Colorado Child Support and Custody Laws - Relocating With a Child

RELOCATING WITH A CHILD

One of the most tragic situations any parent may ever face occurs when their ex-spouse moves from the State of Colorado with their child. This event, when combined with the effects of the divorce, itself, can be truly devastating to the non-custodial parent and, sometimes, to the child.

However, the Colorado legislature has recently amended the law to make it more difficult for custodial parents to move with a child when the non-custodial parent remains in Colorado. The new law will replace a previous Colorado Supreme Court decision, which in most cases gave custodial parents a presumptive right to move with their children if certain conditions were met, unless the non-custodial parent could prove endangerment. Effective September 1, 2001, the new law will determine whether the request for removal is in the best interests of the minor child. This is a far more difficult legal standard to meet.

There was a tremendous amount of debate and controversy before the removal legislation was enacted. Opponents of the bill argued that, with current economic conditions, parents should be free to move when a new job opportunity offered them better economic opportunities in other states and, in some cases, other countries. However, father’s rights groups and others were able to persuade legislators that such concerns were outweighed by the value of keeping families as geographically intact as possible. In fact, the final version of the bill signed by Governor Owens will apply not only to out of state moves, but also to major moves within the State of Colorado.

The Family Law Section of the Colorado Bar Association actively supported the new removal bill. If you have any questions about how this complex area of the law affects your rights, you should definitely consult with an experienced family law attorney.

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