Can a Judge Keep a Child From Leaving the State After a Divorce in Colorado?

By Mike Broemmel

Colorado law grants significant leeway to a divorced parent who wants to leave the state with the children. Under Colorado law, a parent with primary custody of minor children generally can move out of state with them. The non-custodial parent must take action to prevent the primary caretaker from leaving the state with the children. This involves filing a motion with the court seeking an order preventing removal of the children from Colorado. In many other states, an opposite process exists: the parent who wants to leave a state with the children must obtain court approval.

Objection by Non-custodial Parent

When a non-custodial parent learns of the custodial parent's intention to leave the state with the children, three options exist: do nothing to stop the removal, move to the other state or seek a court order stopping the move. If you choose to file a motion requesting the court to block the move, a hearing is held to consider whether or not the proposed relocation should be blocked by the court.

Court's Discretion to Stop Move

In Colorado, the judge possesses discretion to block the move. He considers a number of factors laid out in Colorado law in deciding whether to prevent the custodial parent from leaving the state. These factors include the reasons why the custodial parent wants to leave the state and the reasons why the other parent wants to prevent the move. The court also looks at the potential effect of the move on the children and whether a reasonable parenting time schedule can be created for the non-custodial parent remaining in Colorado.

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Burden of Proof

The parent opposing the move bears the burden of proof of demonstrating to the court why the removal should not be allowed. For example, the non-custodial parent must demonstrate that fashioning a reasonable parenting time schedule is impossible if the move is allowed. This might be the case, for example, if the custodial parent plans to move a great distance from Colorado.

Automatic Injunction

The only time an automatic injunction is in place preventing moving children from Colorado is when a divorce case is ongoing. The automatic injunction goes into effect the moment the divorce petition is filed. The injunction remains in effect until the judge lifts the order or the case ends with the granting of a divorce decree.

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California Laws on Parent Relocation
 

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Child Custody & Relocation Rights in Tennessee

When parents get a divorce, their custody order or parenting plan establishes each parent's rights. If a parent plans to relocate with the child, both parents should understand the steps for requesting and opposing a potential move. Tennessee child custody laws include several provisions related to parental relocation. In some cases, a state court may prevent a parent from relocating with the child.

Relocating With Children During a Divorce in Florida

When parents divorce in Florida, they generally need a court order for custody and visitation. Before either parent relocates with the children, the parents should check the terms of any existing court orders, whether temporary or permanent, for limits on parental relocation. Parents often need to file petitions for court approval before moving away with their children. A mother or father on either side of a parental relocation case may benefit from representation by a Florida attorney.

The Tennessee Joint Custody Relocation Statute

Tennessee law does not prevent a divorced parent from moving out of state, but if you have a joint custody arrangement, the other parent may be able to prevent you from taking your child with you. If you move, you will likely need a new parenting plan with an updated visitation schedule, which you may agree to with your ex-spouse. If the parents can't agree on new custody and visitation arrangements, the court may modify the schedule for you or prevent you from relocating the child if it concludes the move is not in the child's best interest.

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