Moving With Your Child After a Colorado Custody Order: Relocation Rules Explained

Once a Colorado court has entered a final parenting order, the rules connecting Colorado relocation and parenting time mean that moving with your child is not automatic. If the child lives with you a majority of the time and your move would substantially change the geographical ties between the child and the other parent, Colorado law requires written notice and, if the other parent objects, court approval before the move affects the parenting time arrangement.

This article covers when relocation rules apply, what notice looks like, the factors a court weighs, and what both the relocating and objecting parent should expect.

When Relocation Rules Apply

Relocation rules apply after a final order is in place and the parent seeking to move has the child a majority of the time, and the move substantially changes the geographical ties between the child and the other parent. ^[1] A move that does not meaningfully affect the current parenting time arrangement, like relocating to a nearby neighborhood, typically does not trigger the same process.

If your case is still pending and no final order exists yet, a proposed move is weighed differently, as part of the initial best-interests analysis in your Colorado child custody case rather than as a relocation-specific modification.

Notice Requirements

The parent who intends to relocate must give the other parent written notice as soon as practicable, including the intended new location, the reason for the move, and a proposed revised parenting time plan. ^[2]

Colorado law does not set a fixed number of days for this notice, unlike some other states. “As soon as practicable” means giving the other parent real time to respond, not springing the move at the last minute. A court hearing on a relocation-related modification is also given priority on the court’s docket, reflecting how time-sensitive these disputes tend to be.

Relocation Best-Interests Factors

Colorado law directs courts to weigh a specific set of relocation factors in addition to the general best-interests factors that apply to every parenting time case. ^[3] These include, among others:

• Whether either parent has committed an act of domestic violence, engaged in a pattern of domestic violence, or has a history of domestic violence, whether it occurred before or after the prior order
• The reasons for the proposed relocation
• The reasons the other parent objects to the move
• The history and quality of each parent’s relationship with the child since the last parenting time order
• The educational opportunities at the current and proposed locations
• The presence or absence of extended family at each location
• Any advantages to the child of remaining with the primary caregiver
• The anticipated impact of the move on the child
• Whether the court can put together a reasonable parenting time schedule if the move happens

Courts also draw on the general best-interests factors that apply to every parenting time decision, including each parent’s past involvement and the child’s adjustment to home, school, and community. ^[4]

The Relocating Parent’s Case

A parent seeking to relocate strengthens their case with specifics: a documented reason for the move, such as a job offer or family support, a concrete new address and school plan, and a realistic proposed parenting time schedule that preserves meaningful time with the other parent.

Colorado does not presume in favor of or against relocation. Vague reasons for moving, or a revised schedule that leaves the other parent with little practical parenting time, tend to weaken an otherwise reasonable request.

The Objecting Parent’s Case

A parent opposing a relocation should focus on the same factors the court will weigh: what the move disrupts in the child’s relationships, schooling, and community ties, and why the proposed revised schedule does not adequately preserve the existing relationship.

It helps to distinguish this standard from the higher endangerment bar that applies in other modification contexts. Relocation cases generally use the more lenient best-interests standard described above, not the endangerment standard that governs changes tied to a child’s safety.

Practical Steps Either Way

• Put the notice, or your objection to one, in writing and keep a copy
• Gather documentation that supports your position on the relevant factors, not just your preference
• Propose a specific, workable revised parenting time schedule rather than leaving it open-ended

Relocation disputes often overlap with a broader modification request, since a revised schedule is itself a change to the existing order. 

Frequently Asked Questions

Can I move out of state with my child in Colorado?

You can, but if you have a final order and the child resides with you a majority of the time, you generally need to give the other parent written notice first and, if they object, get the court’s approval before the move changes the parenting time arrangement.

Do I need court permission to relocate with a child in Colorado?

If the other parent agrees to the move, you may not need a court hearing. If they object, you need the court to approve the relocation as a modification of parenting time before you move the child.

What factors does a Colorado court consider for relocation?

Courts weigh any history of domestic violence, the reasons for the move, the reasons the other parent objects, the history and quality of each parent’s relationship with the child, educational opportunities at both locations, the presence of extended family, the impact of the move on the child, and whether a workable new parenting time schedule is possible, among other relevant factors.

How much notice is required to relocate with a child?

Colorado law requires written notice as soon as practicable, rather than a fixed number of days. The notice must include your intended new location, the reason for the move, and a proposed revised parenting time plan.

How Johnson Law Group Can Help

Relocation cases move quickly once notice is given, and both the relocating and objecting parent benefit from getting a clear read on the standard before they respond. Waiting too long to act on either side of a relocation notice can narrow your options.

The attorneys on our team at Johnson Law Group represent both relocating and objecting parents across Colorado. Speak with an attorney before giving or responding to a relocation notice, through a no-pressure consultation at one of our office locations across Colorado or virtually.

This article is for general information only and is not legal advice. Family law outcomes depend on the specific facts of your case. Consult a licensed Colorado attorney about your situation.

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