Fort Collins Parental Relocation Attorney
Fort Collins Parental Relocation Attorney
Moving away is a complex decision filled with important legal ramifications. The court considers such factors as the age of the child, the non-custodial parent’s involvement with the child, and the ultimate best interest of the child before allowing a parent to move. If you are seeking to move with your child, or your ex-spouse or c0-parent wishes to move away with your child, call Mitch Tacy Family Law Attorney & Mediator, he knows how to make the law work for you and your child please call (970)214-8840.
Fort Collins and Greeley Relocation with Children
Obtaining the necessary permission from Colorado Courts to relocate (move a significant distance) with children can be complicated. Mitch Tacy Family Law Attorney & Mediator strongly recommends that you hire an attorney. You must have an existing Court order concerning parenting time. You will need to file a Motion to Relocate Minor Children and a proposed Parenting Plan. You must notify in writing the other party of your request to relocate, the reason for relocation and a proposed parenting plan, child support may also need to be modified.
Factors the Colorado Court considers when a parent is seeking to relocate minor children resulting in substantial geographic changes include:
- Whether a party has been a perpetrator of spouse/partner abuse as that term is defined in §14-10-124(4), C.R.S. which factor shall be supported by credible evidence, whether such spouse/partner abuse occurred before of after the prior decree.
- Reasons why the party wishes to relocate with the child(ren);
- Reasons why the opposing party is objecting to the proposed relocation;
- History and quality of each party’s relationship(s) with the child(ren) since any previous court approved Parenting Plan;
- Educational opportunities for the child(ren) at the existing location and at the proposed new location;
- Presence or absence of extended family at the existing location and at the proposed new location;
- Advantages of the child(ren) remaining with the primary caregiver;
- Anticipated impact of the move on the child(ren);
- Whether the Court will be able to fashion a reasonable parenting time schedule if the change requested is permitted; and
- Any other relevant factors bearing on the best interests of the child(ren).
Depending on the factors in your individual case an expert witness may be needed to accomplish your goals such as a Child and Family Investigator. The process requires strategic planning and an expert who can communicate the best interest of the children regarding the relocation.
Mitch Tacy Family Law Attorney & Mediator
155 E. Boardwalk Drive, Suite 464, Fort Collins, CO 80525
1635 Foxtrail Drive, Suite 356, Loveland, CO 80538
970-214-8840
www.tacylaw.com
