Few things create more tension in a co-parenting relationship than one parent announcing plans to move out of state. Whether the move is driven by a new job, a relationship, or family obligations, it can turn an already delicate custody arrangement on its head.
If you’re facing this situation on either side of it, here’s what you need to know about how Colorado handles custody when relocation is on the table.
Colorado Law Requires Notice Before a Parent Relocates
Under Colorado Revised Statutes § 14-10-129, a parent who wants to move with a child must provide notice to the other parent. The statute applies when the proposed move would substantially change the geographic ties between the child and the other parent or significantly affect the existing parenting time arrangement.
That notice needs to include details about the proposed new location, the reasons for the move, and a proposed revised parenting plan.
If the other parent objects, the case goes to court.
The Court Looks at What Serves the Child’s Best Interests
This is the standard that drives virtually every child custody decision in Colorado, and relocation cases are no different. When a parent objects to the move, the court weighs a range of factors, including:
- The reasons the parent wants to relocate
- The reasons the other parent objects
- The history and quality of the relationship between the child and both parents
- The educational opportunities available in the new location compared to the current one
- Whether the move would allow a realistic parenting time schedule for the non-relocating parent
- The presence or absence of extended family at the existing location and at the proposed new location
- The anticipated impact of the move on the child
There is no automatic presumption in favor of either parent. The parent seeking to relocate carries the burden of showing that the move is in the child’s best interests.
What This Means for the Non-Relocating Parent
If you’re the parent staying put, receiving that notice can feel alarming. You might worry about losing meaningful time with your child or being pushed to the margins of their life.
You have the right to object. And if you do, the court will take your relationship with your child seriously. Colorado courts recognize that maintaining strong relationships with both parents is typically in a child’s best interest. An out-of-state move doesn’t automatically mean the relocating parent wins.
That said, filing your objection promptly matters. Waiting too long or failing to respond within the statutory timeframe can weaken your position.
What This Means for the Parent Who Wants to Move
If you’re the one planning the move, understand that relocating without following the proper legal steps can have serious consequences for your custody arrangement. Moving before you’ve gone through the required process, or before the court has approved a modified parenting plan, can reflect poorly on you in future proceedings.
The strongest approach is to be transparent, follow the notice requirements carefully, and come prepared with a realistic plan for how the other parent will maintain a meaningful relationship with your child after the move.
How Custody and Parenting Time Get Modified
When relocation is approved, the existing custody and parenting time order will need to be updated. This might mean longer stretches of time during summer and school breaks for the non-relocating parent, adjustments to holiday schedules, and clear expectations about travel costs and logistics.
Child support may also need to be recalculated if the parenting time split changes significantly, since Colorado’s child support guidelines factor in the number of overnights each parent has.
Relocation Cases Are High Stakes, and the Details Matter
Custody relocation disputes are among the most emotionally charged and legally complex family law cases. Small details in how you present your case, the evidence you gather, and the parenting plan you propose can make a real difference in the outcome.
Whether you’re planning a move or trying to prevent one, working with a family law attorney who understands Colorado’s relocation statutes and how local courts handle these cases is the best way to protect your rights and your relationship with your child.
Talk to a Colorado Family Law Attorney
At Nexus Family Law Group, we help parents across Colorado navigate relocation disputes, custody modifications, and every other challenge that comes with co-parenting after divorce. Every situation is different, and the information in this article is not a substitute for legal advice tailored to your circumstances.
If you’re dealing with a custody relocation issue, contact our Denver office to speak with an attorney about your options.