Colorado Relocation Custody: Rules for Moving With a Child After Divorce

A job offer in another state. A new partner in a different city. A family support network three hours away. Whatever the reason, moving with a child after a Colorado custody order is in place is not something you can do unilaterally. Colorado law requires written notice, the other parent's consent, and — if consent is not given — a court order before the move happens.

When Relocation Rules Apply

Under C.R.S. § 14-10-129, relocation restrictions apply whenever a parent intends to move to a residence that "substantially changes the geographical ties" of the child. This is not limited to out-of-state moves. A significant in-state move — relocating from Fort Collins to Colorado Springs, for example — can trigger the same requirements if it disrupts the child's access to the other parent, school, and community.

The statute does not define a specific mileage threshold. Courts evaluate whether the proposed move would make the existing parenting-time schedule impractical or impossible to maintain.

The Mandatory Notice Requirements

A relocating parent must provide written notice to the other parent "as soon as practicable." The notice must include four elements required by statute:

1. A clear statement of intent to relocate
2. The specific proposed new location
3. The reasons for the proposed relocation
4. A proposed revised parenting-time schedule

The notice requirement exists regardless of whether you have primary residential custody, shared custody, or equal parenting time. Every parent with a court-ordered parenting plan must follow this process.

What Happens If the Other Parent Objects

If the non-relocating parent objects, the relocating parent must file a Motion to Relocate (JDF 1407) with the court. Relocation hearings receive expedited, priority scheduling on the court's docket under C.R.S. § 14-10-129(2)(c).

The court's analysis depends on whether the relocation is being requested before or after a final parenting plan is entered:

Pre-decree relocation (no final orders yet): The court conducts a Spahmer analysis. Under this framework, the court cannot prevent the parent from moving. Instead, it determines a parenting schedule that serves the child's best interests, assuming the move will happen. The question becomes how to allocate parenting time given the new distance, not whether the parent can go.

Post-decree relocation (final orders exist): The court applies the nine standard best-interest factors under C.R.S. § 14-10-124, plus the additional statutory factors under C.R.S. § 14-10-129(2)(c). These include:

• The reasons for the proposed move and the other parent's reasons for objecting
• The quality of the child's relationships with both parents, siblings, and community
• Educational opportunities at the current and proposed locations
• The presence of extended family or support networks in each location
• The logistical feasibility of maintaining a meaningful relationship with the non-relocating parent

The relocating parent carries the burden of showing that the move serves the child's best interests.

Building a Long-Distance Parenting Plan

If the court approves the relocation — or if both parents agree — the existing parenting plan must be modified to account for the distance. A long-distance plan typically restructures parenting time around school breaks rather than weekly rotations:

School-year schedule: The child resides primarily with the custodial parent. The other parent may receive one weekend per month (depending on distance), plus regular video and phone contact.

Summer schedule: Extended summer parenting time of four to eight weeks with the non-custodial parent, often the majority of summer vacation.

Holiday rotation: Alternating Thanksgiving, winter break, and spring break, with the non-exercising parent receiving the child on the other holidays.

Transportation: The plan must specify who bears the cost and logistics of travel. Many long-distance plans split transportation costs equally or assign pickup responsibilities to the parent whose time is beginning. For air travel, specify who books flights, which airport, and whether an unaccompanied minor designation is required.

Communication: A long-distance plan should include specific provisions for regular video calls — not just "reasonable phone contact" but defined days and times, such as "Tuesday and Thursday evenings at 7 PM via video call for 30 minutes."

Moving Without Court Approval

Relocating without following the statutory notice and consent process is a serious mistake. The other parent can file a motion asking the court to order the child returned to the original location. Courts view unilateral moves as evidence that a parent is unwilling to foster the child's relationship with the other parent — one of the statutory best-interest factors that weighs heavily against the relocating parent.

If you are considering a move, follow the statutory process even if you expect your co-parent to agree. A verbal agreement is not enforceable. File a stipulated modification (JDF 1423) with the revised parenting plan so the new arrangement has the force of a court order.

Planning Your Relocation

The Colorado Child Custody & Parenting Plan Guide includes templates for long-distance parenting schedules and a relocation checklist that covers the notice requirements, the court filing process, and the factors judges evaluate. Whether you are the parent proposing the move or the parent responding to a relocation notice, having a structured plan makes the difference between a productive negotiation and an expensive contested hearing.

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