Parker, CO asked in Child Custody for Colorado

Q: Mother (Exwife) wants to relocate out of state with child. How often do dads win primary custody in relocation battles

Mother has remarried, has two more children with step-father. We share 50/50 custody of our 8 YO son. Mother and new family want to move out of state. I have a pretty serious lady in my life, but not remarried. Ex and I have a good working relationship and son is doing great in all aspects. 5 years ago Ex relocated to Denver with son and a year later I was able to follow and establish 50/50. Now she is going to relocate again and then relocate a third time a year after that to follow new husband and his career. I could work with her to keep 50/50 in new locations, but it would take heavy sacrifices on my part (career and relationship with girlfriend). If I choose to battle it out in court, what are a father's odds of winning majority parenting time? Do the "Tender Years Doctrine" still reign supreme, or do I stand an even chance? How do I show it's better for him to be with his single dad than whole new family? Not looking for definitives, just some track history. Thx

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1 Lawyer Answer
Sabra M. Janko
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Answered
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: Each case is different. It is not about gender but what is in the child's best interests.

"How do I show it's better for him to be with his single dad than whole new family?" That is a question that you have to ask yourself to determine what is in the child's best interests.

A child and family investigator may be helpful in this kind of case to make a neutral recommendation to the Court after talking with all parties.

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