In Colorado the major issue of contention for post-divorce or separation situations is the relocation of the children. Whether the move is to get as far away from a distressing situation as possible, or because of a new job out of state, the Colorado custody laws take into consideration the needs of the child and the effect relocation will have on them.
When there is legal arbitration, the law in Colorado prevents any parent from removing the children or child out of state without expressed permission of the other parent or from the family law judge presiding over the case. You would think that once the process of divorce or legal separation is completed there would be easy and free movement, but there are still some restrictions which apply to taking the children out of state. Out-of-state visits are typically permitted, however they may be circumstances that require restrictions on out of state, and even out of the country travel.
Primary care parents may be given more leeway if they decide to relocate with the children. However it does not mean that the needs of the secondary care parent are disregarded; it just means that the judge has to take financial capabilities, mental stability and other factors into consideration before rendering his judgement. A perceived balance is usually decided by the court of law as it would be unfair to expect that the parties involved in legal proceedings such as separation, divorce and paternity battles to endure the discomfort of being in the same location with each other.
Colorado law seeks to make decisions that favor the party who can adequately provide the basic nurturing situation that complements the needs of the children, even if that party wants to relocate with the child/children. Uprooting and displacing a child or children is not to be taken lightly. There are no easy roads when the welfare of the child/children is at stake.
The content of this page is for general informational purposes only, and should not be considered advice in your case. If you’re getting a divorce, you need a Denver divorce attorney who knows the intricacies of divorce in Colorado and the details of the law.
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