Child Relocation

RELOCATING YOUR CHILD – CHANGES IN THE LAW

In our mobile society, it is not unusual for a person to move after he or she has gone through a divorce. The allure of extended family, a fresh start, a better job, a nicer climate, or a new relationship can be strong. This is especially true if a person moved to Colorado specifically for his or her spouse or stayed in Colorado at the spouse’s insistence. 

Moving after divorce can be complicated if you share children with a parent who is staying put. The move almost always means that one party is going to be forced to spend less time, and less regular time, with the children. How do courts decide whether the children will relocate or stay? How are parenting time schedules determined under these circumstances? How will the move affect the children? These are just a few of the questions relocating parents face on a daily basis.

Relocating Out of State With A Child

Our office has handled hundreds of removal cases throughout the years, during which time the answers to these questions have changed dramatically, especially recently. If you are a frequent visitor to our site, you know that in the beginning of 2005, Colorado courts were strongly in favor of keeping children in Colorado, and not allowing the children to relocate, even if it was the custodial parent making the move. This standard was changed in June of 2005. 

In June of 2005, the Colorado Supreme Court issued a pair of cases dealing with the relocation of parties who share children. In the Spahmer case, the Court distinguished between relocation of a parent during the initial divorce or custody matter, and relocation of a parent after parenting time has been established. The Court found that, in an initial custody proceeding, it should be easier for a parent to move, and the parties would have to address that move while setting up their initial parenting time plan. However, after the initial parenting time is established, the Court ordered that more stringent standards for relocation should apply, because the parties and children would already be accustomed to a parenting time schedule, and the children would have established a different relationship with the majority time parent that did not exist at the time of the initial custody proceeding. 

Parenting Schedule Modification

Expanding upon the groundwork laid by Spahmer, the Ciesluk case dealt solely with the issue of modification after the initial parenting time schedule had been established. Under these circumstances, the Court found that three competing interests need to be considered: (1) the majority time parent’s right to travel; (2) the minority time parent’s right to parent; and (3) the children’s best interests. In order to determine the optimal balance of these interests, Ciesluk holds that the trial court must consider twenty-one (yes, 21) factors to determine if relocation is in the children’s best interests. The factors include the reasons for the relocation, educational opportunities in each location, and the past involvement of each of the parties with the children. 

Child's Best Interest

The Supreme Court describes this method of determining the children’s best interests as a “liberal fact-driven analysis”—we agree with this characterization. Now, both parties are required to actively present information and facts demonstrating how the children’s best interests will be served by the move, or by remaining in place—it does not matter if you are not the moving party, you will still have to present evidence of what parenting plan or parenting arrangement will best serve your children and why. 

Relocation - Moving to a Different City 

Remember, relocation does not necessarily mean that you are moving from Colorado to another state. You are relocating whenever you move your children “to a residence that substantially changes the geographical ties between the child and the other party.”  C.R.S. § 14-10-129(1)(a)(II).  A move from Denver to Durango or Denver to Colorado Springs would certainly change those ties, but what about a move from Englewood to Erie? Many courts would say that this is a substantial change. 

When relocating even a short distance (20-30 minutes away from your current location), we recommend that you talk to the other parent and obtain his or her written permission.  Additionally, it is better to be safe than sorry, and is always a good idea to file your agreement with the Court.  Forms for relocation can be found at the website for the Colorado court system at www.courts.state.co.us.

Click on the self-help button. You should know that at the time of this writing, the instructions on the court system’s website are not current, but they will give you an idea of how to proceed.  If you are moving more than 30 minutes away, you should definitely file a formal Motion for Relocation with the Court.

We welcome any comments or questions about relocation!  Please feel free to call us at 303-861-1444 or e-mail us through the link, above.