Life changes. Job opportunities arise, new relationships form, or a fresh start becomes necessary. But for parents sharing custody in Colorado, relocating—even within the state—can create significant legal hurdles. Under Colorado law, a move that significantly changes the geographic relationship between the child and the other parent can directly impact existing custody (parental responsibility) orders.

Relocation cases in family court are sensitive and complex. The court’s focus always remains on what is in the best interest of the child. That means a parent wishing to move must provide a compelling reason and demonstrate that the relocation won’t harm the child’s relationship with the other parent. If you're considering a move or facing a relocation request, it's critical to understand your rights, your obligations, and how Colorado law handles these situations.

What Counts as “Relocation” Under Colorado Law?

Not every move qualifies as a legal “relocation.” Colorado courts generally consider a relocation to be any move that:

• Substantially changes the distance between the child’s current residence and the other parent’s residence
• Would significantly impact the current parenting time schedule
• Requires the child to switch school districts or spend considerably more time traveling to see the other parent

A parent relocating from Denver to Boulder might not trigger legal action, but moving from Denver to Texas certainly would. The key issue is whether the move disrupts the parenting plan. If it does, the relocating parent must provide written notice to the other parent and the court, and may need to request a formal modification of the custody order.

The Legal Process for Relocation Requests

Colorado Revised Statute §14-10-129 governs the process for modifying parenting time, including relocation. Here's a simplified overview of what typically happens:

1. Notice Requirement: The relocating parent must give the other parent written notice, including:

• The intended relocation address (if known)
• The reason for the move
• A proposed new parenting time schedule

2. Agreement or Objection: The non-relocating parent can either agree to the move and modified parenting plan or object to it. If there's a dispute, either party can file a motion to modify parenting time.

3. Court Hearing: If an agreement isn’t reached, the court will hold a hearing to determine whether to allow the move. The parent requesting relocation has the burden of proving that the move is in the child's best interest.

Factors Courts Consider in Relocation Cases

Colorado courts weigh several factors when deciding whether to permit a move, and the guiding principle is always the child’s well-being. Some of the key considerations include:

• The reasons for the proposed move
• The reasons the other parent objects
• The history and quality of each parent’s relationship with the child
• Educational opportunities at the current and new locations
• Whether the move will enhance the relocating parent’s quality of life (e.g., employment, support system)
• The impact on the child’s relationship with the non-moving parent
• The feasibility of preserving parenting time and maintaining the child’s bond with both parents

It’s not enough to show that a move will benefit the parent. Courts want to see how the child’s life will be improved—or at least not harmed—by the relocation. Judges also take into account how well parents communicate and whether they’ve historically supported the child’s relationship with the other parent.

How Relocation Can Affect Your Custody Rights

If you are the parent wishing to move and the court denies your relocation request, you may be forced to choose between staying put with your child or relocating without them. On the other hand, if the court approves the move, the other parent may see a significant reduction in parenting time.

In either case, the existing parenting plan will likely need to be modified. This could include longer visitation periods during holidays, summer vacations, or increased virtual communication between the child and the non-custodial parent. It's essential to work with a qualified child custody attorney to help propose a revised parenting plan that accounts for distance, travel costs, and consistent contact.

Tips for Parents Facing a Relocation Dispute

Relocation cases can be emotionally and legally challenging. Whether you're the parent planning to move or the one staying behind, here are a few tips to protect your rights:

• Document Everything: Keep written records of all communication related to the move.
• Be Proactive: If you're planning a move, give notice as early as possible and be ready to propose a thoughtful parenting plan.
• Stay Child-Focused: Avoid making relocation about parental conflict. Judges respond better to arguments centered on what’s best for the child.
• Seek Legal Guidance: These cases involve strict deadlines and complex statutes. Don’t try to handle them on your own.

At Datz Law Firm, we understand the personal and legal stakes involved in relocation disputes. Whether you’re seeking to move with your child or trying to protect your time as a parent, contact us today. We’ll advocate for your rights and help you pursue an outcome that keeps your child’s best interests at the heart of every decision.