Can You Move Out of State If You Share Custody in Colorado?

Relocating to another state is a major life decision, especially when children are involved. Whether the move is for a new job, family support, educational opportunities, or a fresh start, parents who share custody in Colorado must take specific legal steps before changing a child’s residence. Colorado takes relocation very seriously because of the potential impact on parenting time, school stability, and the child’s overall well-being. If you are considering a move or if your co-parent has expressed intentions to relocate, our child custody services can help you navigate the laws and understand your rights.

Understanding Colorado’s Relocation Rules for Parents

Under Colorado law, a parent cannot simply move a child out of state when there is an existing custody order or parenting plan in place. Colorado requires that any relocation that significantly impacts the parenting schedule must either be agreed upon by both parents or approved by the court. This is true even if one parent is the primary residential custodian. The law aims to protect the child’s relationship with both parents and to prevent sudden or disruptive changes.

A relocation is considered significant when it affects the other parent’s ability to exercise their parenting time as established in the court-approved schedule. Moving across state lines almost always meets this threshold. When parents cannot agree, the court becomes the ultimate decision-maker, evaluating whether the move is in the child’s best interests. Because of the legal and emotional complexity involved, parents should seek legal guidance as soon as relocation becomes a possibility.

Steps Parents Must Take Before Relocating With a Child

Colorado requires parents to follow a clear process before pursuing an out-of-state move with a child. Failing to follow these steps can result in legal consequences, including court sanctions or orders requiring the child to return to Colorado. To begin the relocation process, parents should understand the obligations set out by the courts and the statutes that govern parental moves.

Parents considering relocation must take the following actions:

• Provide written notice to the other parent that explains the intent to relocate.
• Include the reason for the move and the proposed relocation location.
• Offer a revised parenting plan that addresses long-distance parenting time.
• Demonstrate how the move supports the child’s well-being and development.
• Prepare for mediation or a court hearing if the co-parent objects.

Once notice is given, both parents may attempt to negotiate a revised plan. When they cannot agree, the parent seeking relocation must file a motion with the court and present evidence demonstrating why the move benefits the child. The process can take time, especially if expert evaluations or additional documentation is required.

How Courts Decide Whether a Parent Can Relocate

When a relocation becomes a contested issue, Colorado courts use a detailed analysis to determine whether the move should be allowed. The court’s primary focus is always the child’s best interests. The decision is not based on whether the moving parent would personally benefit, but whether the child’s well-being would be enhanced despite the distance created between the child and the non-moving parent.

Colorado judges consider several factors, including the following:

1. The reasons for the proposed relocation.
2. The reasons the other parent objects to the move.
3. The history and quality of each parent’s involvement with the child.
4. The educational, emotional, and social benefits of the proposed location.
5. The feasibility of preserving a meaningful relationship with the non-moving parent through alternative schedules.
6. The child’s relationship with family and community in both locations.
7. The impact of the move on the child’s stability.

Court decisions often turn on detailed evidence, including school comparisons, employment opportunities, support systems, housing quality, and the child’s established connections. Because relocation hearings can be complex and involve extensive documentation, parents benefit greatly from experienced representation throughout the process.

What Happens If a Parent Moves Without Permission

Moving a child out of Colorado without consent or a court order can result in serious legal consequences. Parents who relocate a child without following the proper procedures may be found in violation of the custody order. The court may require the child to return to Colorado, modify the parenting plan, or impose penalties on the relocating parent. In extreme cases, unauthorized moves may affect long-term parental rights.

No parent should attempt to relocate without understanding the legal requirements. Whether you need to initiate the relocation process or respond to a co-parent who is considering a move, taking early action helps protect both your rights and your child’s stability. Courts expect parents to follow established procedures, and failing to do so can negatively impact future custody determinations.

How an Attorney Helps With Custody and Relocation Cases

Relocation cases are among the most challenging matters in Colorado family law because they involve legal, emotional, and practical considerations for every member of the family. A skilled attorney can help parents gather the necessary evidence, prepare persuasive proposals, and anticipate the issues the court will analyze. Additionally, an attorney can assist in negotiating alternative parenting plans and exploring solutions that support both parents’ ability to maintain meaningful involvement with their child.

At Colleen McCoy Family Law, we assist parents who are seeking relocation as well as parents who need to challenge a move that could limit their parenting time. We help with drafting notices, preparing revised parenting plans, presenting evidence to the court, and navigating mediation or hearings. Whether you are moving for work, family needs, or personal reasons, we work to ensure the legal process is handled correctly. Our team also supports parents facing unauthorized relocation by taking swift action to protect their parental rights and the child’s best interests.

Speak With Us About Relocation and Child Custody

If you share custody of a child in Colorado and are considering relocating, or if your co-parent has expressed intentions to move, we are here to help you understand your options. Relocation cases require careful planning and a strong legal strategy, and our team can guide you through the steps necessary to protect your child’s well-being and your parental rights. To discuss your situation and receive tailored guidance, please contact us today.