Relocation and move-away cases
A move changes everything for a childPrepare like it matters, because it does.
When a parent wants to relocate in a way that substantially changes the other parent’s time with a child, Colorado law requires notice and, if the parents cannot agree, a court decision based on the child’s best interests and specific relocation factors. A better job or a support network does not automatically decide the case.
Whether you want to move or want your child to stay, we help you build the evidence: the reasons for and against the move, the proposed long-distance schedule, school and community ties, and the child’s relationship with each parent. Related: custody modification, Can I Leave With My Children?, and child custody.
What Is a Child Custody Relocation Case in Colorado?
Colorado generally uses the terms parenting time and allocation of parental responsibilities rather than custody. A relocation case arises when a parent proposes moving with a child in a way that substantially changes the geographical ties between the child and the other parent.
When an existing parenting plan is already in place, a proposed move may require a modification of parenting time. The relocating parent generally must provide written notice as soon as practicable of the intent to relocate, the proposed new location, the reason for the move, and a proposed revised parenting-time plan.
The court then evaluates the requested change under Colorado’s parenting-time modification and relocation standards.
Pre-Decree vs. Post-Decree Relocation
Relocation issues can arise at different stages of a family-law case.
A move proposed before the court has entered final parenting orders may be evaluated differently from a post-decree relocation request made after a parenting plan already exists. That distinction matters because an existing order creates established parenting rights, schedules, and expectations that may need to be modified if the move is allowed.
Parents should identify whether the issue is part of an initial allocation of parental responsibilities case or a later modification request before assuming the same legal standard applies.
What Notice Is Required Before Moving?
When a parent with whom the child resides a majority of the time intends to relocate in a way that substantially changes the geographical ties between the child and the other parent, Colorado law requires written notice as soon as practicable.
The notice should identify:
- The intent to relocate
- The proposed new residence or location
- The reason for the relocation
- A proposed revised parenting-time plan
Parents should not treat notice as a technical formality. The proposed schedule can become an important part of the court’s analysis because the judge will consider whether a reasonable parenting arrangement can be created if the move is allowed.
Factors Colorado Courts Consider in Relocation Cases
Colorado courts consider the child’s best interests along with additional relocation-specific factors.
Those factors may include the following.
The Reasons for the Proposed Move
The court may consider why the relocating parent wants to move. Common reasons include employment, education, remarriage, housing, family support, military obligations, or financial considerations.
The reason for the move is only one part of the analysis. The court also considers how the move affects the child and the other parent’s relationship with the child.
The Reasons the Other Parent Objects
The nonmoving parent’s reasons for opposing the relocation are also relevant. The court may consider concerns about loss of frequent contact, travel burdens, school changes, extended family, continuity, and the practical ability to maintain a meaningful parent-child relationship.
The Child’s Relationship With Each Parent
The court may consider the history and quality of each parent’s relationship with the child and each parent’s past involvement in the child’s life.
A relocation that substantially reduces one parent’s regular involvement may require a careful analysis of how that relationship can be preserved.
Educational Opportunities
The court may compare educational opportunities at the child’s current location and the proposed new location.
School quality alone does not decide a relocation case, but educational stability and opportunity can be part of the broader best-interest analysis.
Extended Family and Support Systems
The presence or absence of extended family and other support at both locations may matter. Family support can affect childcare, stability, emotional support, and the child’s relationships with important people in their life.
The Impact of the Move on the Child
The court may evaluate how relocation could affect the child emotionally, socially, academically, and practically.
A move may involve a new school, new community, new travel schedule, fewer frequent exchanges, and changes in relationships with friends and family.
Whether a Reasonable Parenting Plan Can Be Created
A central question is whether the court can create a reasonable parenting-time schedule if the relocation is permitted.
Long-distance parenting plans may involve school breaks, holidays, summer parenting time, travel arrangements, virtual communication, and allocation of transportation responsibilities.
Does Colorado Favor the Parent Who Wants to Move?
Relocation cases do not turn on a simple rule that automatically favors the relocating parent or the parent who wants the child to stay.
The court must evaluate the relevant statutory factors and the child’s best interests based on the facts of the specific case.
Parents should avoid assuming that a better job, a new spouse, family support, or the child’s current residence alone guarantees the outcome.
What if the Other Parent Does Not Agree to the Move?
If the other parent objects, the issue may need to be decided by the court.
The relocating parent may need to request a modification of parenting time and present evidence supporting the move and the proposed revised schedule.
The objecting parent can present evidence about the effect of the move, the current parent-child relationship, travel burdens, school stability, the proposed schedule, and other best-interest factors.
Contested relocation cases often require detailed preparation because the court is balancing multiple competing interests at the same time.
Can a Parent Move Without Court Approval?
A parent can generally move personally, but moving a child in a way that conflicts with an existing parenting order can create significant legal problems.
Parents should not assume that giving notice automatically authorizes the move or that they can relocate first and resolve parenting time afterward.
If the proposed move would substantially affect the existing parenting plan, legal review before the move is especially important.
What if the Parent Moves First and Asks Later?
Moving the child before resolving the legal issue can create serious complications.
The court may examine whether the move violated an existing order, whether proper notice was given, how the move affected the other parent’s rights, and what arrangement now serves the child’s best interests.
Parents considering relocation should obtain legal advice before making irreversible decisions involving housing, school enrollment, or moving the child out of the area.
Who Pays for Travel After Relocation?
Travel expenses can become an important issue when relocation increases the cost of exercising parenting time.
The allocation of airfare, driving, lodging, and other transportation expenses depends on the facts, the court’s orders, and the overall parenting arrangement.
Parents should include realistic travel planning in any proposed long-distance parenting schedule.
Relocation and Decision-Making Responsibility
A relocation request may also affect decision-making issues, especially when distance creates practical challenges involving school, medical care, or other major decisions.
A move does not automatically change decision-making responsibility. If a parent is also asking to modify decision-making, additional legal standards may apply.
That is why relocation and decision-making requests should be analyzed separately even when they are part of the same case.
Relocation and Child Support
A move can affect travel expenses, parenting-time schedules, childcare costs, and other financial issues.
Depending on the circumstances, changes in parenting time or expenses may also lead to a separate child-support review.
Military Relocation and PCS Orders
Military families can face unique relocation issues when a parent receives Permanent Change of Station orders or another mandatory reassignment.
Military orders can be an important reason for relocation, but the court still evaluates the child’s best interests and the effect on parenting time.
Military families may also need to coordinate relocation planning with deployment, temporary duty, family-care plans, and federal or state protections that apply to service members.
Relocation for Employment or Economic Opportunity
A parent may want to relocate for a better job, lower cost of living, housing opportunity, or career advancement.
Economic benefits can be relevant, but the court considers the entire effect of the move on the child rather than only the parent’s financial opportunity.
A persuasive relocation plan should address how the move benefits the child and how the other parent’s relationship will be preserved.
Relocation to Be Near Family Support
Moving closer to grandparents or extended family can provide childcare, emotional support, housing assistance, and other stability.
The court may consider those benefits alongside the child’s existing relationships and support system at the current location.
How to Prepare for a Colorado Relocation Case
Relocation cases often involve extensive evidence and practical planning.
Helpful information may include:
- The current parenting plan
- A detailed proposed parenting schedule
- Housing information
- Employment records or offer letters
- Travel options and costs
- Extended family information
- Childcare arrangements
- Medical or educational needs
- Communications between the parents
- Evidence of each parent’s historical involvement
The strongest presentation usually explains both why the move is being proposed and how the child’s relationship with the other parent can remain meaningful.
Opposing a Proposed Relocation
A parent opposing relocation should do more than simply say they do not want the child to move.
The court will want to understand the specific impact on the child, the current parenting relationship, school and community ties, travel realities, extended family, and whether the proposed long-distance schedule is realistic.
Organized evidence can help show why remaining in the current location may better serve the child’s best interests.
Relocation vs. Child Custody Modification
Relocation frequently requires a parenting-time modification, but the two issues are not identical.
A general modification case may involve work schedules, school changes, safety concerns, or other developments that do not involve a geographical move.
A relocation case adds specific statutory considerations related to the proposed move and its effect on the child’s relationship with the other parent.
Emergency Relocation Situations
Some families face urgent situations involving domestic violence, threats, unsafe housing, or immediate safety concerns.
Emergency circumstances may require a different legal approach from an ordinary relocation request.
Parents facing immediate danger should prioritize safety and seek appropriate emergency and legal assistance. A standard relocation case should not be used as a substitute for emergency protective procedures when there is an immediate threat.
Related Colorado Family Law Resources
- Family Law Attorney Colorado
- Child Custody Attorney Colorado
- Child Custody Modification Attorney Colorado
- Parenting Time Enforcement Attorney Colorado
- Child Custody Attorney Denver
- Emergency Custody in Colorado
Can I Leave With My Children in Colorado?
FAQ
Common questionsStraight answers about your situation.
Do I need permission to move with my child in Colorado?
If an existing parenting order is in place and the move would substantially change the geographical ties between the child and the other parent, the move may require notice and a parenting-time modification. Parents should obtain legal advice before relocating the child.
How much notice do I have to give the other parent?
Colorado law requires written notice as soon as practicable in qualifying post-decree relocation situations. The notice should include the intended new location, the reason for the move, and a proposed revised parenting-time plan.
Can the other parent stop me from moving?
The other parent may object to relocating the child. If the parents cannot agree, the court may decide whether the requested parenting-time modification serves the child’s best interests under the applicable relocation factors.
Does a better job guarantee that I can relocate?
No. Employment opportunity can be relevant, but the court considers many factors, including the impact on the child and the relationship with the other parent.
What if I am in the military and receive PCS orders?
Military orders can create a compelling need to move, but the parenting plan may still need to be addressed. The court will evaluate the child’s best interests and the practical effect on parenting time.
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This page provides general information about Colorado law, not legal advice for your situation. Every case is different, and past experience does not guarantee a particular outcome.