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:
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.
If you are in a troubling situation and need a relocation law expert, call Miller Family Law, LLC in Denver, CO, today to speak with a represntative.