RELOCATION

RELOCATION

Relocating because of a divorce? Contact the relocation law experts at Miller Family Law in Denver, CO

Relocation is when one parent wants to move with the child(ren) to a new location which substantially changes the geographic relationship with the other parent. There are two basic types of Relocation: Relocation in the initial proceeding and Relocation after the parties have obtained the court order (Post-Decree Relocation). In an initial proceeding the legal standard is the best interest of the child(ren) or CRS 14-10-124 (1.5)(a). In an initial custody proceeding the parents are on equal footing. Parents rights are implicated in a more direct way in a Post-Decree Relocation because the parties have already obtained a court order determining custody. Custody has not yet been determined in an initial proceeding, whereas in a Post-Decree Relocation the existing order provides some stability for the child(ren). Because of this there is no reason to treat the initial custody proceeding with a relocation component any differently than a regular custody case. There is a reason to treat Post-Decree Relocations differently because of the level of disruption caused by such a change and the need to protect the rights of the parents.

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