Relocation: an Issue in Need of Clarification in Colorado
| Publication year | 1991 |
| Pages | 2517 |
| Citation | Vol. 12 No. 1991 Pg. 2517 |
1991, December, Pg. 2517. Relocation: An Issue in Need of Clarification in Colorado
T term "relocation" is used to describe a custodial parent moving out of state with a minor child or children. Many custodial parents are being forced to relocate to become gainfully employed. Relocation also is considered by parents wishing to start over or be close to family and friends. Historically, in Colorado, if the custody decree or separation agreement has failed to address the issue, parents have been freely permitted to relocate without court intervention. Otherwise, the amorphous "best interests of the child" standard has been used to resolve disputes. Colorado case law on this subject has remained constant since the 1950s.
The issue of relocation often is an emotional one. A noncustodial parent who has worked hard to develop a special relationship with his or her child may be devastated by the relocation of the custodial parent and child. Conversely, it is reasonable to wonder why a custodial parent who seeks relocation in good faith and for legitimate reasons should be prevented from relocating due to fear of a change in the custody orders.
This article discusses Colorado law as it pertains to relocation. It also highlights possible trends in other jurisdictions that may provide guidance to Colorado courts and practitioners alike.
In CRS § 14-10-124(1), the Colorado General Assembly declared that
The concept of relocation seems to contradict the intent of the underlying principle of frequent contactit is in the best interests of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage.
Colorado law mandates that custody arrangements, including location of the child, be determined in accordance with the "best interests of the child." Permission to remove a child from the state is freely given where it will serve the best interests, well-being and future interests of the child.(fn1) The burden of proof rests with the party seeking to change the status quo.(fn2)
Relocation disputes are difficult enough to resolve in sole custody cases when the primary custodian wishes to relocate with the minor child. Even more difficult are the increasing number of joint custody orders affected by relocation. Joint custody provides that all major decisions regarding health, education and general welfare of the child be made jointly.(fn3) The joint custody statute does not mandate determination of the location of the parties or the minor children. The statute provides that the parties
The parties may submit a plan resolving the issue of the parties' location, but they are not required to do so. Reconciliation of the relocation issue with the legislative intent concerning joint custody is necessarymay submit a plan or plans for the court's approval... and resolve, where applicable, the parties' arrangements for... (a) the location of both parties, the periods of time during which each party will have physical custody of the child, and the legal residence of the child... .(fn4)
It also is difficult to reconcile the relocation issue and comply with Colorado's statutory provisions. The provisions allow for reasonable visitation rights unless findings are made that visitation by the noncustodial parent would endanger the child's physical health or significantly impair the child's emotional development.(fn5) Obviously, the child's relocation will affect visitation rights and associated costs. Whether a child may be removed from the state rests in the trial court's discretion and...
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