Modifying Parenting Time

I want to discuss with you motions to modify parenting time. One of the biggest issues in motions to modify parenting time occur when a parent, who is the primary parent, wishes to relocate with the children to another state. In the law, that kind of relocation is called removal and it takes the permission of a judge or the other parent in writing and a court order in order for relocation to occur. Now, in those situations what is required is that the parent who wishes to move away with the children has to file a motion with the court making the request for relocation and stating the reasonable grounds for the relocation.

In Colorado, the court cannot require a parent to live in Colorado or anywhere. It is the children that are under the control and jurisdiction, what they call continuing jurisdiction of the court. If a parent wishes to relocate because that parent got a great job in Chicago and wants to move out of Colorado with the children, that parent is going to need to establish what is the criteria for that relocation that would serve the best interest of the children. Things like family members being in Chicago, increased financial access, schools, education, health care, all those kinds of things are a factor. Of course, the other parent can make an argument that the relocation is not in the best interest of a child.

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