How Far Can a Parent Move Away With Joint Custody in Colorado?
If you share joint custody with your child’s other parent, it is up to both of you to make important decisions regarding your children’s upbringing. If you have been presented with an opportunity to relocate, or your child’s other parent has stated that they are hoping to move away, you may be wondering what that means for your child custody arrangement.
If you have joint custody, you may not be able to move too far away unless you get the other parent’s permission. You may also be able to challenge the move if your child’s other parent is the one trying to relocate. Understanding how situations like these unfold under the law is crucial if you hope to maintain a strong co-parenting relationship. Here is more about what Colorado law says about relocation and how relocation works if you do not have an existing child custody agreement in place.
What Colorado Law Says About Relocating Out of State with a Child
Moving far away or out of state can be a great opportunity for you and your children. However, if you and your child’s other parent are divorced, you do not necessarily have the right to make this move without consulting the other parent or getting permission from the court for relocation per the Colorado Judicial Branch.
If you and your child’s other parent can work together and agree that this move is in the best interest of your shared children, the court may be more willing to sign off on the order. However, if the other parent contests the move, you will need to prove to the court that it is in the best interest of the child. Some common reasons you may be considering a relocation include:
- Wanting to be closer to your family
- Taking advantage of a new job opportunity
- Planning for retirement
- Getting remarried
If you hope to convince the court that your move is in your child’s best interest, you will need to show that there are better opportunities for your children where you are hoping to move. Maybe they will have access to better school districts, or your family will be able to thrive financially due to a lower cost of living, for example.
How to File a Request to Relocate
If your child’s other parent refuses to work with you on your relocation request, you may need to file a formal request with the court using the JDF 1425 Form. During this time, your family law attorney will also need to ensure your co-parent receives written notice of your intent to relocate. Some of the factors the court will consider when determining your request include:
- The other parent’s opinion
- Your reasons for relocating
- Whether your child has friends or family in this new location
- Whether the other parent will be able to maintain their relationship with their child at the new location
What Happens if You Do Not Have a Child Custody Agreement?
Without an existing child custody arrangement, you may or may not be able to move away or move out of state. Many factors will be taken into account, including your existing relationship with your child, how actively you have been involved in the child’s life, whether you are in the middle of a divorce, and whether substance abuse or domestic violence impacts your family.
In most cases, it is in your best interest to consult the family courts before moving away or out of state if you currently share custody with a former partner or spouse. If you do not have an existing custody arrangement, it may be a good idea to contact the Colorado family courts before relocating.