Relocation & Custody
The Complications of Relocation
Though most people recognize that divorce is a complex process, most ex-spouses do not realize the long-term ramifications of a divorce. When a couple has children, the court’s focus shifts to prioritize the needs of the children in a divorce case. Part of what is taken into account regarding children is the geographical distance between them and parents. When parents share custody over their children, the courts will usually include a clause in the agreement stipulating “travel restrictions.”
Travel restrictions limit a parent’s ability to move with their children without notifying the noncustodial parent, which gives them the opportunity to object to the move in a formal hearing. If the parent is not moving a significant distance away (e.g. staying within 50 miles), then this is not necessary. Otherwise, a custodial parent must prove that the move is in the child’s best interests.
The court usually considers a number of factors in modifying custody for a move, including:
- The reasons for the move
- The reasons for objection
- The quality of the parental relationship at risk
- Educational opportunities in the new area
- If extended family are available in the new area
Why You Need an Attorney for Relocation Hearings
The Harris Law Firm is made of experienced lawyers, skilled in legal investigation and familiar with Colorado family law. Each of our skills are perfectly suited for advocating for the best interests of your child. Whether you need to move with your child or you believe your child ought to stay in the area, our family law attorneys will determine the most effective way to do what’s best for your child, and by extension, your family. We develop creative, mutually-beneficial solutions. If you need an attorney, contact The Harris Law Firm.