When a custodial parent wants to take his or her child from Colorado, the other parent may have the right to object to that relocation. The easiest way for a parent to make sure that the relocation can proceed is to get the express consent of the other parent. Typically, consent is granted as part of the divorce decree and an alternate visitation schedule is laid out in the agreement.
It may also be possible to move with a child over the objection of the other parent if it is done in good faith. For instance, if the parent is moving closer to family, has a job offer, or is moving to an area with a lower cost of living, a judge will rule that the move is in good faith. As with any other relocation arrangement, an alternate custody schedule would have to be created.
Some courts will look at the relocation on its merits to determine whether the noncustodial parent's objection will stand. For instance, if the move takes the child more than 100 miles away from the noncustodial parent, it may be blocked. If the child is taken even slightly across state lines, that may also be grounds for a judge to block the move.
If a parent wants to move with his or her child, it may be worthwhile to consult with a family law attorney who may be able to determine if the move would be allowed by a judge. It may also be possible for the attorney to negotiate an agreement without going to court. If the move is allowed and a new child custody arrangement is reached, it will become a binding document that both sides must abide by.
Source: FIndlaw, "Child Custody Relocation Laws", December 02, 2014
Tags: Child custody, divorce, relocationRelated Posts: The custody battle from a child's perspective, Modification of child custody in Colorado, How do Colorado courts enforce parenting plans?, CFIs, PREs and allocation of parental responsibilities