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Relocating with Your Children After a Divorce

After two parents divorce, a lot can happen in their respective lives that might warrant even further changes, including a big move that can substantially impact child custody and visitation rights. However, the courts understand that some changes are necessary. As long as the move will serve a child’s best interests, it is possible to have this request granted. That said, several factors will have to be considered before any life-altering decisions can be made. Keep in mind that, of course, both parents can freely move whenever they wish. The only caveat is that a parent cannot relocate with a child, given that it would impact the other’s custody or visitation rights.

Below is a list of some factors the courts will consider before allowing a custodial parent to relocate with his or her child:

  • The strength, quality, level of involvement, and stability of the child’s relationship with each parent, any siblings, or other significant extended family members, such as grandparents or aunts and uncles
  • Whether or not the parents had any prior agreements regarding this issue
  • The intent and good faith of the parent who is either requesting or opposing the move
  • If there is a pattern of conduct by the relocating parent that is intended to improve or harm the non-relocating parent’s relationship with the child
  • The age of the child as well as his or her needs and maturity
  • The level of impact moving or staying would have on the child’s physical, educational, and emotional development and relationships with both parents
  • The quality of life, resources, and opportunities that are available in the new location and in the current one to the child and the relocating parent
  • The existence of any alternative arrangements that could possibly help the child continue to maintain a close relationship with the other parent
  • If it is possible and desirable for the other parent to relocate at the same time
  • The financial impact and logistics of either allowing or halting the relocation
  • In some cases, the child’s preference might be taken into consideration if he or she is old enough or mature enough

If a relocation is considered to be in the best interests of the child, the non-custodial parent would likely end up with limited visitation periods.

Negotiating with the Other Parent

Regardless if you are the non-custodial or custodial parent, reaching an outcome you can both feel comfortable with is easier to accomplish when both parties are able to negotiate with one another. Through negotiations, the non-custodial parent might be able to receive longer periods of visitation during vacations, such as summertime or the holidays, in exchange for allowing the custodial parent to relocate with the child.

Of course, relocating is a major decision for any family, so make sure you consult with a family law attorney as soon as possible to ensure you achieve the best possible results.

Denver Relocation Attorney

If you would like to relocate with your child, you need to obtain the skilled legal assistance of a family law attorney. At Denver Family Lawyers, our relocation attorneys are here to provide you with the experienced and compassionate support you need during this difficult time. Regardless if you are the custodial parent or not, you can count on our legal team to bring the experience and insight that is necessary to achieve results.

Get started on your child relocation case and contact our law firm today at (303) 225-3343 to request your free initial case evaluation.