MOVING OUT OF STATE (AFTER DIVORCE OR ORDERS)

Last week, we covered what moving out of state during a divorce looks like. This week, we will cover what moving out of state after divorce looks like. Sometimes changes in life – a job change, a family change, a remarriage, etc – may necessitate a relocation out of Colorado, or to a new location within Colorado which is significantly further away. The law in Colorado on this subject is relatively straightforward.

Whether the parties were married and got divorced and were unmarried and now have a parenting plan, “post decree” relocation cases are difficult. Largely, this is because this is not a lot of room for compromise when one parent wants or needs to move to a new state and the other parent remains living in Colorado. It is increasingly difficult the closer to or at an equal parenting time split the parents are exercising.

The Colorado Legislature and cases issued by the Colorado Supreme Court have created a fairly clear path in analyzing these types of cases. Last week, I noted the Spahmer case, which applies to pre-decree relocation cases. Similarly, we have the case of In re Marriage of Ciesluk. This case was actually a major change and deviation from prior law on this subject in Colorado. Previously, there was a test utilized which gave significant favor to the “primary” parent. That presumption was eliminated by the Ciesluk case, in response to changes made by the Legislature. In its place, the Legislature and Colorado Supreme Court implemented clearly and distinct criteria.

 Under the statutory criteria, if a parent desires to relocate out of state, the following factors are evaluated:

            (I) The reasons why the party wishes to relocate with the child;

(II) The reasons why the opposing party is objecting to the proposed relocation;

(III) The history and quality of each party’s relationship with the child since any previous parenting time order;

(IV) The educational opportunities for the child at the existing location and at the proposed new location;

(V) The presence or absence of extended family at the existing location and at the proposed new location;

(VI) Any advantages of the child remaining with the primary caregiver;

(VII) The anticipated impact of the move on the child;

(VIII) Whether the court will be able to fashion a reasonable parenting time schedule if the change requested is permitted; and

(IX) Any other relevant factors bearing on the best interests of the child.

These factors are considered in addition to the typical factors contained in C.R.S. 14-10-124 for determining the best interests of the child.

We understand that life may necessitate a relocation. These considerations apply anytime there is a relocation, in or out of Colorado, which substantially changes the geographic ties. These specifics are case dependent, so please reach out right away to schedule your FREE CONSULTATION with one of our attorneys!