When parents of minor children divorce, the courts will order a child custody arrangement that is in the best interest of the child. In the state of Colorado, there are certain regulations the parent with primary custody must adhere to if the parent is moving to another state with the child.
Written notice
According to family law statutes, the parent who has primary custody of the child must provide the other parent with a written notice about the relocation. This notice must be provided as soon as possible. The parent who has primary physical custody of the child must provide the reason for the relocation and when the move will occur. The notice must also include a proposed revised parenting plan so that both parents will be able to spend substantial time with the child.
The court’s ruling on parenting time
Colorado courts will not restrict parenting time unless doing so is in the child’s best interest. This means that the parent with visitation rights should still be able to see their child on a regular basis, even if the child moves to another state. If a motion is filed concerning parenting time with the parent who has primary custody, the motion can not be amended for two years unless there is evidence that the child is unsafe or unhealthy as a result of staying in the home with the parent who has primary custody. The courts will also consider the mental and emotional impact that the move will have on the child and the child’s current relationship with the parent who has visitation rights when making a decision.