Considering a Relocation? Here's What You Need to Know...

Relocation

In 2021, Colorado gained only 27,761 people, the smallest population gain since 1990. 1 Additionally, some metro Denver counties (including Denver and Arapahoe) are losing more people than are moving in. 2

For divorced couples with children, the subject of relocating can be tricky. Before a parent can move with the kids, he or she must get the other parent’s agreement or a court order. Failing to do this can cause a parent to be held in contempt of court. If you’re considering a relocation, here’s what you need to know.

What is a relocation case?

“Relocation” means any move that will disrupt the current parenting time schedule. Most often, this is thought of as a move out of state. However, in the Denver area, some judges consider a move across town to be a relocation, depending on traffic and the distance between the parents’ homes.

Bottom line: If the move is going to require a change in the parenting time (for example, because one parent cannot get the child to school due to the distance), it will be considered a relocation case.

What does the judge consider?

Relocation cases are some of the most difficult decisions for judges to make. In addition to the best interests of the child, a Colorado court must also evaluate an additional nine factors. These include things such as why the parent wants to move, the historical relationship of each parent with the child, and the impact of the move on the child.

What if I’m not divorced and I want to move?

If you are not yet divorced, the time to decide about moving is now. As part of a divorce, the court does not consider the additional nine “relocation” factors. The court must design the parenting plan as if you have already moved to the new location. Additionally, because neither you nor the children have an established parenting time schedule, it’s typically easier for everyone to adjust to a long-distance plan at this stage.

What do I need to do if I want to move?

The relocation standard has a couple of requirements that parents must meet. If you are considering a move, you need to send a written notice to your ex with the following: (1) your intent to move; (2) the reason for the move and the proposed new location; and (3) a new proposed parenting time plan.

1 https://kdvr.com/news/data/more-people-moving-out-of-colorado-than-moving-in/

2 Id.

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