Moving with children during or after a divorce is complicated. Whether you’re pursuing a new job, seeking to be closer to family, or looking for a fresh start, the process may involve understanding child custody laws and, often, facing the courtroom.
For many parents in Colorado, figuring out how to win a relocation custody case can be very stressful, especially after the former couple has already dealt with a long divorce process where the marriage came to an end. However, you’re far from alone if you’re feeling uncertain about what the law requires or how to protect your relationship with your children during a move.
At Nexus Family Law, we know these situations bring a lot of stress and questions, and we’re here to help you find clarity. Let’s take a closer look at the basics of custody relocation.
What Is Child Relocation?
In family law, relocation refers to one parent moving a child far enough away that it could disrupt the other parent’s time, the current custody arrangement, and the parental responsibility. Moving to a different state, city, or even a different county can trigger the legal relocation process if it impacts parenting time. Additionally, this decision can affect the child’s routine, schooling, and relationship with the other parent, which is why it’s a legal issue that requires careful consideration.
In these situations, the court wants to ensure that both parents stay actively involved in the child’s life. So, if you’re planning to relocate, you’ll typically need to:
- Notify the other parent in writing
- Provide details about the move (where, when, why)
- Be ready to go to court if they object
What Counts as “Relocation” in Colorado?
In Colorado, the law takes custody relocation with children very seriously because it can significantly affect custody and visitation arrangements. When a parent wants to move with their child, they must meet certain legal requirements to gain approval from the court.
If you’re wondering how to win a relocation custody case, the key factor to consider is the child’s best interest. This is the key legal standard courts use, meaning the court’s primary focus is on how the move will impact the child’s well-being, stability, and ongoing relationships with both parents.
If the parents have joint custody or one has primary custody after the legal separation, the relocating parent is generally required to notify the other in writing well in advance of the planned move. This notice includes details about the new location and the reasons for the move.
If the other noncustodial parent doesn’t consent or if the move will affect the existing parenting plan, the relocating mother or father needs to file a motion with the court asking for permission to relocate.
The court will then review evidence and hear arguments to decide whether the move serves the child’s best interests. The court will seek to establish:
- The reasons for the move (e.g., job opportunities, family support)
- The impact on the child’s relationship with the non-relocating mother or father
- How the parents plan to modify visitation or custody arrangements
- The child’s age, needs, and preferences (depending on maturity)
- Stability and continuity in the child’s life, such as schooling and community ties
Meeting these legal standards requires careful preparation and often the guidance of experienced Colorado custody attorneys.
Tips on How To Win a Relocation Custody Case
Are you wondering how to win a relocation custody case? As discussed, the court’s focus is always on what’s best for the child, so your goal is to demonstrate how the relocation supports the kids’ well-being while maintaining a relationship with the other parent.
1. Focus on the Child’s Best Interest
The most important thing you’ll need to do is to make your case about the children, not you. You’ll need to frame your relocation as a decision that benefits your child’s physical, emotional, or educational needs.
In other words, show how the move enhances your kid’s quality of life, whether it’s better schools, more family support, or a safer environment.
2. Provide a Detailed Relocation Plan
Courts want to see that you’ve thought through the logistics of your relocation. Your revised parenting plan should address aspects like:
- Where you will live
- School enrollment
- Childcare or transportation options
- How your child’s routine will stay intact
3. Propose a Fair Parenting Schedule
Relocation affects visitation, so you’ll want to offer a realistic and fair plan for how the non-relocating parent will continue to get meaningful time with the child. This could include proposing extended visits, holidays, or video calls.
4. Maintain Open Communication and Cooperation
In any relocation case, it’s important to show that you’re willing to work with the other parent to minimize disruption for your child. Courts favor solutions that show cooperation and prioritize the child’s relationship with both parents.
5. Gather Supporting Evidence
To strengthen your case, get all the documentation you have. This can include job offers, school information, housing details, and even statements from family members or counselors supporting the move.
Working with an experienced family law attorney can help ensure that you present a strong case for your relocation proposal.
What To Expect in a Colorado Relocation Hearing
Most relocation cases don’t go straight to court. In Colorado, mediation is typically required first, and many families find resolution through this process. But if that doesn’t work, you’ll submit a formal request asking the court for permission to relocate. The other parent can then file a written objection.
At the hearing, both parents can present evidence and arguments to support their respective positions. This can include testimony from the parents, witnesses such as teachers or counselors, and sometimes a child and family investigator (CFI)—an investigator appointed by the court to represent the child’s best interests.
The judge will focus on how the move affects the child’s best interest—stability, emotional health, education, and relationships with both parents. Based on the situation, the judge may approve the move, deny it, or modify custody and visitation arrangements to accommodate the relocation. In some cases, the court can set conditions to ensure the child’s ongoing connection with the non-relocating parent.
The hearing timeline can vary, but expect several months from filing the motion to the final decision. During this period, you must maintain clear communication with your attorney and the other parent.
How Nexus Family Law Can Help
Moving after divorce is hard, but when you approach it with thoughtfulness and a clear plan, you improve your chances of a successful request to relocate with your child. At Nexus Family Law, our team combines legal knowledge with a human touch to help you:
- Understand your rights
- Build a strong case
- Navigate hearings with confidence
- Protect your connection with your child
Contact Nexus Family Law today for a consultation with an experienced attorney. We’ll review your situation, explain your options, and help you build the strongest possible case for your family’s future.