When a parent plans to relocate with a child after a Colorado divorce, the move usually needs court approval first. The process is formal, time-sensitive, and centered on the child’s needs. And this is where a child relocation lawyer Colorado can help.
Relocation after divorce is never simple. It can change school districts, disrupt routines, and make parenting time harder to manage.
Here’s why Colorado courts require parents to follow a specific process before a move is approved.
How Colorado Relocation Cases Work
Relocation is not as simple as notifying the other parent and leaving. When one parent wants to move to a location that would substantially change parenting time, the court must authorize the move unless both parents agree and the court adopts their plan.
According to Colorado Law
Colorado law frames these requests within the parenting-time statutes. The court can modify parenting time when doing so serves the child’s best interests, and relocation requests are analyzed through that lens.
There is no presumption for or against the parent who wants to move. The judge weighs the evidence and applies statutory and case-law factors to decide the outcome.
What Judges Consider in a Relocation Hearing
Colorado courts focus on the child’s best interests, not on parental convenience. Judges may not start with a presumption favoring either parent, and they must consider relevant best-interest factors and specific relocation criteria.
Courts also cannot order a parent to live in a particular city. They decide parental responsibilities and parenting time, not where an adult must reside.
When a relocation dispute goes to a hearing, the court typically evaluates:
- The child’s relationship with each parent and the likely effect of the move on those bonds
- The relocating parent’s reasons for moving and the other parent’s reasons for objecting
- Educational, medical, and community advantages of the proposed new location compared to the current one
- The feasibility of preserving frequent and continuing contact with the non-relocating parent, including travel time and costs
- Extended family and geographical ties in both locations, and the stability each environment offers
- Any history of domestic violence, abuse, or substance misuse that affects safety
The judge then determines whether the move, and the related parenting-time changes, serve the child’s best interests under Colorado law.
Notice, Paperwork, and Timing
Relocation requests run on deadlines. The relocating parent must give written notice to the other parent as soon as practicable. It should include details like:
- Proposed new location
- Reasons for the move
- Revised parenting plan
The other parent has the right to object. And if there is an objection, the court holds a hearing and decides whether to allow the move.
These rules apply whether the move is in-state or out-of-state, if parenting time would be substantially changed.
Every part of the process takes time to prepare. Delays can lead to missed hearings or incomplete evidence, which weakens your position.
Colorado Law: No Presumptions and Best-Interest Review
The judge’s authority is to adjust parenting time and decision-making to protect the child, not to fix a parent’s address. Colorado’s leading cases make two points clear:
- There is no automatic advantage for either parent in a relocation fight
- The court’s task is to apply the best-interest standard to the specific facts in front of it, without telling a parent where to live
Factors involved:
- Where the child will attend school
- How health care will be handled
- How the child will maintain meaningful contact with the other parent
- How the schedule will work during the school year and breaks
In practical terms, this means each side should present focused, child-centered evidence.
Building a Strong Relocation Proposal
If you seek permission to relocate, your plan needs to be detailed and realistic. The court wants to see how the move supports the child and how contact with the other parent will be preserved.
Consider including:
- A clear description of the new location, the child’s school, and available services
- A revised parenting plan that spells out school-year time, holidays, and summer
- A travel schedule with cost-sharing language and backup options when flights are delayed or canceled
- Video-chat routines, tutoring arrangements if school switches midyear, and local childcare support
- A transition plan for extracurriculars and counseling if needed
Provide documents, not just statements. Enrollment confirmations, housing information, support letters from the new school or providers, and cost comparisons help the court see the plan as workable and child-focused.
Opposing a Relocation Request
If you are the non-relocating parent and you oppose the move, focus on the child’s relationships and the practical impact of distance.
Show how frequent, consistent contact would be harmed, how the school and community ties here serve the child well, and whether less disruptive alternatives exist.
Helpful evidence:
- The child’s current school records, teacher input, and activity schedules
- Transportation realities: total travel time door-to-door and cost during peak seasons
- The availability of extended family or long-standing support networks in the current location
- A counter-proposal for a schedule that preserves stability if the move is denied
Courts look for good-faith, child-centered proposals on both sides. An objection carries more weight when it comes with a practical plan to maintain or improve the child’s daily life and contact with both parents.
Modifying Parenting Time if the Move Is Approved
When relocation is granted, the parenting plan almost always changes. Judges aim to balance distance with consistent contact, which may involve:
Extended parenting blocks
Non-relocating parents often receive longer summer or holiday periods
These larger chunks of time help make up for fewer weekly visits
- Virtual contact requirements: Evening video calls or scheduled phone time can be built into the order
- Travel cost rules: Courts sometimes divide airfare or gas costs proportionally to income, or assign one parent full responsibility
- Detailed exchange instructions: Orders may specify which airport is used, when a child can fly alone, and how hand-offs occur
- Backup provisions: Weather delays, illness, or canceled flights are often addressed in advance to avoid conflict later
A relocation order works best when it leaves little room for dispute. The more detail included, the easier it is for both parents to follow.
If the Court Denies Relocation
When relocation is denied, the existing or slightly modified plan remains in place. Judges focus on stability for the child:
- School and community ties are preserved: Daily routines continue where the child already lives
- Decision-making and schooling usually stay with the parent who remains in the established home
If the other parent still moves:
- The child typically does not relocate with them
- Parenting time may shift to longer but less frequent visits
Parents sometimes try again later with a stronger proposal. Any renewed request must address the court’s earlier concerns with updated evidence.
In-State vs. Out-of-State Moves
Relocation rules apply even when a move stays within Colorado. The question is whether parenting time or the child’s ties are significantly disrupted. Judges may weigh:
- Large in-state moves: Relocations that place parents many hours apart within Colorado can make regular weekend parenting time impractical
- Short-range relocations: If the change doesn’t substantially alter the parenting schedule, parents can often agree on small adjustments and submit them to the court
- Disputed relocations: When no agreement exists, the court applies the same best-interest review used for out-of-state moves
Impact on the child’s connections
- Friendships
- Extended family relationships
- Extracurricular activities
Even moves that seem minor can matter if they interfere with parenting time. The court looks closely at whether the child’s stability is protected.
Practical Tips Before You File
Relocation cases turn on preparation. Whether you seek permission to relocate or you oppose the request, gather facts and documents early.
Action items to consider:
- Review your current parenting plan and orders so you know what must be modified
- Map realistic travel options and costs for a full school year and summer
- Line up school records, activity calendars, and child-care options for each location
- Draft a proposed schedule with specific pick-up and drop-off rules and holiday sharing
- Preserve texts and emails that show cooperation or concerns about the move
A well-supported filing helps the court see how the child will maintain strong bonds with both parents and how the new schedule will work month after month.
The Path to Court Approval
Relocation after a Colorado divorce is a legal decision centered on the child’s needs. Success depends on timely notice, a complete plan, and evidence that shows how the child will maintain strong ties with both parents.
Whether you seek permission to move or you oppose a proposed relocation, organized, child-focused proof is what persuades the court.
Flatiron Legal Advisors, PLLC helps parents across Colorado prepare, file, and present relocation cases with clarity and care. Call us today to discuss your options and next steps.
Disclaimer: This post is for informational purposes only and is not legal advice. For advice specific to your situation, consult an attorney licensed in Colorado.
