April 27, 2010

The Ins and Outs of Relocating

The Gasper Law Group, PLLC

Unless your parenting plan specifies otherwise, your child may not relocate without permission of the other parent or the court. There is no defined number of miles you can move without permission, but the general rule of thumb is that you cannot move out of state or far enough away that it would significantly impact the current parenting time schedule without a motion to relocate.

Technically speaking, the courts cannot order any parent not to relocate. So the real question at issue is whether the child can relocate. The primary residential parent is always free to relocate and to leave the minor child behind if they so choose.

There is a case in Colorado which holds that at an initial parental responsibilities determination, each parent may choose where they want to live and the court must accept that decision and fashion a parenting plan with that in mind. If you already have a parenting plan in place and the other party is not in agreement to relocate the child, you must file a motion to relocate and have a hearing on the issue.

Continue reading "The Ins and Outs of Relocating" »