Want to Relocate Your Child? What Does Colorado Law Allow?

Navigating family law matters, especially those involving children, can be incredibly complex and emotionally charged. Among the most challenging issues is parental relocation, often referred to as "move-away" cases. When one parent wishes to move a significant distance with a child, it directly impacts the existing parenting plan and the relationship the child has with the other parent. In Colorado, these cases are governed by specific statutes and a deep consideration for the child's best interests.

Understanding Parental Relocation in Colorado

In Colorado, parental relocation is a legal process governed primarily by C.R.S. § 14-10-129. If parents share decision-making responsibilities or have a court-ordered parenting plan in place, and one parent wishes to move with the child out of state or a significant distance within the state, they generally cannot do so without the other parent's consent or a court order. The underlying principle in all such decisions is the "best interests of the child."

When Does Relocation Become a Legal Issue?

A move typically triggers a legal requirement for court approval or consent if it:

• ✈️ Takes the child out of Colorado.
• 🏡 Takes the child to a location within Colorado that significantly impairs the other parent's ability to exercise their parenting time or fundamentally alters the existing parenting plan. While Colorado law doesn't define "significant distance" with a precise mile marker, courts often consider factors like commute time, school changes, and the practical feasibility of the current schedule.

The Moving Parent's Perspective: Seeking Permission to Relocate

If you are the parent seeking to relocate with your child, the law requires a specific process. Failing to follow these steps can result in severe legal consequences, including being ordered to return the child, a change in primary residential parent, or even contempt of court.

Steps to Take When You Want to Relocate

1. 🗓️ Provide Formal Notice: You must provide written notice to the other parent at least 60 days before the intended relocation. This notice should be sent via certified mail, return receipt requested, or personally served. The notice must include:
   • 📍 The new street address, city, and state where you intend to reside.
   • 🏡 The new phone number (if known).
   • 📅 The date of the proposed relocation.
   • 📚 A brief statement of the reasons for the proposed relocation.
   • 👨‍👩‍👧‍👦 A proposed new parenting time schedule.
   • ⚠️ A warning that the other parent must object within 30 days or the relocation may be permitted.
2. 📝 Propose a New Parenting Plan: Your notice should include a detailed proposal for how parenting time and responsibilities will be handled after the move. This demonstrates forethought and a commitment to preserving the child's relationship with the non-moving parent.
3. 🤝 Attempt to Reach an Agreement: Even if you've provided notice, try to negotiate directly with the other parent. An amicable agreement is always preferable to litigation. If an agreement is reached, it should be formalized into a stipulation and submitted to the court for approval.
4. 🏛️ File a Motion (if no agreement): If the other parent objects (or doesn't respond), you must file a "Motion for Permission to Relocate" with the court. This initiates the formal legal process.
5. ⚖️ Prepare for Court: This will involve gathering evidence, potentially attending mediation, and possibly preparing for a contested hearing.

Factors the Court Considers (C.R.S. § 14-10-129)

When deciding a relocation request, Colorado courts are mandated to consider numerous factors, all centered on the child's best interests. It's crucial for the moving parent to address each of these points compellingly:

• 🤔 The Reasons for the Proposed Relocation: Is it for a legitimate purpose like a job opportunity, better living conditions, or to be closer to extended family support? The court will scrutinize the genuine necessity and benefit of the move.
• 🚫 The Reasons for the Objection to the Proposed Relocation: The court will also consider the non-moving parent's legitimate concerns, such as the impact on their relationship with the child or the child's well-being.
• 👨‍👩‍👧‍👦 The History and Quality of Each Parent's Relationship with the Child and the Parties' Cooperation in the Past: Courts favor parents who have demonstrated a history of fostering the child's relationship with the other parent and have cooperated on co-parenting matters.
• 🏠 The Educational Opportunities for the Child at the Existing Location and at the Proposed New Location: This includes quality of schools, special programs, and stability.
• 🩺 The Child's Extended Family, Community, and Other Significant Ties at the Existing Location and at the Proposed New Location: Friends, sports teams, religious community, and grandparents all play a role in a child's stability.
• ❤️ The Potential Impact of the Relocation on the Child's Physical and Emotional Well-Being: Will the move cause significant stress, anxiety, or disrupt crucial therapeutic relationships?
• 👨‍⚖️ The Feasibility of Preserving the Relationship between the Non-Relocating Parent and the Child through Allocation of Parental Responsibilities (Parenting Time) and the Financial Circumstances of the Parties: Can a new parenting schedule realistically maintain a strong bond, considering travel time and costs?
• 🗣️ The Wishes of the Child, if the Child is Sufficiently Mature to Express Them: While not determinative, a child's well-reasoned preference can be considered.
• ✅ Whether the Relocating Parent Has Made a Good-Faith Attempt to Secure a Similar Employment Opportunity Closer to the Other Parent's Residence, if Employment is the Primary Reason for the Relocation: This demonstrates a commitment to minimizing disruption.
• ⚠️ Any Other Factors the Court Deems Relevant: This catch-all allows the court to consider unique circumstances of each family.

Common Mistakes for the Moving Parent

• 🏃‍♀️ Moving Without Permission: This is arguably the biggest mistake. If you move without the other parent's consent or a court order, you risk severe penalties, including being ordered to return the child, a change in primary residential parent, and even contempt of court charges.
• ⏰ Insufficient or Late Notice: Not providing the required 60-day written notice with all necessary information can delay the process or harm your credibility.
• 🚫 Focusing on Personal Desires, Not the Child's Best Interests: The court's focus is solely on the child. Presenting your case as primarily benefiting you (e.g., "I miss my family," "I want a fresh start") without clear benefits for the child will likely fail.
• 🤷 Not Having a Comprehensive Proposed Parenting Plan: A vague plan for future visitation shows a lack of foresight and concern for the other parent-child relationship.
• 😠 Underestimating the Other Parent's Opposition: Assume the other parent will object and prepare a strong case, even if you believe they shouldn't.

The Non-Moving Parent's Perspective: Objecting to Relocation

If you are the parent whose child is being proposed for relocation, you have the right to object and present your case to the court. Your primary goal will be to demonstrate that the move is not in the child's best interests or that the negative impacts outweigh any potential benefits.

Steps to Take When You Want to Object

1. ⏰ Respond Timely: You must file a written objection with the court within 30 days of receiving the relocation notice. If you fail to object within this timeframe, the court may allow the relocation without a hearing.
2. 👩‍⚖️ Consult an Attorney: This is critical. A Colorado family law attorney can help you understand your rights, build a strong case, and navigate the complex legal process.
3. 🔍 Gather Evidence: Collect evidence demonstrating the child's strong ties to the current community, school, friends, extended family, and your relationship. Document any concerns about the proposed new location or parenting plan.
4. 📚 Prepare Your Arguments: Focus on how the relocation would negatively impact the child's best interests, addressing the same factors the court considers for the moving parent.
5. 🤝 Engage in Mediation: The court will likely order mediation. Be prepared to discuss alternatives, but also stand firm if you believe the move is genuinely harmful.
6. ⚔️ Prepare for Court: If mediation fails, you will proceed to an evidentiary hearing.

Building Your Case to Object

Your objection should directly counter the moving parent's claims and highlight the negative impacts on the child:

• 📉 Demonstrate Adverse Impact: Show how the move would disrupt the child's stability in school, friendships, extracurricular activities, and emotional well-being.
• 👨‍👩‍👧‍👦 Highlight Strong Existing Ties: Emphasize the child's deep connections to the current community, extended family, and especially their relationship with you.
• 💡 Propose Alternatives: While not always required, sometimes suggesting viable alternatives for the relocating parent (e.g., job opportunities closer to the child) can strengthen your position.
• ❓ Question the Proposed Parenting Plan: Point out any impracticalities or deficiencies in the proposed new parenting schedule that would undermine your relationship with the child.

Common Mistakes for the Non-Moving Parent

• ⏳ Delaying Your Objection: Missing the 30-day deadline can be fatal to your case.
• 😡 Focusing on Personal Anger or Resentment: While understandable, expressing only personal upset rather than legitimate child-focused concerns will not sway the court.
• 📜 Not Filing a Formal Objection: Simply telling the other parent "no" isn't enough; you must file a formal motion with the court.
• 🚫 Failing to Present a Clear Case: Vague objections without supporting evidence or a clear explanation of how the move harms the child are often unsuccessful.

The Court Process for Relocation Cases

If an agreement cannot be reached, the court process typically unfolds as follows:

1. 📊 Initial Status Conference (ISC): The court will schedule an ISC to discuss the issues, set timelines, and often order mediation.
2. 🤝 Mediation or Alternative Dispute Resolution (ADR): Most Colorado courts require parties to attempt mediation to resolve the dispute. A neutral third party helps facilitate communication and explore potential solutions.
3. 👨‍👩‍👧‍👦 Child and Family Investigator (CFI) or Parental Responsibilities Evaluator (PRE): In complex or highly contested cases, the court may appoint a CFI or PRE. These professionals conduct interviews with parents, children, teachers, and other relevant individuals to make recommendations to the court regarding the child's best interests concerning the relocation. CFI fees typically range from $2,000 to $5,000+, while PREs (who conduct more in-depth evaluations) can cost $5,000 to $10,000+.
4. 📝 Discovery: Both parties may engage in discovery, exchanging information, documents, and potentially conducting depositions.
5. ⚔️ Temporary Orders (Rare): In rare, urgent circumstances, a court might issue temporary orders, but generally, courts prefer to hear the full case before making a decision.
6. 🗣️ Evidentiary Hearing: If no agreement is reached, the court will hold a formal hearing where both parents present their evidence, call witnesses, and cross-examine the other party. The judge will then make a ruling based on the child's best interests.

Hypothetical Scenarios in Colorado

Scenario 1: Relocation Granted (Focus on Child's Best Interests)

Case: Sarah, a single mother with primary residential custody of her 8-year-old daughter, Emily, receives a significant job promotion. The new role is in Fort Collins, Colorado (approximately 60 miles north of Denver, where the father, Mark, resides). The promotion offers a 40% salary increase, full health benefits, and a schedule that allows Sarah more flexibility. Emily struggles with asthma, and the air quality in Fort Collins is demonstrably better than in Denver. Sarah provides Mark with a detailed notice, proposing a new parenting plan with extended weekends, all holidays split, and shared summer vacation, offering to cover Emily's travel costs. Mark objects, citing the disruption to his weekly dinner with Emily. During the hearing, Sarah presents evidence of the better schools in Fort Collins, Emily's improved health since spending time there, and a strong support network of Sarah's family. She also demonstrates her good faith efforts to find similar work closer to Denver, but nothing comparable existed. She shows the financial stability from the new job will directly benefit Emily's quality of life. The court, considering the substantial financial benefit, the improved health environment for Emily, the quality educational opportunities, and Sarah's well-thought-out plan to preserve Mark's relationship with Emily (including covering travel costs), finds that the relocation is in Emily's best interests. Relocation is granted, and the new parenting plan is adopted.

Scenario 2: Relocation Denied (Disruption Outweighs Benefits)

Case: David, a father with shared parenting time of his 10-year-old son, Alex, living in Colorado Springs, wishes to move to Florida to be with his new girlfriend. He works remotely and can technically perform his job from anywhere. He provides notice to Alex's mother, Lisa, proposing a vague parenting plan involving Alex flying to Florida during school breaks. Alex is heavily involved in soccer, has a close group of friends, and has significant extended family in Colorado Springs, including both sets of grandparents. Lisa objects, presenting evidence of Alex's strong ties to his community, his success in his current school, and his deep bond with her and her family. She highlights the significant disruption the move would cause to Alex's routine, friendships, and educational stability. David's primary reason for moving is a new relationship, offering no clear benefit to Alex beyond a general "fresh start." The court finds that while David has the right to move, the move offers no specific, tangible benefit to Alex. The disruption to Alex's established life, strong community ties, and consistent relationship with Lisa (which would be severely impacted by the distance) far outweighs David's personal desire to move for a relationship. The court denies the relocation, emphasizing that the move is not in Alex's best interests and would unduly disrupt his stability.

Costs and Financial Considerations

Parental relocation cases can be expensive due to their complexity and the intense litigation often involved. While there isn't "compensation" in the sense of a monetary award to one party, the costs primarily involve legal fees and expert fees.

• ⚖️ Attorney Fees: For a contested relocation case that proceeds to a contested hearing, attorney fees in Colorado can range significantly. A case that is resolved quickly through mediation might cost each party in the range of $5,000 to $15,000. However, if the case involves extensive discovery, multiple hearings, expert witnesses (like a CFI or PRE), and a multi-day trial, costs can easily escalate to $20,000 to $50,000+ per party.
• 👨‍👩‍👧‍👦 CFI/PRE Fees: As mentioned, these professionals are often appointed by the court. Their fees are typically split between the parties or allocated based on ability to pay. CFI fees can range from $2,000 to $5,000+, while PREs can charge $5,000 to $10,000+, depending on the complexity of the evaluation and the professional's rates.
• 🏛️ Court Costs and Filing Fees: These are standard and relatively minor compared to attorney and expert fees, usually a few hundred dollars.
• ✈️ Travel Costs: If relocation is granted, the parenting plan will typically address who pays for the child's travel for visitation. This can be a significant ongoing expense.
• 💰 Potential for Attorney Fee Awards: In rare cases, if one party is found to have acted vexatiously, frivolously, or in bad faith during the litigation, the court may order them to pay the other party's attorney fees. This is not common in relocation cases unless there's a clear pattern of misconduct.

Important Warnings and Risks

• 🚨 Moving Without Court Permission is a Serious Violation: Do not relocate the child before obtaining a court order or the other parent's written consent. This can result in significant legal repercussions, including an order to return the child, a change in primary residential parent (loss of custody), and potential contempt of court charges.
• 💔 The Process is Emotionally Taxing: Relocation cases are some of the most emotionally challenging in family law. Be prepared for a lengthy and stressful process.
• 🎲 Outcomes Are Unpredictable: Even with a strong case, the outcome depends on the specific facts, the judge's discretion, and the evidence presented. There are no guarantees.
• 👨‍⚖️ The "Best Interests of the Child" is Paramount: Your personal desires or needs are secondary to what the court determines is best for your child. Frame all your arguments through this lens.

Seeking Legal Help in Colorado

Parental relocation cases are intricate and fact-specific. The stakes are incredibly high, as the outcome will profoundly impact your child's life and your relationship with them. Attempting to navigate these waters without experienced legal counsel is a significant risk.

An attorney specializing in Colorado family law can:

• 🧭 Guide you through the statutory requirements and deadlines.
• 📊 Help you build a compelling case, whether you are seeking or opposing relocation.
• 🗣️ Represent your interests effectively in mediation and court.
• 🤝 Negotiate a practical and enforceable parenting plan if relocation is granted.
• 🛡️ Protect your rights and the best interests of your child throughout the process.

Whether you are considering a move or facing a relocation request from the other parent, acting quickly and consulting with a knowledgeable Colorado family law attorney is the most crucial step you can take.

Disclaimer: This article provides general information about parental relocation laws in Colorado and is not intended as legal advice. Every case is unique, and laws can change. You should consult with a qualified Colorado family law attorney for advice tailored to your specific situation. Reliance on this information without professional legal advice is at your own risk.