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How Does Relocation Affect Child Custody?

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How Does Relocation Affect Child Custody?

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A parent’s move across town rarely raises legal eyebrows in Colorado. A move across the country is an entirely different story. Under Colorado law, when a parent with the majority of parenting time wants to relocate in a way that substantially changes the geographical ties between a child and the other parent, specific notice requirements kick in, and a court may need to revisit the existing parenting plan altogether. If a move is on your horizon, whether you’re the one relocating or the one finding out about it, here’s what you actually need to know.

Key Takeaways

  • Colorado law requires written notice before a parent relocates in a way that substantially disrupts existing parenting time arrangements.
  • Relocation cases move quickly through the court system, since delay only adds uncertainty for the child involved.
  • Judges weigh a specific set of best-interests factors when deciding whether to approve a proposed relocation.
  • A proposed revised parenting plan, addressing long-distance scheduling, is typically expected as part of the process.
  • Not every move triggers this process; the legal threshold hinges on how much the relocation actually disrupts the existing arrangement.

Notice Requirements and Relocation Procedure in Colorado

Colorado doesn’t leave this to guesswork. Under C.R.S. § 14-10-129, a parent who has the majority of parenting time and intends to relocate to a residence that substantially changes the geographical ties between the child and the other parent must provide written notice as soon as practicable. That notice needs to include where the parent intends to live, the reason for the move, and a proposed revised parenting time plan. The statute also directs courts to prioritize these cases on the docket, recognizing that a child’s living situation shouldn’t sit in limbo any longer than necessary.

How a Move Impacts Parenting Time Schedules

Not every relocation actually disrupts an existing schedule enough to matter legally. A move from one Denver suburb to another might not meaningfully change how parenting time works in practice. A move from Colorado to another state almost certainly will. When a relocation does substantially affect the current arrangement, the existing weekly or biweekly exchange schedule generally can’t survive intact, which is exactly why the law requires a proposed revised plan alongside the notice itself. Courts want to see that the relocating parent has already thought through how parenting time might realistically work under the new circumstances, not left that question for the other parent or the court to solve from scratch.

Best-Interests Factors Colorado Courts Weigh

When a relocation is contested, a judge doesn’t simply ask whether the move seems reasonable. Colorado’s statute lists specific factors courts must consider, including the reasons the relocating parent wants to move, the reasons the other parent objects, the history and quality of each parent’s relationship with the child, educational opportunities at both locations, the presence of extended family in each place, and whether the court can realistically craft a workable parenting time schedule if the move is approved. No single factor controls the outcome; judges weigh the full picture, which is part of why these cases benefit from thorough preparation on both sides.

Proposed Revised Parenting Plan and Long-Distance Schedules

A workable long-distance parenting plan usually looks different from a typical week-to-week schedule. Many families shift toward longer blocks of time during school breaks and summer vacation, paired with regular video calls and phone check-ins in between. Transportation logistics, who travels, who covers the cost, and where exchanges happen, need to be spelled out clearly rather than left to informal agreement. A well-drafted proposal signals to the court, and to the other parent, that the relocating parent has genuinely considered how the child’s relationship with both parents can continue in a meaningful way.

Talk to Our Colorado Custody Attorneys

Relocation cases carry real stakes for everyone involved, and getting the notice, the proposed plan, and the underlying strategy right from the outset makes a genuine difference in how a case unfolds. Women’s Divorce and Family Law Group has guided clients through exactly these situations, whether you’re planning a move or responding to one. Contact our experienced Colorado custody attorneys online today to talk through your specific circumstances.

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