Colorado Springs Military Child Relocation Lawyer

Colorado Springs Military Child Relocation Attorney

Relocation is a complicated issue that affects both parents and the children in question in potentially life-altering ways. It is particularly stressful when one or both parents are active military service members who are being deployed to other states or even other countries. When this occurs, both parties need to know how relocation can affect the custody agreement in place. If you are an active or retired service member seeking answers about child relocation, contact a Colorado Springs military child relocation lawyer.

The Law Center P.C. can provide you with crucial legal guidance in the event of a relocation. Whether you need to relocate with your child or are attempting to prevent your ex-partner’s relocation, we can assist you. Our lawyers have a deep understanding of family and military law, enabling them to advise you on how military involvement may affect your case.

The Military and Child Relocation

When you are first fighting for child custody, an agreement will be reached by you and your ex-partner or the court. It will determine how each parent will contribute to their child’s welfare. When this agreement was drafted, you or your spouse may have included a provision for relocation. Relocation refers to the primary custodial parent moving away and taking the child with them.

If your original custody agreement does not have a relocation provision, the parents can go to court and modify the agreement to include such a provision. Relocation can also apply to military parents, who are often relocated due to deployment or out-of-state training specific to their designation. If a military parent is to be deployed for longer than 20 weeks, then the change of station is considered permanent when it comes to child custody.

Consulting a military divorce lawyer in Colorado Springs may be something you’ll want to consider, as they can help you understand your options in a military parent relocation situation.

Practical Considerations

While every child relocation case is different, there are factors that often arise in many child relocation cases. Here are some factors that are often taken into consideration when a court is deciding how to proceed with a child relocation case:

• Required relocation, as in military deployment, is taken into consideration more than a voluntary relocation, in which one parent wants to move away for their own reasons. It is harder for a parent to obtain permission to relocate just because they want to move.
• The presence of extended family could matter. A parent seeking to move away from their family will have a harder time having relocation approved than a parent seeking to move in an attempt to be closer to more family.
• The parent who has more parenting time could block the other parent’s relocation attempt. If one parent shares equal parenting efforts, they will have a much easier time fighting relocation than a parent who only sees their child on a limited basis.
• A change in schools does not often affect consideration. Courts consider most American schools to be adequate in educating most children. Unless the school the child could potentially transfer to is an advanced or private school to benefit the child’s mental growth, the school will not be a considered factor.
• If the child is old enough to decide for themselves, the child’s decision about relocation will be considered. The child must be considered mature enough to make decisions regarding their own future and well-being. In some cases, this can be the single most important deciding factor.
• Courts will often refuse to separate siblings. It is often against the child’s interest to cause harm to any relationships they may have with their siblings. Courts are more inclined to side with the parent who is trying to keep the family together as much as possible.

FAQs

Q: Does Being in the Military Affect Custody?

A: No, being in the military does not automatically affect custody. However, certain aspects of military involvement, such as deployment, can affect custody, depending on the situation. If there will be significant changes to the military parent’s parenting time or the frequency at which they will be able to see their child, it needs to be addressed with the court and factored into any custody agreement that may already exist. It may need to be modified.

Q: What Is the Child Custody and Visitation Relocation Law in Colorado?

A: The child custody and visitation relocation law in Colorado heavily favors whichever parent is acting in the interests of the child. The court has to make the child’s welfare its top priority when deciding on child custody agreements and relocations. All relevant scenarios are considered, such as why the parent wants to relocate, why the other parent is opposed, the impact that the move will have on the child in Colorado Springs and any educational opportunities at play.

Q: How Do You Win a Custody Battle in Colorado?

A: The most reasonable way to win a custody battle in Colorado is to show the court that you are an active and involved co-parent who is willing to compromise when it comes to whatever is right for your child. Keep the other parent informed on your parenting decisions, be a positive communicator, foster a positive relationship between your child and your ex-partner, and be as flexible as you possibly can. All of these factors will help your case for custody.

Q: What Age Can a Child Choose Which Parent to Live with in Colorado?

A: Colorado law does not specify any age in which a child can choose which parent to live. Every case is different, and the judge considers factors unique to every case. The older a child gets, the more mature their decision-making skills are considered to be by the court. A teenager may be able to make their own informed decision when choosing which parent they wish to live with, but younger children will likely not be able to make that choice.

Talk to a Military Child Relocation Lawyer Today

Custody battles are not easy, and they can become painful and personal. It is important to keep in mind what is at stake in these battles: your child’s welfare.

The Law Center P.C. can aid you in making sense of the state’s child custody laws and help you determine your own next steps for fighting or pursuing relocation. Contact us to schedule a consultation as soon as you can.