The divorce process is a trying time, but once the child custody agreement or judge’s orders are in place and the family becomes accustomed to their changed routine, a new sense of normalcy occurs. Children of divorced parents thrive when both parents remain actively involved in raising them, especially in joint custody arrangements between parents who communicate and co-parent effectively.
But what happens when one parent moves away after the divorce, disrupting the current child custody arrangement by making it impractical or impossible? Whether the move is due to a career requirement, family duty, or other motive, it’s important to consider how the move impacts an existing child custody schedule. If you need legal assistance with your child custody case, our Denver child custody lawyers at Ciancio Ciancio Brown, P.C. are here to help.
Like most states, Colorado requires a divorced parent to give the other parent notice in writing before making a move that’s more than a few minutes away. When one parent moves a significant distance away from the other parent post-divorce judgment, the legal terminology for the move is “parental relocation.” While a divorced parent does not require the court’s permission to move, parental relocation after a divorce presents logistical problems such as the following:
When a parent relocates and makes the current parenting-time schedule agreement challenging or impossible, one or both parents must petition the court for a modification of their existing custody agreement.
When a parent’s relocation makes an existing child custody agreement unrealistic or unworkable, the parents can remediate their existing child custody agreement and agree on new arrangements that work for co-parents who live far apart. Divorce parents can present a signed agreement to the court for a judge to sign into orders under a modification request with the help of their attorneys.
If the parents disagree or disputes arise when determining a new, workable child custody schedule, then each side must present their arguments to the court showing how their modification request is in their child’s best interests. The judge will carefully consider all arguments and evidence before making a binding decision with the best interests of the child in mind. Call our Denver divorce lawyers for help today.
If you or your child’s other parent is considering a relocation, it’s critical to address the matter within the Colorado court system. The Colorado court makes all decisions in a child’s best interest. A skilled attorney helps present your case to the judge to show what is in the best interest of your child under a change in circumstances such as a significant move. Call Ciancio Ciancio Brown, P.C. today for a consultation in your child custody case.
