Those who have recently divorced in Broomfield might find that relocating to another area will help them in moving on with their lives. The desire to put added distance between oneself and their ex-spouse is not outlandish; indeed, according to information shared by the U.S. Census Bureau, of those who relocate in the U.S. every year, 27.4 do so for family-related reasons. Yet moving away after a divorce becomes more complicated if one shares children with an ex-spouse.
Section 14-10-129 of Colorado's Revised Statutes says that if a parent who has custody of their children a majority of time wishes to relocate to an area that would substantially change the geographical ties with the other parent, that party must provide the other parent with notice of their intent to do so. Such notice must be provided at a reasonable time prior to the intended relocation so as to provide the other parent with an opportunity to respond.
Given that a relocation likely makes it more difficult for a current custody agreement to be followed, the court can modify it to accommodate the proposed new circumstances. Factors that it will consider when modifying such an agreement include:
- The reason why the relocating party is moving (as well as why the other parent may be opposing the move)
- The history and quality of each parent's parenting time
- The presence (or absence) of extended family at both the current and proposed locations, as well as the educational opportunities available in each area
- The advantages of allowing the children to remain with the primary caregiver
- Whether an acceptable custody arrangement can be made if the move is permitted
Any history of domestic violence involving the non-custodial parent will also be considered when determining whether to modify a custody agreement to accommodate a relocation.