How to Handle Relocation Disputes in Colorado Family Court

Relocation disputes in family court can be some of the most emotionally charged and complex cases to navigate. When one parent wants to move with the children, it can significantly impact the existing custody arrangement and the relationship between the children and the non-relocating parent. In Colorado, the law provides specific guidelines for handling these disputes, but the process can still be challenging for all parties involved.

Colorado’s Relocation Laws With Regards to Relocation of a Child

Colorado law recognizes the importance of both parents in a child’s life, as well as the right of parents to pursue opportunities that may require relocation. However, the court’s primary concern is always the best interests of the child. When a parent with majority parenting time or equal parenting time wishes to relocate with the child, they must follow specific legal procedures.

Notification Requirements

The parent wishing to relocate must provide written notice to the other parent as soon as practicable. This notice must include:

• The intended new location
• The reason for the relocation
• A proposed revised parenting time plan.

It’s crucial to provide this notice well in advance of the intended move, typically at least 60 days before the proposed relocation.

Court Involvement

If the non-relocating parent objects to the move, the case will likely end up in court. Colorado courts are required to consider several factors when deciding whether to allow a parent to relocate with a child:

• Reasons for the relocation
• Reasons for the opposition to the relocation
• History and quality of each parent’s relationship with the child
• Educational opportunities at the existing and proposed locations
• Presence of extended family at both locations
• Advantages of the child remaining with the primary caregiver
• Anticipated impact of the move on the child.

Strategies for Handling Relocation Disputes

1. Open Communication

Before involving the court, attempt to have open and honest discussions with the other parent. Explain your reasons for wanting to relocate and listen to their concerns. Sometimes, a mutually agreeable solution can be reached through direct communication.

2. Mediation

Consider engaging in mediation with a neutral third party. A mediator can help facilitate productive conversations and guide both parties towards a compromise. Many courts in Colorado encourage or even require mediation before proceeding to a hearing.

3. Develop a Comprehensive Parenting Plan

If you’re the relocating parent, create a detailed parenting plan that addresses:

• How the non-relocating parent will maintain frequent and meaningful contact with the child
• Transportation arrangements for visitation
• Use of technology for virtual visitation
• Holiday and vacation schedules
• Cost-sharing for travel expenses.

A well-thought-out plan can demonstrate to the court that you’ve considered the impact on the other parent and are committed to fostering their relationship with the child.

4. Gather Evidence

Whether you’re the relocating parent or the one opposing the move, gather evidence to support your position. This may include:

• Employment offers or documentation of career opportunities
• Information about schools in the new location
• Evidence of extended family support
• Documentation of the child’s current activities and relationships
• Expert opinions on the potential impact of the move on the child.

5. Focus on the Child’s Best Interests

In all arguments and evidence presented to the court, focus on how the proposed relocation (or staying in the current location) serves the child’s best interests. Courts are primarily concerned with the well-being of the child, not the convenience or preferences of the parents.

The Need For Legal Representation in Relocation Cases

Given the complexity of relocation disputes, it’s highly advisable to seek legal representation. An experienced family law attorney can:

• Ensure all legal procedures are followed correctly
• Help gather and present compelling evidence
• Negotiate with the other party’s attorney
• Represent your interests in court
• Advise on the likelihood of success and potential outcomes.

At Goldman Law, our Denver family law attorneys have extensive experience handling relocation disputes. We understand the nuances of Colorado law and can provide skilled advocacy to protect your rights and your child’s best interests.

The Family Court Process for Relocation Disputes in Colorado

If a relocation dispute goes to court, here’s what you can expect:

1. Filing of motion: The relocating parent files a motion to modify parenting time based on relocation.
2. Response: The non-relocating parent has the opportunity to file a response objecting to the move.
3. Temporary Orders hearing: The court may hold a hearing to establish temporary arrangements while the case is pending.
4. Appointment of experts: There may be instances that the court will appoint a Child and Family Investigator (CFI) or a Parental Responsibilities Evaluator (PRE) to assess the situation and make recommendations.
5. Discovery: Both parties may engage in the discovery process, exchanging relevant information and documents.
6. Mediation: Many courts require parties to attempt mediation before proceeding to trial.
7. Trial: If an agreement can’t be reached, the case will go to trial where both parties present evidence and arguments in court.
8. Decision: The judge will make a decision based on the evidence presented and the best interests of the child.

Post-Decision Considerations

Once a decision is made, either allowing or denying the relocation, both parents must be prepared to adjust:

• If relocation is approved, a new parenting time schedule will need to be implemented.
• If relocation is denied, the parent who wished to move must decide whether to relocate without the child or remain in the current location.
• Either party may have the right to appeal the decision if they believe the court made a legal error.

Frequently Asked Questions (FAQs) on Colorado Relocation with Child Custody

How long does a relocation case typically take in Colorado?

The duration of a relocation case can vary significantly depending on the complexity of the situation and the level of conflict between the parties. Generally, from the time a motion is filed, it can take anywhere from a few months to over a year to reach a final resolution.

In Colorado, the law requires that a court schedule a relocation hearing within 35 days of an opposing parent filing an objection. However, this initial hearing may not resolve the entire case. If the parties cannot reach an agreement and a full trial is necessary, the process can extend much longer.

Factors that can affect the timeline include:

• The court’s schedule and backlog
• Whether a Child and Family Investigator or Parental Responsibilities Evaluator is appointed
• The extent of discovery required
• Whether mediation is attempted and its success
• The complexity of the proposed relocation and its impact on the child.

Even after a decision is made, there may be a period of adjustment as the new parenting plan is implemented. Additionally, either party may have the right to appeal the decision, which could further extend the process.

Can I move with my child while the relocation case is pending?

Generally, it’s not advisable to move with your child while a relocation case is pending in Colorado. Doing so without court approval or the other parent’s consent could be viewed negatively by the court and potentially harm your case.

Colorado law requires that you provide notice to the other parent of your intent to relocate, and if they object, you should wait for the court’s decision before moving. If you have an urgent need to move before the case is resolved, you can request temporary orders from the court.

In some cases, the court may grant temporary permission to relocate pending a final hearing. However, this is not guaranteed, and you should be prepared for the possibility that you may need to return if the final decision does not allow for relocation.

It’s crucial to consult with an experienced family law attorney before making any decisions about moving during a pending relocation case. They can advise you on the potential risks and help you explore options that comply with the law and protect your interests.

What factors does the court consider most important in relocation cases?

In Colorado, the court’s primary consideration in relocation cases is always the best interests of the child. Certain factors tend to carry significant weight in these decisions:

• The reasons for the relocation: Courts look for legitimate reasons such as career opportunities, education, or family support.
• The relationship of the child with both parents: The court will consider how the move might affect the child’s bond with each parent.
• The child’s adjustment to their current environment: This includes school, community, and extracurricular activities.
• The ability to maintain the relationship with the non-relocating parent: Courts favor plans that allow for continued meaningful contact.
• The child’s preferences: If the child is mature enough, their wishes may be taken into account.
• The impact on the child’s education: The court will compare educational opportunities in both locations.
• The presence of extended family: Support systems in both the current and proposed locations are considered.
• Any history of domestic violence or child abuse: This is a critical factor that can significantly influence the court’s decision.
• The ability to implement a reasonable parenting time schedule: The court will assess whether a workable schedule is possible if relocation is permitted.
• The potential for improving the child’s and relocating parent’s quality of life: This includes financial, emotional, and developmental considerations.

No single factor is determinative, and courts weigh these elements based on the specific circumstances of each case. Presenting clear, compelling evidence related to these factors is crucial in relocation disputes.

Can I oppose a relocation if I don’t have primary custody of my child?

Yes, you can oppose a relocation even if you don’t have primary custody of your child. In Colorado joint custody, both parents have the right to be involved in major decisions affecting their child, including where the child lives.

When a parent with majority parenting time (sometimes referred to as primary custody) wishes to relocate with the child, they must provide notice to the other parent. If you are the non-relocating parent, you have the right to object to this proposed move, even if you have less parenting time.

Upon receiving notice of the intended relocation, you can file an objection with the court. This will trigger a court review of the proposed relocation, considering factors such as:

• The reasons for your opposition to the move
• The quality of your relationship with the child
• The impact of the move on your parenting time
• The child’s ties to the current community
• Your proposed alternative parenting plan.

It’s important to act quickly when you receive notice of a proposed relocation. The court will consider your current level of involvement with the child, so be prepared to demonstrate how you’ve maintained a meaningful relationship despite not having primary custody.

Remember, the court’s primary concern is the best interests of the child. If you can show that staying in the current location (or an alternative arrangement) better serves the child’s interests, you may be able to successfully oppose the relocation.

Given the complexity of these cases, it’s advisable to consult with a family law attorney to understand your rights and develop a strong strategy for opposing the relocation.

How can I increase my chances of winning a relocation case?

While there’s no guaranteed way to “win” a relocation case, as the court’s decision will always be based on the child’s best interests, there are strategies you can use to strengthen your position:

• Develop a comprehensive parenting plan: Whether you’re the relocating parent or the one opposing the move, create a detailed plan that addresses how the child’s relationship with both parents will be maintained.
• Gather strong evidence: Collect documentation that supports your position. This might include job offers, school information, housing details, or evidence of family support in the proposed location.
• Focus on the child’s best interests: Frame your arguments around how the proposed arrangement (whether relocating or staying) benefits the child, not just yourself.
• Demonstrate flexibility: Show willingness to accommodate the other parent’s relationship with the child. This could involve offering extended summer visitation or frequent video calls.
• Maintain a positive co-parenting relationship: Courts favor parents who can cooperate and communicate effectively.
• Be prepared to compromise: Consider alternative solutions that might satisfy both parties’ needs.
• Engage expert witnesses: If appropriate, consider involving a child psychologist or education specialist to provide professional opinions on the impact of the move.
• Address all relevant factors: Ensure you have compelling arguments for each of the factors the court will consider, as outlined in Colorado law.
• Maintain detailed records: Keep a log of your parenting time, involvement in the child’s activities, and communication with the other parent.
• Seek professional legal representation: An experienced family law attorney can guide you through the process, help you avoid common pitfalls, and present your case effectively.

Remember, “winning” in a relocation case often means finding a solution that works for all parties involved, especially the child. The goal should be to reach an arrangement that allows the child to maintain strong relationships with both parents while accommodating necessary life changes.

If You’re Having Relocation and Child Custody Issues in Colorado, Contact Goldman Law Today

Handling relocation disputes in Colorado family court requires careful navigation of legal requirements, strategic preparation, and a focus on the child’s best interests. While these cases can be emotionally challenging, approaching them with a clear understanding of the law and a willingness to negotiate can lead to more favorable outcomes.

If you’re facing a relocation dispute, whether you’re the parent wishing to move or the one opposing the relocation, it’s crucial to seek experienced legal counsel. At Goldman Law, we’re committed to guiding our clients through these complex cases with skill and compassion. Contact us at (303) 656-9529 to discuss your case and explore your options.