Can you leave the state with your kids after the divorce?

On Behalf of | Oct 25, 2021 | Divorce |

Divorce forces you to rebuild your life, sometimes almost from scratch. You need to find a way to support not only yourself but also your children after splitting your assets with your ex.

People often find themselves living in short-term apartments or even moving in with family so that they can rebuild after a divorce. Trying to find a good place to live and a stable job are often major priorities after a divorce.

If you recently inherited your grandmother’s house in Idaho or got a job offer in Minnesota for the perfect position for you, can you move with your kids out of Colorado?

Your parenting plan likely already addresses relocations

Whether you and your ex mediated your divorce and settled things before you filed or you litigated and had a judge decide how to split parental responsibilities, there should be an in-depth parenting plan that discusses everything from when you exchange custody to who has the authority to make decisions for the children.

Relocation with the children is an issue commonly addressed in parenting plans. Usually, the documents will restrict future relocations based on location. Typically, if you want to move far enough away that it would interfere with your ex’s regular access to the kids, you will have to receive pre-approval for your move.

How do you request the right to relocate?

If you want to move with the children, you will eventually need to modify the existing parenting arrangements to account for the new living situation. If your ex agrees with the move, then you can file an uncontested modification request.

If they do not agree, you will need to go to court to ask a judge to decide if the kids can move with you. As with other parenting matters, the most important consideration in a contested modification will be what is in the best interests of the children. Showing how you will have greater stability in the children will have more opportunities in a different location can help convince the courts that a move would benefit the children.

Advance planning, plenty of documentation, and the right focus as you build your case are all crucial to your success. Knowing your rights when modifying parenting arrangements in Colorado can help you better navigate the process.

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