My parenting agreement states that I need permission from the court to relocate with my daughter if I move a "substantial distance" away. What constitutes a substantial distance? My ex has her every other weekend and every other opposite Thursday. and I have agreed to meet him back where we live now when its his time to pick her up. He is saying that I have to get permission from the court before I can move. Do I?
If it would dramatically impact his ability to see your daughter on his parenting time, then the prudent thing would be to file a motion requesting permission of the court to do so. An additional 50 miles is one hour each way and would be considered "substantial" by "some" judges. It would definitely impact your ex's time with your daughter substantially on Thursdays alone, if not the weekend. I would consult with an attorney and play it safe and file the paperwork.
Relocation does not mean you are moving from Colorado to another state. You are relocating whenever you move your children “to a residence that substantially changes the geographical ties between the child and the other party.” A move from Denver to Durango or Denver to Colorado Springs would certainly change those ties, but what about a move from Englewood to Erie? Many courts would say this is also a substantial change.
Therefore, I recommend contacting a family law attorney so the proper motions can be filed with the court seeking approval.
Glen Goldman, Attorney
Legal disclaimer: Answering this quetion does not establish an attorney client relation. The answer is for educational purposes only. You should consult an attorney for your specific circumstances.
I agree with Mr. Leroi. You don't have to go to court if he agrees. If he will not agree, then you likely need to file a motion to relocate. Mr. Leroi is an excellent and very experienced attorney if you need additional assistance. He and I both offer free initial consultations if you would like to discuss further.
The key in a relocation case like this, where the distance is not that great, is convincing the court that it can fashion a reasonable new parenting plan with respect to the relocation. The court almost certainly will order you to go to mediation on this, so I'd tell your ex that and see if you can work something out before spending money on courts, mediation and lawyers - given your parenting time schedule, I'd think you could work something out. It's often helpful to have a lawyer help you negotiate this and draft the documents. Hope this helps.
You can reach Dave Rich at (303) 886-2516 or [email protected] Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.
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