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Wheat Ridge Child Custody Lawyer | As a Custodial Parent, Can I Move My Children Out of State?

On Behalf of | Oct 31, 2017 | Child Custody |


Moving a child out of state, known as child relocation or child custody modifications in Wheat Ridge and Jefferson County can be a complicated matter. As a custodial parent, you may have majority decision making and parenting time, but that does not mean you can just leave the state with your children. You must formally ask the court and give the children’s other parent a chance to agree or object. Unless relocating the children out of state was addressed under the initial parenting plan, a modification of the parenting plan would be necessary and must be signed off on by a Jefferson County family law judge.

Process for Relocating Children Out of State After an Arvada Divorce: Parenting Time Modification

If the custodial parent is considering moving to another state, there are steps that must be taken in order to request permission from the other parent and the courts. This is a Parenting Time Modification. Your divorce lawyer’s first step is to serve the non-custodial parent with written notice of the intent to relocate, outlining the following:

1. Where they are planning to move;

2. The reason the relocation is necessary; and

3. How the parenting plan should be modified to address the relocation.

The divorce court must also be notified. With this notification, the custodial parent must detail the reason for the relocation and how it is in the best interest of the children.

Jefferson County Judge’s Considerations for Relocation and Parenting Time Modification

When a judge reviews the request to relocate to another state, they are always considering the best interest of the children. If the children are doing well in school, are actively involved in social activities, and are overall happy with the current situation, then the judge may deny the request. With any Parenting Time Modification, a judge will consider how a relocation will affect the relationship the children have with their non-custodial parent. However, a judge may be moved by the reasoning for the move and determine it is in the children’s best interest.

How an Experienced Wheat Ridge Family Law Attorney Can Help

If you are a custodial parent, looking to relocate to another state with your children, then a family law lawyer can help present the best case in front of the judge for how your children will benefit from a move. On the other hand, if you are a non-custodial parent preparing to fight to keep your children near you, we can help with that too!

If you are looking to relocate out of state with your children or trying to fight against your children relocating out of state, contact the best family law attorneys from the Pearman Law Firm at 720-259-9528 today.

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