Relocation After Divorce
Divorce Lawyer in Colorado Springs, Parker & Pueblo
It is common in the months and years following a divorce for one of the
spouses to decide to relocate to another city or state. New job opportunities,
better living conditions, proximity to friends and family, the wish to
distance oneself from an ex-spouse with a history of
domestic abuse, and the desire to make a fresh start are all common reasons to move after
a divorce. When children are involved, the matter can be quite complicated.
If the other parent has rights of shared
child custody or
visitation, then you will most likely have to get his or her agreement to the move.
If agreement is not possible, then you will have to persuade a family
law judge to rule in your favor. Failure to do so can result in harsh
legal penalties, including criminal charges of parental kidnapping and
loss of your own custody and visitation rights.
Whether or not the other parent is in agreement with the proposed move,
you will have to secure an official
modification to the existing agreement for parental responsibility and parenting time.
In order to do so, it is necessary to demonstrate to the judge that the
planned relocation is in the
children's best interests and that it is not merely an attempt to spite the other parent and prevent
them from having a meaningful relationship.
Your ex-spouse has an opportunity to contest the move based on evidence
that the move would be unnecessarily disruptive to stability in the children's
lives, such as by removing them from an existing support network of friends
and family. Colorado Springs divorce attorneys from our firm can help
you present a case for relocation or fight against a petition for relocation.
When is a petition to relocate necessary?
A modification of court orders is not necessary in every case. If, for
example, you are moving from one part of Colorado Springs to another,
this would not likely necessitate a modification. The law on parental
relocation, Colorado Revised Statutes §14-10-129 (2012) "Modification
of parenting time," states that such a modification is required for
a move that "substantially changes the geographical ties between
the child and the other party."
If you are planning to relocate to Pueblo, Parker, Denver, or somewhere
farther away, you will most likely have to obtain a modification in court.
To learn more about your own case and to take the first steps in filing
your petition for relocation,
contact Clawson & Clawson, LLP. Our Colorado Springs divorce lawyers represent parents on both sides
of the issue and are ready to fight for your right to maintain an active
role in your children's lives.