When an issue revolving around child visitation and child custody cannot be resolved through mediation, here is how the procedure is handled by the court.
First, the relocating parent must notify the other parent, in writing, of their intent to relocate. Included in this notice must be the proposed location of the new home and the reasons for the relocation. In addition, a proposed new parenting time schedule must be provided.
Recent statutes in Colorado also require that the Court determine whether the proposed relocation is in the best interests of the child. The “best interests” argument will take several relevant circumstances into account, including how the move will affect visitation and parenting time factors.
Before making a final decision, the court will look at these nine issues:
• Why the parent wishes to relocate with the child;
• The history and quality of each parent's relationship with the child;
• The reasons why the other parent objects to the proposed move;
• Whether there extended family live within the present home community and/or the proposed new hometown;
• The benefits of the child remaining with the parent with whom the child presently resides a majority of the time;
• The educational opportunities for the child in the present home community and/or in the proposed new community;
• Whether meaningful parenting time and visitation can be afforded the other parent if the move or relocation is granted; and
• The anticipated impact of the move on the child;
• Any other factors relevant to seeking a solution that is in the best interests of the child.
If you are concerned about an impending move and how a change in geographic ties will affect your current parenting plan, a Colorado Springs child custody lawyer can help.