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How hard is to get full custody of my kids if me ex is not paying child support?

Denver, CO |

My ex and i have joint custody of the kids, but he has not paid any child support since our divorce. I want to move 2 hours away, so i want full custody. will this be hard to achive?

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Attorney answers 2


Payment of child support is not a primary factor that the Court will consider when considering a Motion for Relocation. The Court will consider the best interests of the children in considering a request to move and will specificially focus on the following factors:

The reasons why the party wishes to relocate with the child;

(II) The reasons why the opposing party is objecting to the proposed relocation;

(III) The history and quality of each party's relationship with the child since any previous parenting time order;

(IV) The educational opportunities for the child at the existing location and at the proposed new location;

(V) The presence or absence of extended family at the existing location and at the proposed new location;

(VI) Any advantages of the child remaining with the primary caregiver;

(VII) The anticipated impact of the move on the child;

(VIII) Whether the court will be able to fashion a reasonable parenting time schedule if the change requested is permitted; and

(IX) Any other relevant factors bearing on the best interests of the child;


"Full custody" is a misleading term in Colorado, because it implies that you want all decision-making and all parenting time... yes, that is very difficult to achieve. In general, alhtough not in every case, it is not advisable to cut the other parent out of the life of a child and in that respect, moving 2 hours away isn't going to do that by itself. Child support is supposed to be considered separately from parenting time (and usually the courts do in fact treat it as a separate issue).

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