Primary Parent Change in Parental Relocation

Are you involved in a Colorado divorce with a parental relocation? An experienced Colorado Springs divorce and child custody lawyer can guide you through the legal process and assist you in exploring your options. You have one bite at the apple in the court system so make it count.

Public policy favors parenting stability for children. Accordingly, domestic relations law limits the frequency of a change of primary parent, absent parental agreement, or endangerment so that children are not experiencing major changes for reasons that may relate more to the parents rather than the best interests of the children. After a court has determined that one parent should be the primary residential parent, the legal standard becomes higher to shift majority parenting time to the other parent. Proving endangerment is a high bar and does not mean that a child has cavities or one parent watches video games during parenting time. It is behavior that generally rises to the level of abuse or neglect. Helpful evidence is a finding by the Department of Human Services of abuse or neglect by a parent.

However, a post-decree relocation restarts the clock with the best interests standard for a change of primary parent. When a parent proposes to relocate with the children, the legal standard to change the primary parent shifts to the lower best interests of the children standard of C.R.S. § 14-10-129(2)(c).

Relocations are not just limited to out of state moves, but can also occur interstate. A relocation is any move which substantially changes the geographical ties between the child and the other party. There is no bright-line mileage rule with regards to whether an in-state relocation substantially changes geographic ties or not. An out of state relocation does. Even a move from one suburb to another within the same metropolitan area could separate parents from children substantially due to traffic, and change substantially the nature of their local environment and opportunities.

Distance parenting especially impacts school-aged children because of the importance of education and the impact of lengthy travel time for education. If both parents have overnights on school nights, a long distance between parents could result in the children having a long drive for school or parenting time. Sometimes parents decide to change schools when one parent moves, however if children are well-established in a particular school and doing well, this may not be an option that is in the children's best interests. One option is to choose a school in-between the parents to allow for maximum parental involvement, however this may result in more travel time for the children. A parent moving out of the area where a child attends school may have less ability to retain shared parenting time depending on the impact on the children of travel to attend school. Colorado does have a School Choice Program where parents can apply for their children to attend various schools outside of their zoned area, however if accepted, a parent will usually have to provide transportation as bus transportation may not be available.

Parental agreement about relocation is best for all involved. However sometimes parents cannot agree and a court must decide the distance parenting plan. Cases where both parents desire to be the primary parent in a parental relocation are often hotly contested with both parents being unwilling to abandon their desire. Two areas of special interest to courts are the reasons for the move and the reasons for the objection. Another area is a child's involvement in the current community, as well as new opportunities in the distant location. A third may be the child's opinion, however a child must be of sufficient maturity for a court to place a great deal of weight on the opinion. If a child would like to live with a parent because that parent lets him eat ice cream for dinner and does not make him do homework for example, that desire is not based in a position of maturity. Given that relocation hearings can be highly contested, planning and preparation is more important than ever. Child and Family Investigators are often helpful to a court in relocation situations.

Even though there are no presumptions for or against relocation, courts may focus more on some aspects. Relocations required by an employer tend to be viewed more favorably than voluntary relocations not related to family support requirements. Both parents have a legal obligation to financially support their children. Courts also view relocations related to extended family support in the distant location more favorably as family support can make a substantial difference in a child's quality of life and a parent's ability to earn an income.

Although academics are important, the fact that a proposed school scores slightly higher on ratings such as Great Schools is not necessarily as relevant. A substantial difference may be relevant. Educational opportunities are more important however, for gifted or special needs children because a school's ability to meet those children's needs may vary greatly. Courts are generally interested in the child's opinion if the child is of sufficient maturity. This is particularly true with teenagers who may have long-established lifestyles as well as friends, activities and employment in one location.

Asking a relocating parent whether he or she will relocate if relocation is denied is not permissible. This means that neither opposing counsel nor the court can ask the relocating parent to answer the question. While such information may be relevant, it can also be highly prejudicial because it may increase the chance of relocation denial and/or portray a parent who indicates an intent to relocate without the children as a noncaring parent. A trial court is required to adhere to a parent's stated intent in relocation proceedings.

Turning Change Into Opportunity in Colorado Springs, Colorado Divorce and Child Custody

A highly knowledgeable and experienced Colorado Springs divorce and child custody lawyer can guide you through Colorado Springs divorce and child custody matters by negotiating, mediating and litigating on your behalf. You can focus on moving to a better future instead of spending your time attempting to navigate complex legal rules and procedures.

Sabra Janko from Janko Family Law has more than 20 years of legal experience and has written “the book” on Colorado divorce and family law – “Colorado Family Law With Forms”, published by LexisNexis, which you can find at https://store.lexisnexis.com/products/colorado-family-law-with-forms-skuSKU02903. Contact us at 719-344-5523 or complete our online scheduling request for a free 30-minute informational consultation. We also offer paid advice sessions for a more in-depth analysis of your case.