Key Takeaways:
- Relocation significantly impacts custody and parenting plans.
- Unapproved moves can lead to serious legal consequences.
- Judges consider the child’s best interests, relationships, and educational impact.
- Cooperation and transparency increase the likelihood of a positive outcome.
- Long-distance parenting requires careful planning and additional expenses.
Introduction:
If you’re navigating the challenging situation of child relocation, understanding your rights and obligations under Colorado family law is crucial. Krista Nash, an experienced Divorce Attorney in Colorado and founder of Children First Family Law, regularly addresses these complex issues. Serving families in Denver, Lakewood, Arvada, Boulder, Colorado Springs, Greeley, and Pueblo, Krista emphasizes the critical importance of the child’s well-being in relocation cases.
Understanding Relocation Under Colorado Family Law
In Colorado, “relocation” doesn’t mean a simple move across town. Legally, it refers to any significant move that disrupts the existing parenting plan. Whether relocating from Denver to Durango or moving out of state entirely, substantial geographic changes require judicial review.
Courts evaluate relocation differently depending on whether the move occurs before or after custody orders. Pre-decree moves follow general “best interests” standards, while post-decree moves must adhere to specific statutes.
Constitutional Rights vs. Child Custody
You have a constitutional right to move freely, but this doesn’t automatically extend to taking your children. Once custody orders exist, courts oversee decisions affecting the children, ensuring their best interests remain central. This means while you’re free to relocate for better jobs or family support, you must follow the legal process to relocate with your child.
Is Moving Without Permission Kidnapping?
Parents often ask if moving without permission constitutes kidnapping. The short answer: potentially yes. If custody orders are already in place, Colorado law mandates notifying the other parent, explaining your reasons, and proposing an updated parenting plan. Ignoring this can lead to severe consequences like civil contempt, loss of parenting time, or even criminal charges for custodial interference.
If no custody orders exist, both parents have equal rights, but unilateral moves can negatively affect future court decisions. Domestic violence cases are an important exception, offering more leeway for victims needing to protect themselves and their children.
Legal Tools to Prevent Parental Abduction
Colorado employs laws like the Uniform Child Abduction Prevention Act (UCAPA) and Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). These statutes help courts proactively prevent unauthorized relocations, ensuring both parents respect custody orders and maintain child safety.
Case Studies: Doing It Right and Wrong
When Relocation Goes Wrong
Consider Sarah, who moved from Colorado to Oregon without notifying her ex-husband Jason. Despite her good intentions, her unilateral action resulted in emergency court intervention. Ultimately, Sarah lost custody, demonstrating how disregarding the legal process harms parental trust and children’s emotional stability.
Doing Relocation Right
Contrast this with Mia’s approach when relocating from Colorado to Seattle. She proactively notified her co-parent Carlos, proposed a comprehensive parenting plan, and offered financial support for travel. Although Carlos initially disagreed, Mia’s transparent approach convinced the judge that relocating served their child’s best interests, leading to a favorable outcome.
What Judges Consider in Colorado Relocation Cases
Judges in Colorado assess several critical factors:
- Reasons for relocation
- Objections from the other parent
- Child-parent relationship quality
- Educational and emotional benefits or impacts
- Available family support networks
- Feasibility of maintaining meaningful parent-child contact
- Children’s preferences (if age-appropriate)
Colorado cases like Spomer and Ciesluk reinforce that courts have no presumptions for or against relocation, focusing solely on each child’s specific needs. The Martin and Dezalia cases further guide judges to craft flexible, conditional parenting plans to address potential changes.
Managing Long-Distance Parenting and Travel Costs
Long-distance parenting introduces additional complexities, especially regarding travel logistics and costs. Colorado statutes specify travel expenses must be proportionate to parental income, though practical arrangements often include splitting travel responsibilities or creatively using frequent flyer miles.
Planning for travel expenses is crucial, particularly in relocations involving significant distances, like Colorado to Hawaii or Europe. Parents must consider the practicalities and emotional toll of frequent travel on children, especially as they age and seek their own independence.
The Real Emotional Impact on Children
Even beneficial relocations represent significant emotional disruptions for children. Moves can mean losing friendships, changing schools, and dramatically reducing day-to-day interaction with one parent. Long-distance parenting, while manageable, demands considerable effort, flexibility, and trust from both parents.
Krista Nash emphasizes the necessity of deliberate, cooperative co-parenting strategies. Facilitating frequent and meaningful contact—through technology or in-person—is crucial. Actively involving the non-relocating parent in significant life events fosters emotional stability for children and maintains their relationships with both parents.
Importance of Joint Decision-Making
Shared decision-making remains critically important, even after relocation. It fosters engagement from both parents and enhances the child’s sense of security. Sole decision-making should typically be avoided unless domestic violence or other serious issues are present.
A parent who relocates should proactively encourage involvement from the other parent, sharing updates and inviting participation in activities like school events or extracurricular performances. Active collaboration ensures children feel supported by both parents, despite geographical distance.
Practical Advice for Parents
For Relocating Parents:
- Communicate transparently about your relocation plans.
- Develop a detailed parenting plan that prioritizes your child’s relationships with both parents.
- Carefully consider if the move truly benefits your child’s long-term emotional health.
For Parents Staying Behind:
- Clearly express how relocation could impact your child’s stability and your relationship.
- Maintain a respectful, child-focused approach to voicing concerns.
Both Parents Should:
- Utilize child-inclusive mediation for cooperative solutions.
- Consistently prioritize the child’s emotional and psychological well-being.
Final Thoughts
Relocation cases in Colorado family law are complex and emotionally charged. Ultimately, the best interests of children guide every decision. By prioritizing cooperation, transparency, and child-focused solutions, parents can minimize the emotional toll and ensure healthy, lasting relationships.
Need Help With Your Relocation Case?
Navigating relocation in family law doesn’t have to be overwhelming. For compassionate guidance tailored to your family’s needs, contact Krista Nash at Children First Family Law. Serving Denver, Lakewood, Arvada, Boulder, Colorado Springs, Greeley, and Pueblo, we’re here to advocate for you and your children.
Call (720) 252-9638 or schedule your consultation online today.