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After a divorce, can a parent move away with his or her child?

On Behalf of | Jan 12, 2021 | Child Custody & Parenting Time

Divorce is a complicated and emotional process, and it is normal for a parent to want a fresh start after it is final. In some cases, this may mean finding a new residence, new job or new place to call home, even in another state. However, moving after a divorce may not be simple, especially as a relocation could impact a child custody order.

Relocation issues are common after a divorce, and parents could find themselves at odds over what is best for the kids. Whether you want to move or the other parent does, it’s helpful to understand your rights and learn how you can preserve the relationship you have with your child. As with any custody dispute that arises before or after your divorce, you would be wise to have assistance and guidance as you make decisions.

The possibility of a move

In any decision regarding the children, it is critical for a parent to consider the best interests of the kids above all else. However, if a parent wants to move and it will take the child a considerable distance from the other parent, there are several factors to consider.

First of all, any move that would impact the custody order must first get approval from a judge. Failure to do this could result in serious consequences. When parents are discussing potential changes to a visitation schedule or a possible relocation, the following factors should play a role in the decision:

  • How far away the child will be from the other parent
  • Nature of the relationship between the child and non-custodial parent
  • Proximity to extended family members
  • Disruption to child’s school and home life
  • Objections to the relocation from the other parent

Your rights

You have certain parental rights, and you may find it necessary to take steps to protect the relationship you have with your child after a divorce, especially if the other parent wants to move. As you seek to protect your rights and do what is best for the child, you may find it beneficial to speak with an experienced Colorado family law attorney.

Child custody issues can be complex and emotional, especially if your rightful visitation time is under threat. You do not have to face these matters alone, and you can seek a beneficial outcome that will be practical for the entire family for years to come.