Motion to Move with Child
Often times, one party wishes to move away from the other parent. Although you may wish to relocate, if you have a child with another person, you will need the court’s permission to relocate with the child. The process begins with you filing a Motion to Relocate with the Child. This must be served on the other party. If the other parent objects to the Motion, the court will set a hearing. When deciding the matter, the court will use the Best Interest of the Child standard.
Relocation means that the parent with whom the child lives with the majority of the time is intending to relocate with the child to an area that substantially changes the geographical ties between the child and the OTHER, non-moving parent. In Colorado, this could mean moving from Denver metro area to Colorado Springs or to the high country. This would disrupt the relationship and time that the child has with the other party.
When deciding if relocating with the child would be in the child’s best interest, the court will consider all relevant factors, including if one party has committee an act of domestic violence, engaged in a pattern of domestic violence, or had a history of domestic violence. These allegations must be supported by a preponderance of the evidence. Other facts the court should consider include:
- the reason why the party wishes to relocate with the child
- the reasons why the opposing party is objecting to the proposed relocation
- history and quality of each party’s relationship with the child since the previous court orders
- educational opportunities for the child at the existing location and the proposed location
- Presence or absence of extended family at the existing location and proposed location
- Any advantages of the child remaining with the primary caregiver
- The anticipated impact of the move on the child
- Whether the court will be able to fashion a reasonable parenting time schedule if the change requested is permitted
- And all relevant factors bearing on the best interest of the child.
It should be noted that the term best interest of the child is a legal term and defined in Colorado Reversed Statute §14-10-124.
Should you need to move or need additional information on preventing a parent from relocating with a child, please contact us at (303) 747-4686 or CLICK HERE. IF you would like to be placed on our mailing list to receive the latest updates in family law issues, simply CLICK HERE and put ADD TO LIST in the subject line.