- Family Law
Can you move away if you are co-parenting in Colorado?
Yes, but it is not guaranteed that the child will be allowed to relocate with you.
If the other parent does not agree that the child can move to another state, the court will have to decide with whom the child will live primarily and what parenting time plan can work for the other parent.
To make that determination, the court will consider Colorado’s “best interest factors,” which include:
- the wishes of the child's parents for parenting time
- the child's wishes (if mature enough to express them)
- the relationship between the child and parents and siblings
- the child's adjustment to their school, home, and community
- the ability of each parent to encourage a loving relationship between the child and the other parent
- whether each parent's past pattern of involvement demonstrates a system of values, time commitment, and mutual support
- the physical proximity of the parents, and
- the ability of each parent to place the child's needs ahead of their own
Being away from their primary parent can be particularly hard for young children. Long distance parenting plans for young children usually consist of short, frequent visits for the visiting parent. These are limited, though, by the frequency this parent is able to travel.
For school-age children, one parent typically has the children for the school year, and the other will have the children during summers and school breaks. The length of the time spent with the other parent can expand as the child grows older until it takes up most of their summer break from school.
These types of parenting plans can be difficult. Communication between the parents is key to informing the other parent about everything going on with the child. Communication between the child and the other parent is also critical. For young children, frequent, short video calls can be helpful. As the children get older, longer calls are appropriate.
For more information regarding parenting plans, contact an experienced family law attorney at Jorgensen, Brownell & Pepin, P.C. today.