QUESTION

Can I move out of state with my kids?

Asked on Mar 04th, 2013 on Child Custody - Colorado
More details to this question:
My fiance is having a difficult time finding a job to transfer to. How can I move with my children to California?
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1 ANSWER

Legal Separation Attorney serving Boulder, CO at Flatiron Legal Advisors LLC
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I am assuming you have court orders regarding parenting responsibilities already in place (i.e., a parenting plan). If so, to move, you will need to file a motion to relocate with minor children. A relocation generally is an uphill fight, especially if the other party has substantial amounts of parenting time (and, with some judges, it is almost certain to be denied). The courts look at 21 different factors in deciding whether the move is in the best interests of the children, including balancing your constitutional right to travel and his constitutional right to parent the children. It is almost always a tough fight since there is rarely any middle ground. If you are serious about wanting to relocate, it would be a good idea to discuss the facts of your case with an attorney before you file your motion, so you make the right argument from the start. I hope this helps.
Answered on Mar 09th, 2013 at 1:08 AM

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