Key Takeaways
- Having joint custody does not automatically mean your ex can stop you from moving, but relocating with your child may require court approval.
- Colorado courts consider factors such as the reason for the move, how it may affect your child, and whether a workable parenting schedule can be created.
- Understanding the reasons a judge would deny relocation can help you prepare before making plans to move.
What Happens When One Parent Wants To Move?
Moving after a divorce can be complicated when your child is involved. Maybe you accepted a new job, want to be closer to family, or need a fresh start. Whatever the reason, moving with your child after a divorce in Colorado Springs can affect your current parenting plan.
If you and your ex share custody, you may wonder whether they can simply say no.
The answer is not always that simple. Moving with joint custody may require court approval when the move substantially changes your child’s relationship with the other parent. Colorado law requires the parent planning the move to provide written notice and information about the relocation, including the reason for the move and a proposed parenting plan.
If you and your ex cannot agree, the court may need to decide whether the move is in your child’s best interests.
Can My Ex Actually Stop The Move?
Your ex can object to moving with your child after a divorce in Colorado Springs, but an objection does not automatically prevent the move.
If you cannot reach an agreement, you can ask the court to decide whether the relocation should be allowed. Colorado courts consider several factors, including:
- Why you want to move
- Why your ex objects
- Your child’s relationship with each parent
- How the move may affect your child
- Educational and family opportunities
- Whether a reasonable parenting schedule can work
These factors become especially important when moving with joint custody would significantly change the current parenting schedule.
What Are The Reasons A Judge Would Deny Relocation?
There is no single list of reasons a judge would deny relocation in every case. The court looks at the specific circumstances and what is in the child’s best interests.
Relocation may become more difficult when:
- The move would seriously disrupt the child’s relationship with the other parent.
- There is no realistic plan for parenting time.
- The proposed move offers little benefit to the child or moving parent.
- The move would significantly interfere with school or other important activities.
- The parent has not presented a reasonable plan for maintaining the child’s relationship with the other parent.
When moving with joint custody, having a detailed plan for transportation, holidays, school breaks, and regular communication can help demonstrate that you have considered the impact of the move.
What If My Move Is For A Good Reason?
Having a legitimate reason for moving with your child after a divorce in Colorado Springs can be important, but it does not guarantee that the court will approve the relocation.
Maybe you have a better job opportunity, want to be closer to grandparents, or need more affordable housing. Colorado courts can consider both your reasons for moving and your ex’s reasons for objecting.
It helps to explain not only why the move benefits you, but also how you believe it will positively affect your child, and how you plan to maintain their relationship with the other parent.
What If We Already Have Joint Custody?
Having joint custody does not prevent one parent from requesting relocation. However, moving with joint custody can require additional planning, because the move may make the current parenting schedule difficult or impossible to maintain.
For example, moving a short distance may create fewer issues than relocating several hours away. The farther away you move, the more likely the court will need to consider changes to parenting time.
If moving with your child after a divorce in Colorado Springs substantially changes the geographic relationship between your child and your ex, the court may consider modifying the parenting plan as part of the relocation process.
How Can You Prepare For A Relocation Request?
If you are considering moving with your child after a divorce in Colorado Springs, review your parenting plan and start preparing before making any major decisions.
Consider gathering:
- Your reason for moving
- Information about the new location
- School and housing information
- Employment details
- Family or other support available
- A proposed parenting schedule
- A plan for transportation
Do not assume you can simply move first and address the legal issues later. Colorado has specific procedures for parents seeking to relocate when an existing parenting time order is in place.
Know Your Options Before You Move
If you are considering moving with joint custody, Colorado Legal Group can help you understand your options and prepare for the relocation process. Our experienced family law attorneys help parents in Colorado Springs and throughout Colorado navigate relocation and parenting plan issues.
We can help you evaluate your situation, address potential reasons a judge would deny relocation, and build a plan that considers your child’s best interests.
If you are considering moving with your child after a divorce in Colorado Springs, contact us today to schedule a consultation.
Joseph Cash
Attorney at Colorado Legal Group
Joe Cash is a skilled divorce and family law attorney with over a decade of experience handling high-conflict cases, custody disputes, child relocation, and complex financial matters in Denver. He is known for helping clients make sound decisions that protect both their finances and their relationships with their children.
Education: University of Colorado, Boulder
Years of Experience: 10+ years of high-level divorce experience