Evidence for Child Relocation Hearings

Are you involved in a Colorado divorce with child 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.

A court will compare the two proposed locations and opportunities in each for the children. Therefore, each parent should conduct research and provide relevant evidence as to what the child’s life will be like in that location. Employment and income statistics in both locations may be relevant, as well as safety and crime rates. School ratings for both locations should be provided and can be obtained at websites such as Greatschools.org. The website rates schools on a variety of factors on a scale of 1–10 making comparison of two specific schools relatively easy.

Cost of living comparisons may be relevant as the cost of living may impact the child's standard of living in each area. Provide an academic calendar for the proposed school to show how parenting time fits within the school schedule. The court has to evaluate whether the parent has considered the child’s academic requirements in the parenting plan. A few photographs may be helpful of a proposed new home, neighborhood or school. A picture is worth a thousand words.

It is common to utilize the assistance of neutral experts in relocation cases because the parents may have very strong feelings about separation from children based on emotions as opposed to an objective understanding of the best interests of the child. These feelings may make an objective presentation of facts especially difficult for the parents involved. Parents may be placed in a position of having to choose between family members. For example, sometimes a proposed relocation is desired due to a new marriage and a parent may be placed in a position of having to choose between following a spouse and losing time with children, or staying with the children and not following the new spouse.

Child and family investigators (CFIs) are often helpful in relocation matters due to the neutral opinion of the evaluator. The evaluator can also visit the distance home and location. C.R.S. § 14-10-116.5 covers child and family investigations. There is a statutory cap on their fees, however if they travel to the distant location, then they will request additional funds to cover the travel. Parents usually share the cost of the evaluation. If a parent cannot afford the cost, state-funded payment may be available.

The CFI's primary role is to investigate, report, and make recommendations to the court on issues that affect the best interests of the minor children involved in a domestic relations case. The CFI investigates and reports as directed in the appointment order, taking into consideration the relevant factors for determining the best interests of the child. C.R.S. 14-10-116.5. The investigation must always focus on child safety to the extent that there are concerns. C.R.S. 14-10-116.5. The CFI may be called to testify regarding the report. C.R.S. 14-10-116.5. The court considers the report, as well as any testimony, by the parties and other witnesses before adopting any recommendations made by the CFI. C.R.S. 14-10-116.5. The court must consider the recommendations, however is not bound by them.

C.R.S. § 14-10-127 covers parental responsibilities evaluators (PRE). They conduct a more thorough evaluation and possibly conduct psychological testing. Consequently, the evaluations can be expensive - sometimes up to $20,000.00. Only PREs are exclusively mental health professionals who can conduct psychological testing, unlike CFIs. Their investigations are not limited in scope, while CFIs investigations are limited in scope. Consequently, PRSs tend to be appointed in cases where there are substantial mental health aspects. There is no state payment option for PREs, unlike for CFIs.

Sometimes a party does not agree with expert evaluation findings. Consequently a party may be able to obtain second opinion in the form of a rebuttal expert. As with the initial evaluator, a rebuttal evaluator must be approved by the court. The best response to a CFI investigation with which a party does not agree is a PRE rebuttal expert. This is because dueling CFI reports are not as useful as a more thorough evaluation of a limited-scope-CFI investigation and findings by a PRE who can do a more in-depth review. Timing can be a factor as a continuance of a hearing may be required if a rebuttal expert can not conduct an evaluation in less than the time available between submission of the first report and the court hearing. #Comment Begins

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.