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Can you move out of state with your kids after a divorce?

| Jun 22, 2021 | High-asset Divorce |

You finally got that big promotion you have hoped for. The only problem – to take it, you will have to relocate out of the state. Making such a change may require significant thought and preparation, particularly for divorced parents with established shared child custody orders. 

If you plan to relocate with your children, you may benefit from understanding your legal responsibilities before moving. 

Modifying existing custody orders

According to Colorado state law, if you plan to move with your child after a divorce, you must have permission from your child’s other parent or the court. If you cannot reach an agreement with your child’s other parent, you may need to petition the court for a child custody modification if your move will substantially alter the existing geographical ties between your child and his or her other parent. For instance, you may not need permission to move a short distance within the same city, but you may have to obtain a custody modification before relocating to another state. 

Considering the best interests of the child

In determining whether to approve a modification request based on a proposed relocation, the court may consider several factors. Among these may include the following: 

  • The anticipated effects of the move on the child 
  • The reasons for the proposed move 
  • The reasons for the non-relocating parent’s objection to the move 
  • The educational opportunities for the child in the existing location and the suggested new location 
  • The history and quality of each parent’s relationship with the child 

Having the appropriate approval and, if necessary, modification to your initial custody order may help ensure you do not violate the rights of your child’s other parent or jeopardize your parenting time.