After a final Colorado parenting order, the parent with the child most of the time cannot simply move if it substantially changes the child’s ties to the other parent. The parent must give written notice, and if the other parent objects, the court decides whether a modified schedule serves the child’s best interests.
These rules apply to moves after a final order. If no final order exists yet, a proposed move is weighed as part of the initial case instead.
When Colorado’s Relocation Rules Apply
Relocation rules are part of Colorado child custody modification law. They apply when the parent with the child a majority of the time intends a move that substantially changes the child’s geographical ties to the other parent.1
If your case is still pending, a proposed move is decided as part of the initial allocation of parental responsibilities under the best-interests standard.2 Relocating with children before a final order follows that path, and short trips with a return date are travel, not relocation.
The Written Notice Requirement
The parent who intends to relocate must give the other parent written notice as soon as practicable. The notice must state the intent to relocate, where the parent intends to live, the reason for the move, and a proposed revised parenting time plan.3
Give notice early and keep proof of delivery. A move made without notice can damage your position with the court.
What the Court Considers
If the move is contested, the court weighs the general best-interests factors and relocation-specific factors.4 They include:
- The reasons for the move and the reasons for the objection.
- The history and quality of each parent’s relationship with the child since the last parenting order.
- Educational opportunities and extended family at the current and proposed locations.
- Any advantages of the child remaining with the primary caregiver and the anticipated impact of the move.
- Whether a reasonable parenting time schedule is possible if the move is allowed.
- Any domestic violence, whether it occurred before or after the prior order.
Hearings on relocation-related modifications are given priority on the court’s docket.5
Relocation cases move quickly and turn on preparation. Johnson Law Group offers a no-pressure consultation to plan your notice or your response, so schedule a consultation before a move is set.
Building a Workable Long-Distance Plan
A proposed plan should show how the other parent’s relationship with the child will continue. Longer blocks of parenting time, a transportation plan, and virtual visitation are common parts of long-distance plans.
Relocation often overlaps with a broader change to the order, and modifying custody orders in Colorado sets out the general standards.
Talk With a Colorado Child Custody Attorney
Whether you are moving or responding to a move, early preparation shapes what the court sees. Johnson Law Group is here to help.
The attorneys at Johnson Law Group represent both relocating and non-relocating parents and will give you a clear read on your options. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.
Sources
[2] C.R.S. § 14-10-124(1.5) – Allocation of parental responsibilities by the child’s best interests | https://colorado.public.law/statutes/crs_14-10-124
[3] C.R.S. § 14-10-129(1)(a)(II) – Written notice of intent to relocate: location, reason, and proposed revised parenting time plan | https://colorado.public.law/statutes/crs_14-10-129
[4] C.R.S. § 14-10-129(2)(c) – Relocation factors considered with the best-interests factors, including domestic violence | https://colorado.public.law/statutes/crs_14-10-129
[5] C.R.S. § 14-10-129(2)(c) – Hearing on a relocation-related modification given priority on the court’s docket | https://colorado.public.law/statutes/crs_14-10-129