Moving is never an easy task. And moving post-separation, across state lines, with children adds a whole new level of complexities. You may be reading this feeling completely overwhelmed, but we have a few steps listed below in order to help in your new adventure.
- Inform Relevant Parties & Agencies
Either before or upon moving it is important to inform relevant parties or agencies of your new location and/or employment, especially if you are moving with minor children. Transparency of locations is important within the realm of child support, spousal support, and child visitation plans. Therefore, unless there is a court order instructing you do not disclose, make sure you share this information with any relevant persons or agencies.
- Establish Residency & Jurisdiction
Each state has different requirements in order to establish residency. Therefore, make sure you visit your new state’s residency website and take note of what you will need to do, and within what timespan, to establish your residency. Colorado’s residency requirements may be found at https://colorado.gov/pacific/dmv/new-colorado-0.
Moreover, it is important to establish that your new state has jurisdiction in your domestic matters, especially when dealing with child support or parenting plans.
If you fail to establish that the courts in your new state have jurisdiction, your former state will continue to have jurisdiction over your domestic matters. This may require you to travel back to your former state whenever you attempt to modify or terminate your domestic Orders. This will not only be time-consuming but also costly, and moving is already expensive. Obtaining a local attorney will be imperative since they will know what is required in order for your new state to establish jurisdiction over your domestic matters.
- Lawyer Up
Even if you have been through the judicial process before, it is important to retain an attorney within your new state. Domestic relation laws are not all uniform across state lines. Moreover, judicial vocabulary differs from one state to another. For example, California uses the term “family law” in dealing with the legal realm of divorces and child matters. However, in Colorado, this practice is referred to as “Domestic Relations.” Additionally, as stated above, local attorneys will know the requirements needed to establish jurisdiction. However, there are many other areas a local attorney will be beneficial, if not necessary, for your domestic matters.
Therefore, it is important to lawyer up with a competent, local attorney. If you need help in your domestic matters, please contact the Domestic Relations team at Feldmann Nagel Cantafio, PLLC, for a free consultation.
- Modify Orders
With a new home, work schedule, and school it is important to make sure you modify any relevant, existing Orders to match these new, continuous changes in circumstances. With your local attorney you can formulate a new parental decision-making plan, visitation schedule, and child support plan. It is important to keep in mind that the location and the age of your children will matter in the creation of a new plan. Moreover, it will be relevant to include a provision dealing with a division of costs associated with the travel of your children to see Mom or Dad in your former state.
Handling domestic matters while settling into a new state is complicated. Therefore, it is important to discuss your circumstances with a competent domestic relations attorney. If you have recently moved to Colorado and need assistance with updating your domestic matters, please contact our Domestic Relations team today. We are here to help you feel confident in your new home state.
Please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results. While this post may detail general legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.