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Can you move out of state with kids after a Colorado divorce?

June 14, 2019 | Firm News

For any number of reasons, you may find yourself considering moving out of the state. As a divorced parent in Colorado, though, there is more to relocating than just making up your mind and going. If your move will significantly affect your existing parenting time schedule, you must have permission to take your child with you.

There are two paths toward obtaining approval to relocate with your minor-aged children after a divorce. Should you and your child’s other parent agree to the move, you may jointly file a motion with the court to modify your custody order. If your ex-spouse does not agree to your relocation, you may petition the court for approval and a hearing will be held to decide if it is in your child’s best interests.

According to Colorado state law, in determining whether to modify a child custody order to permit a relocation, the court may consider factors such as the reason for the proposed relocation and the cause of the objection to it, any history of domestic violence, the educational opportunities your child would be losing or gaining due to the move, and the anticipated effect of the relocation on your child. Additionally, the court may take into account your history and the quality of your relationship with your child, as well as that of your ex-spouse, and whether your child would be losing or gaining access to extended family as a result of the move.

The information contained in this post is meant only for general purposes and should not be considered legal advice.

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