Denver Military Child Relocation Lawyer

Denver Military Child Relocation Attorney

When going through a child custody battle, particularly when one or both parents are in the military, the question of relocation often comes into play. When military parents are actively facing deployment to another state or even another country, they need to know how it affects the custody agreement that has been put in place. If you are an active or retired service member seeking answers about child relocation, contact a Denver military child relocation lawyer.

At The Law Center P.C., our attorneys understand the complexities of family and military law. We understand the importance of Military child custody in Denver and can provide crucial legal guidance in the event of a relocation.

Child Relocation and the Military

During the initial custody battle, an agreement will be put into place by a court. Both parents will need to abide by the order to secure the well-being of the child in question. At that point, you may have included a provision for relocation, in which the parent who has primary custody of the child moves said child out of state. If your initial agreement does not have a provision for relocation, both parents can go to court and modify the order.

If a military parent is going to be relocated for longer than 20 weeks, it is considered to be a permanent change of station. This can be difficult when it comes to child custody, and it may be wise to contact a Denver Military divorce lawyer who can help you understand your options.

Every case is different, but here are some possible scenarios that could arise when it comes to a child relocation case:

• Military Parent With Full Custody: In this case, if only one of the parents is in the military and has full custody, the original custody agreement needs to be reevaluated to see if adjustments can be made for relocation.
• Military Parent With Visitation Rights: In this case, other accommodations can be made to change the initial agreement, but not to the greatest extent.
• Both Military Parents With Joint Custody: If both parents are in the military and are sharing custody of their child, the initial agreement absolutely needs to be revisited to accommodate relocation.
• Non-Military Parent With Full Custody: If the non-military parent has full custody, but the other parent is in the military, the parent with custody does not need to change anything about the initial agreement. Relocation is not a factor.

These are some of the more common situations that could arise in a child relocation case, but there are countless others. No two co-parenting situations are the same. Relocating a child is difficult. If you are a single military parent who is deployed elsewhere but has sole custody of your child in Denver, CO, you will have difficult decisions to make.

The Uniform Deployed Parents Custody and Visitation Act

In 2013, Colorado adopted the Uniform Deployed Parents Custody & Visitation Act (UDPCVA) in an effort to protect and defend the parental rights of military parents who are deployed. The act stipulates that a deployment will not change the military parent’s residence when it comes to child custody.

If deployed, the military parent must advise the other parent of said deployment within 12 days of their initial notification. Then, both parents must propose separate parenting plans, work out a singular parenting plan, and tell the court as soon as possible so it can be issued as an order. This act preserves military parents’ parental rights during deployment.

FAQs for Child Relocation Attorneys

Q: What Happens to Kids if Both Parents Are in the Military?

A: If both parents are in the military and are deployed at the same time, both parents should have a plan in place for such an occurrence. This does happen, and military parents need to prepare for it as well as they can. Your plan should state where the child should live during both parents’ deployments, such as with a grandparent, an aunt, or an uncle. You can consider giving joint custody to that person during the deployments.

Q: What Is the Uniform Deployed Parents Custody and Visitation Act in Colorado?

A: The Uniform Deployed Parents Custody and Visitation Act is a Colorado statute that was adopted by the state in 2013 in an effort to secure the parental rights of deployed military parents. It allows for a deployed military parent to keep their residence on file for the purpose of maintaining child custody for the duration of their deployment. It encourages parenting plans and cooperation between parents sharing custody of a child.

Q: Can a Mother Move a Child Out of State Without the Father’s Permission in Colorado?

A: Yes, in Colorado, a mother can move a child out of state without the father’s permission, but only if she has primary custody. The same goes for the father if they are the one with primary custody. However, before moving out of state, the parent with primary custody must notify the other parent in writing that they intend to move. Both parents should submit a revised parenting plan to the court. If both parents cannot decide, a judge will decide it for them.

Q: How Far Can I Move With Joint Custody in Colorado?

A: Legally speaking, you can move as far as you wish with joint custody in Colorado, but a Colorado court will have to approve it if it impacts your child’s welfare and the other parent’s visitation rights. If the move is contested by one of the parents, the court will have the final say on whether or not the parent who wishes to move can follow through with the move. The priority is whatever is right for the child’s welfare.

Consult With a Military Child Relocation Lawyer Today

Custody battles can be aggressive and contentious, but they are necessary for the welfare of the child for whom both parents want to be present. Relocating said child can be necessary in certain situations, such as when one or both parents are deployed. The Law Center P.C. can help you make sense of Colorado’s child relocation and custody laws, as well as help you build your case. Contact us to schedule a consultation as soon as you can.