Divorce Lawyer Colorado Springs
Often times, a parent may need to move out of state or even further based on new job opportunities, military relocation (PCS – Permanent Change of Station), or family emergency situations. The courts refer to any move that significantly changes the geographical location of the parents a “relocation” and a typical relocation involves a complete change in the current parenting plan.
Let’s cut to the chase
The courts do not like relocation requests because it forces the court to make a decision where no middle ground really exists. The court cannot split the baby so to speak. Unless the parents come to an agreement, the court will be forced to determine whether a significant move is in the child’s best interest.
- The court considers a number of factors in a relocation case and will question a parent’s motivation for relocating and whether the move would be in the best interest of the child.
- If the court determines a parent is requesting a relocation for an improper, illegitimate or unnecessary purpose, the court will likely not allow the child to move with that parent.
- Every case is different and factually driven.
The Drexler Law Group can assist a party with either properly presenting an argument for relocation or defending a relocation request. It is important to contact an attorney at the first instance of contemplating or being confronted with a potential relocation. In some cases, knowing an attorney is involved in reviewing the matter will force the other party to more carefully consider the relocation. Even in cases in which a relocation is inevitable, The Drexler Law Group can work towards a more favorable parenting plan that maximizes parenting time even for the non-relocating parent.
If the Other Parent Proposes a Move
If the other parent of your child proposes to move to another state, or even an inconvenient distance away in the same state, you have the right to challenge it and you need to call The Drexler Law Group immediately. Time is of the essence in any relocation or removal case and unreasonable delay could jeopardize seriously the available options in a relocation action.
In Colorado, the courts are supposed to give priority to relocation matters. However, the reality is that your case may languish with the remainder of a judge’s domestic relations caseload, unless your attorney actively pursues the relocation case.
- Depending on your position or strategy, delay may be a good thing; but if delay is not your strategy, waiting to get your case before the court can seriously jeopardize options for removal or relocation.
- The attorneys at The Drexler Law Group will analyze whether a priority on the court docket should be pursued aggressively or whether a different strategy is more helpful to your case.
Courts Cannot Dictate Where You Live
We all have a Constitutional right to travel and live in any state that will accept us. The court does, however, have the right and responsibility to determine where a child or children reside. Accordingly, it is important to pursue a court order before leaving the state or relocating with your children.
- In cases where no prior court custody order has been issued, the parties are left in a difficult position.
- Technically, the case would not be considered a relocation or removal action and instead would have to be initiated as an initial Allocation of Parental Responsibilities case (APR).
- These cases would not receive any priority on the docket, which can frustrate the timing of even the most well-intentioned relocation.
- A move within the state of Colorado which substantially changes the geographical ties between the child and the non-custodial parent requires consent from the other party or permission from the court.
The Drexler Law Group is experienced in handling relocation matters and initial APR matters involving relocations. We know how important it is for you to make decisions that are in the best interest of you and your family. We understand that moving and change is a part of life. The Drexler Law Group is here to help you throughout the entire process. Schedule an appointment with one of our attorneys to discuss these issues and how they may pertain to your case.