Yes, moving can be exciting, but how is it affected by Divorce?
By Christopher M. Nicolaysen
The Gasper Law Group, PLLC
In today’s transient society, parents that have been divorced in Colorado will often move out of this state and seek to take their child or children with them. The relocation of a party out of the State of Colorado can impact the amount of parenting time both parties will have with their minor child(ren). In Colorado, relocation of a minor child(ren) is controlled by statute and case law.
Pursuant to C.R.S. § 14-10-129, when the parent with whom the minor child resides the majority of the time seeks to relocate with the child to a residence that substantially changes the geographic ties between the child and the other party, the primary residential parent shall provide to the other parent with (1) written notice as soon as practicable of the intent to relocate, (2) the location of where the party intents to reside, (3) the reason for the relocation, and (4) a proposed revised parenting plan. Relocation hearings are given priority on the court’s docket.
Both the relocating parent and the non-relocating parent share equally the burden of demonstrating why it is in the child(ren)’s best interest to relocate or stay. In re the Marriage of Ciesluk, 113 P.3d 135 (2005). Further, the Court in Ciesluk stated, a court must begin its analysis with each parent on equal footing; a court may not presume either that a child is better off or disadvantaged by relocating with the majority parent. Continue reading →