After a divorce, the best-case scenario for your family is usually to stay in the same state. However, there are situations where your co-parent may need to leave the state for work or personal reasons on a permanent basis.
When you have joint custody, both parents have a say in where their child lives. If your former spouse chooses to move, you have a couple of different options.
Petitioning for your children to stay
First, you have the option to petition for your children to remain in Colorado. For a custodial parent to relocate with the children, he or she has to prove that the move would enhance the child’s life. For example, work opportunities that would benefit the family may be a reason for the move. When you object to relocation, the court typically sets up a hearing within 35 days. If you have strong reasons to believe that it is not in your child’s best interests to move, bring your evidence to the hearing.
Altering the custody arrangement for relocation
If you agree with the relocation, you and your spouse may need to adjust the custody arrangement. Determine what the visitation and holiday schedules look like following the move and how often you will have contact with your children. If you are not the custodial parent, you can still ensure that the other parent shares all important information, including medical and academic information with you. Some parenting plans will include virtual visitation, phone calls and other forms of conversation between children and their parents.
If possible, you can avoid conflict if you work together with your ex, if he or she plans to relocate.