Deciding to relocate to another state is a significant life change, especially when you share joint custody of your children. It’s a decision that requires careful consideration and planning, as it can impact not only your life but also the well-being and custody arrangements of your children. Here’s a guide on what to do if you find yourself in this situation:
1. Review Your Custody Agreement
The first step is to review your current custody agreement carefully or court order. This document outlines the terms and conditions regarding custody, visitation schedules, and any restrictions on relocation. Most custody agreements require both parents to notify each other and obtain permission from the court before relocating with the children, especially if the move will significantly impact the current custody arrangement, such as moving several hours away from the other parent.
2. Communicate with the Other Parent
Open and honest communication with the other parent is crucial. If you are considering moving states, discuss your reasons for the move and how it may impact the children’s custody and visitation schedule. Be prepared to listen to their concerns and be willing to negotiate a new custody arrangement that takes the move into account.
In Colorado, the parent that is planning to move must notify the other parent in writing that includes where they plan to live, the reasons for the relocation, and a proposed revised parenting plan with a new parent schedule.
3. Seek Legal Advice
Consulting with a family law attorney experienced in custody matters, such as Brooke Alexander, is highly recommended. The attorney can provide legal guidance based on your specific situation and the laws in your state.
A good attorney will help you understand your rights, the legal requirements for relocation, and the process for modifying your parenting plan.
4. Consider the Best Interests of the Children
Courts prioritize the best interests of the children in custody matters. When requesting permission to relocate with your children, be prepared to demonstrate how the move will benefit them, such as better educational opportunities, if moving increases your income and ability to provide for the child, a safer environment, or closer proximity to extended family members, etc.
5. Obtain Permission from the Court
If your custody agreement requires court approval for relocation, you will need to file a petition with the family court. This petition should include details about the proposed move, the reasons for relocating, the impact on the children’s lives, and a proposed revised custody and visitation schedule. The court will evaluate these factors to determine if the move is in the children’s best interests. A lawyer can help you file the appropriate paperwork to proceed with obtaining permission.
Conclusion: Navigating the Complexities
Moving states when you have joint custody of your children involves navigating legal complexities and ensuring that the move aligns with the best interests of your children. By communicating openly with the other parent, seeking legal advice, and following the proper procedures outlined in your custody agreement and state laws, you can increase the likelihood of obtaining permission for the relocation while maintaining a stable and supportive environment for your children.
Remember, every custody case is unique, and laws can vary by state. Seeking personalized legal advice and guidance will help you make informed decisions and navigate the process smoothly. If you need assistance with your custody matter, our team at Alexander & Associates is here to provide expert legal support and representation tailored to your needs.
