What if I want to move during a divorce?

It’s possible you noticed on your Petition for Dissolution — an automatic temporary injunction that says you need agreement from the opposing party or court approval to take the kids out of the State of Colorado. What does that mean? Can you go on vacation? Can you move?

First, the lay of the land: The court is in charge of your case as long as it’s open. Included in your case are your children. But the court does not have the power to tell you that you, yourself, have to stay in a particular area or that you cannot move to another state. The Court has jurisdiction over you and your children, but cannot interfere with your federal right to travel. So can you take them out of state? Read on to find out when and how you can travel and move with your children.

Vacation

If you are in the middle of a divorce or custody proceeding and you have a vacation planned, you need either the agreement of your opposing party or an order from the court affirming that you may take the children out of the State of Colorado. This is fairly simple: First, confer with your co-parent. If they agree, then you can confirm in writing and you are clear to travel with the children. If they do not agree, then you can submit a request to the court, explaining the details of your trip and requesting authority to take the children with you. Once you have the court’s approval, you can take the children with you out of state in accordance with the travel itinerary you requested approval for.

Relocation - Before Final Orders

If your case is pending and you plan to relocate to another state, then you have your first opportunity to convince the court of how and why your proposed location is in the child’s best interests. According to C.R.S. § 14-10-124(1.5)(a), the Court will consider each party’s physical proximity to the other in making its first determination regarding parenting time. This means that if you are planning to move away from Colorado, or even to a farther distance from your co-parent within Colorado, the Court will consider that location when it makes its first set of Permanent Orders. The Court will always consider the children’s best interests when making its orders, so you will have to be ready with your facts of why your proposed plan is, in fact, in the children’s best interests, despite the distance between you and your co-parent.

Relocation - After Final Orders

Once the Court has made its Permanent Orders regarding allocation of parental responsibility, the Court will need to see why the previous Permanent Orders should be modified according to your proposed relocation. Under C.R.S. § 14-10-129(2)(c), the Court must consider several factors, including not only the children’s best interest standards, but also why the Court should modify its prior Permanent Orders so that the child or children can move away with the party who wants to relocate. This is a heightened standard, given that there are many factors in several statutes that control the relocation decision and which the Court must apply to each and every situation.

In all cases, the Court’s primary consideration is the children’s best interests. That can mean that moving away with you is best for them, or you may need to overcome a presumption that the children should stay where they are. In either case, Gunning LLC understands the law and the explanation required to help you get the result that works for you. Schedule a consultation today to discuss your planned move and how we can get your kids to go with you.