In today’s mobile society, it is foreseeable that one or both parents might want to move after their divorce is final. Once there is a Parenting Plan in place, however, relocating with a child is not as simple as accepting a new job or deciding to move closer to family. In Colorado, a parent who wishes to relocate with a child in a way that substantially changes the other parent’s parenting time must get approval from the other parent or a Court Order allowing them to move with their child.
If you are considering a move—or have just learned that your co-parent intends to relocate—here is what you need to know.
1. Relocation Is a Distinct Legal Issue Under Colorado Law
In Colorado, C.R.S. § 14-10-129 outlines the process for requesting permission to relocate with a child. Once a Parenting Plan allocating parental responsibilities is in place, a parent cannot simply move the child in a way that significantly changes the other parent’s parenting time without either:
- The written agreement of the other parent, or
- A court order permitting the relocation.
If there is no agreement, the relocating parent must provide formal written notice of the intended move.
2. The Notice Requirement
Colorado law requires a parent who wants to relocate with the child to provide written notice as soon as possible. The notice must include:
- The intended new address
- The reasons for the move
- A proposed revised parenting time schedule
If the other parent agrees to the move, the parents can sign the new parenting time schedule and file it with the court for approval.
If the other parent objects to the move, the parent wishing to move must file a Motion to Modify Parenting Time with the court. If an objection is filed, the court will hold a hearing and determine whether the move is in the child’s best interests.
3. The Court’s Standard: Best Interests of the Child
Relocation cases are not decided based on what is best for the moving parent. The controlling standard is the best interests of the child.
When weighing a decision about a move, the court must balance the following:
- The child’s best interests;
- The constitutional rights of both parents; and
- The practical realities of maintaining meaningful parent-child relationships with both parents.
4. Key Relocation Factors Courts Consider
When considering a relocation, the court must consider the best interest factors outlined in C.R.S. § 14-10-124. In addition, the court must consider additional relocation factors located in C.R.S. § 14-10-129(2)(c). The relocation factors include:
- Domestic Violence
Has either party engaged in domestic violence or have a history of domestic violence?
- The Reasons for the Move
Is the move motivated by legitimate reasons—such as employment, remarriage, family support, or educational opportunity? Or is it primarily intended to interfere with the other parent’s relationship with the child?
- The Reasons for the Objection
Is the non-moving parent objecting in good faith to preserve their relationship with the child?
- The History and Quality of Each Parent’s Relationship with the Child
Courts examine the level of involvement of each parent before the proposed move.
- Educational Opportunities
Will the move improve or diminish the child’s educational prospects?
- Extended Family and Community Ties
Will the child gain meaningful support from extended family, or lose significant connections?
- Advantages of the Child Remaining with the Primary Caregiver
If the child has lived primarily with one parent, the court must weigh the advantage of continuing to reside primarily with that parent, versus changing parenting time so that the other parent becomes the primary parent.
- The Impact on Parenting Time
Can a realistic, meaningful parenting schedule be crafted after the move? Courts closely evaluate whether the non-moving parent can maintain a substantial relationship with the child.
5. Relocation Is Not the Same as a Simple Modification
Relocation cases are distinct from ordinary parenting time modifications. The burden is not automatically on one parent to “prove” the move should or should not occur. Instead, the court conducts a holistic best-interests analysis.
However, if the relocation would effectively change primary residential custody, the court must carefully weigh how the move alters the existing balance of parenting time and decision-making.
6. Practical Considerations Before Filing
Relocation litigation can be complex, emotionally charged, and expensive. Before initiating the process, consider:
- Whether mediation could resolve the issue
- Whether creative scheduling (extended summers, school breaks, virtual contact) could preserve meaningful parenting time
- The realistic financial and logistical costs of long-distance parenting
Courts strongly favor maintaining strong relationships with both parents, and a well-developed post-move parenting schedule can significantly impact the outcome.
7. Timing Matters
Do not sign a lease, enroll a child in a new school, or accept a nonrefundable job relocation package without understanding the legal risks. Moving without proper authorization can seriously damage your credibility and position in court.
Similarly, if you receive notice that the other parent intends to relocate, deadlines for objecting may apply. Prompt legal advice is critical.
Final Thoughts
Relocation cases require courts to weigh two fundamental principles: a parent’s right to move forward with their life, and a child’s right to maintain meaningful relationships with both parents. Colorado law does not automatically favor the relocating or non-relocating parent. The outcome depends on careful presentation of evidence and a child-centered analysis.
If you are considering a relocation—or responding to one—consult with an experienced Colorado family law attorney to evaluate your options and protect your parental rights.
This article is for informational purposes only and does not constitute legal advice. Every case is fact-specific and should be evaluated individually.
