Family Law, Divorce, Custody and Child Support Attorneys in Colorado Springs, Colorado

Life is About Making the Right Decisions and Moving On: What to do when one parent wants to relocate after a court-ordered parenting plan

Negotiating and agreeing to a parenting plan can be an arduous task for everyone involved.  Once all of the parties involved have agreed on a schedule and plan that works, and that plan has been accepted by the court, it can be unpleasant to rock the boat if one party wants to relocate.  However, at some point, one or both parents may wish to relocate with the children because of a new job, a new spouse or simply a new beginning.

The first step should be to examine the location to where one parent wants to relocate.  It is important to have hard and specific facts about the job market, the housing market, the schools, and the church or community programs which would benefit the parties in the event such a move took place.  The court will likely only grant a relocation for the children if the move is in the child’s best interests, and if there is a reasonable, feasible way for the non-relocating parent to exercise his or her time with the children.  It is generally not a good idea to approach the court with vague and uncertain plans for a move.  If you are the parent thinking about relocating, determine the best place for you and your kids to go, and start gathering some facts about why a relocation will create a better life for your family.

Generally, taking the kids and moving to a new location without permission from the other parent is never a good idea. Courts generally frown on parents who remove children from the State of Colorado without first consulting the other parent, and if the parties have not agreed to a modified parenting plan, the non-relocating parent may demand that the children be returned to the state.  A Court may still determine that a future relocation is in the best interests of the children, but it is a good idea to either work out a new parenting plan with the other parent, or submit a motion for modification of the parenting plan and a motion to relocate to the Court before packing up and taking off.

If you or your other child’s parent is contemplating a relocation, it’s a good idea to contact a family law attorney familiar with the applicable statutes and case law to assist you in the process.