Colorado Springs Child Custody Lawyer
Experienced Guidance for Relocation Cases
Oftentimes, a parent may need to move out of state or even further based on new job opportunities, military relocation (PCS — permanent change of station), or family emergency situations. The courts refer to any move that significantly changes the geographical location of the parents a relocation, and a typical relocation involves a complete change in the current parenting plan. Drexler Law has extensive experience helping clients make changes to their parenting plans. You do not have to fight for your future alone.
Call (719) 259-0050 today to schedule your consultation with the Colorado Springs divorce lawyers at Drexler Law.
Child Relocation Concerns
The courts do not like relocation requests because it forces the court to make a decision where no middle ground really exists. The court cannot evenly divide time when significant distance is involved. Unless the parents come to an agreement, the court will be forced to determine whether a significant move is in the child's best interest.
The court considers many factors in a relocation case. If the court determines a parent is requesting a relocation for an improper, illegitimate, or unnecessary purpose, the court will likely not allow the child to move with that parent. It is important to contact an attorney at the first instance of contemplating or being confronted with a relocation.
Drexler Law can assist a party with either properly presenting an argument for relocation or defending a relocation request. In some cases, knowing an attorney is involved in the matter forces the other party to more carefully consider the relocation. Even in cases in which a relocation is inevitable, Drexler Law can work toward a more favorable parenting plan that maximizes parenting time even for the non-relocating parent.
If the Other Parent Proposes a Move
If the other parent of your child proposes to move to another state or even an inconvenient distance away in the same state, you have the right to challenge it. Time is of the essence in any relocation or removal case, and unreasonable delay could jeopardize seriously the available options in a relocation action.
Drexler Law can help you analyze whether or not to delay your case. In Colorado, the courts are supposed to give priority to relocation matters, but the reality is that your case may languish with the remainder of a judge's domestic relations caseload unless your attorney actively pursues the relocation case.
Sometimes, a delay can be a good thing, but if that is not your strategy, waiting to get your case before the court can seriously jeopardize options for removal or relocation.
It is natural for even married, well-intentioned parents to disagree; however, when parents disagree to the extent that a custody action is initiated, parenting conflicts can get out of control quickly without experienced, professional guidance and advocacy. Don’t let the emotions of parental conflict affect you and your family for potentially decades; we can help.
The attorneys at Drexler Law can analyze whether exercising a priority on the court's docket should be pursued aggressively or whether a different strategy will be more helpful to achieving your goal.
Courts Cannot Dictate Where You Live
While we all have a constitutional right to travel and live in any state that will accept us, the court actually has the right and responsibility to determine where a child or children reside. It is important not to confuse your right to live in another state with the powerful jurisdiction of the court to decide where your child may live.
Call Drexler Law to obtain advice on the appropriateness of leaving the state before obtaining a court order and the anticipated legal challenges. There are too many factors for a parent to consider when making the decision to relocate a child from Colorado. There are many reasons that can justify a departure from Colorado; however, the attempt to move from Colorado with your child or children can seriously jeopardize your goal to provide for the best interest of your child or children out of state.
In cases where no prior court custody order has been issued, the parties are left in a difficult position. Technically, the case would not be considered a "relocation" or removal action and instead would have to be initiated as an initial Allocation of Parental Responsibilities case (APR). These cases would not receive any priority on the docket, which can frustrate the timing of even the most well-intentioned relocation. However, our attorneys can analyze whether a Motion for Abduction Prevention Measures would be appropriate or whether an Emergency Motion to Restrict Parenting Time should be filed to protect a child from the same influences that would lead a parent to consider moving out of the state.
Relocation within the State of Colorado is not automatic. A move within the state of Colorado that substantially changes the geographical ties between the child and the noncustodial parent requires consent from the other party or permission from the court.
Let Drexler Law help you understand the decisions you should make in your case. Call (719) 259-0050 today or contact us online.
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