Relocation with children can be one of the most complex and emotionally charged issues in a Colorado custody case. Whether you are in the midst of a divorce or already have final custody orders in place, understanding your rights, obligations, and the court’s expectations is essential.
If you are considering moving with your child, contact our experienced Denver child custody attorneys today to ensure your relocation request complies with Colorado law and protects your parental rights.
Understanding Relocation in Colorado Custody Cases
Though we can all look back to a time when people were born and raised in one town or state, today’s families are far more transient. Employment transfers, school opportunities, military assignments, and family support networks often require relocation. For intact families, moves are generally straightforward. For parents involved in custody or divorce cases, however, relocation requires careful navigation of the law.
Relocation cases fall into two main categories:
Pre-final orders relocation – Moves requested prior to the entry of permanent custody orders.
Post-final orders relocation – Moves requested after final custody or parenting time orders are in place.
The legal standards, procedures, and risks vary significantly between these scenarios.
Pre-Final Orders Relocation
Prior to final custody orders, both parents generally have equal rights to the children. There is no statute that outright prohibits one parent from moving. However, if a case is pending, Colorado Revised Statutes §§14-10-107 and 14-10-123 prevent one parent from relocating with children without the other parent’s consent or a court order.
Courts may order a returning of children to Colorado if a parent leaves without proper authorization, depending on timing, notice, and best interests of the child.
The Spahmer Analysis
In pre-final orders situations, Colorado courts apply the Spahmer v. Guilette, 113 P.3d 158 (2005) framework:
The court evaluates which parent is better suited for primary residential custody, considering the move.
The focus is on the child’s best interests, not which parent has better schools or community resources.
Courts may enter alternative custody arrangements depending on whether the parent moves or stays.
Travel costs, parenting time, and maintaining the child’s relationship with the non-moving parent are considered.
A successful relocation request under Spahmer requires presenting a clear, reasonable justification and demonstrating that the move will not harm the child’s relationship with the other parent.
Post-Final Orders Relocation
Once permanent orders are in place, relocation becomes more legally complex. If a parent moves without permission, they may:
Violate parenting time orders under C.R.S. 14-10-129.5.
Face contempt of court proceedings, supervised visitation, or even criminal liability in extreme cases.
Trigger enforcement actions, potentially including the Uniform Child Abduction Prevention Act.
Proper Legal Process
The correct approach is to file a Motion to Modify Parenting Time under C.R.S. 14-10-129, specifically requesting relocation under subsection (2)(c). This applies not only to moves out of state, but also moves within Colorado that significantly change the geographical ties between the child and the non-relocating parent (e.g., moving from Castle Rock to Boulder or Fort Collins to Colorado Springs).
Court Considerations
Courts evaluate relocation requests using best-interest standards outlined in C.R.S. 14-10-124 and (2)(c) of 14-10-129. Factors include:
Reason for the proposed move.
Objections of the non-relocating parent.
History and quality of each parent’s relationship with the child.
Educational opportunities at the current and proposed location.
Presence or absence of extended family.
Advantages to the child remaining with the primary parent.
Anticipated impact of the move on the child.
Feasibility of reasonable parenting time for the non-relocating parent.
Any other relevant factors affecting the child’s best interests.
Because relocation requests can arise suddenly (e.g., a job transfer), statutes indicate such motions should receive priority on the court docket, though wait times vary by county.
Practical Steps for Parents Considering Relocation
For the Moving Parent
Communicate intentions to the other parent in writing.
Draft a relocation proposal including: new location, schools, doctors, activities, family nearby, and a proposed parenting time schedule.
Ensure the request is justified and supported with evidence; vague reasons such as “wanting a new job” are generally insufficient.
If the other parent consents, formalize the agreement in writing (Stipulation) and file with the court.
For the Non-Moving Parent
Clearly communicate objections in writing without harassment.
Present valid reasons to oppose the relocation: disruption to child’s schooling, lack of support network, or impact on existing parent-child relationships.
Consider requesting a modification of parenting time to become the primary caregiver under best-interest standards if relocation significantly disrupts current arrangements.
Colorado Courts’ Perspective
Courts do not generally favor relocation; requests are highly scrutinized.
The primary concern is the impact on the child’s relationship with both parents.
Resilient children, careful planning, and structured long-distance parenting time can mitigate risks.
Moving with proper legal guidance can still succeed if presented effectively.
Get in Contact with a Child Custody Lawyer Today
Relocation with children is one of the most challenging aspects of Colorado family law. Whether pre- or post-final orders, success depends on:
Understanding the relevant laws (Spahmer, Ciesluk, C.R.S. 14-10-124/129).
Preparing thorough documentation and justification.
Maintaining clear communication with the other parent.
Seeking experienced legal counsel to guide strategy and filings.
Contact our Denver family law attorneys today to discuss your relocation options and ensure your children’s best interests are protected throughout the process.
