Relocation can be one of the trickiest challenges in Colorado child custody cases. Whether it’s a military transfer or an exciting new job opportunity, moving isn’t just a personal decision—it’s a legal matter, too. In Colorado, courts take relocation requests seriously, focusing on what’s in the best interest of the child.
Here’s what every parent should know about navigating relocation in Colorado custody cases, from the legal rules to emotional considerations.
The Legal Framework for Child Relocation in Colorado
In Colorado, parents can’t simply move away with their child without first meeting strict legal requirements. Under Colorado Revised Statutes (C.R.S.) § 14-10-129, a parent who wishes to relocate must first provide written notice to the other parent. This notice must include the proposed new address, the reason for the move, and a suggested new parenting plan.
Once notice is given, both parents are expected to attempt to reach an agreement on the relocation and any necessary adjustments to parenting time. If they can’t agree, either parent can request a court hearing. During the hearing, the court examines several key factors to determine whether the move is in the child’s best interest. These factors include the reasons for the move, the quality of schools and community in the new location, the child’s relationship with both parents, and how the move would affect the child’s overall well-being.
One critical consideration is whether the parent seeking to relocate is acting in good faith. The court carefully looks for any signs that the move is intended to disrupt the child’s relationship with the other parent.
How Military and Job-Related Moves Are Handled
Military and job-related relocations are common in Colorado, especially in areas like Colorado Springs with a strong military presence. Thankfully, Colorado law recognizes the unique challenges these families face.
For military families, the Uniform Deployed Parents Custody and Visitation Act (UDPCVA) (National Conference of State Legislatures) provides crucial protections. This act allows parents to:
- Temporarily modify custody and parenting plans during deployments
- Reinstate prior custody arrangements after deployment ends
- Prevent courts from using a parent’s military service as a reason to deny custody or parenting time
For job-related moves outside of military service, the court evaluates whether the relocation is necessary and reasonable. Judges often consider factors like:
- Whether the move improves the parent’s financial stability
- Availability of better employment or advancement opportunities
- Whether remote work or alternative employment closer to the child is possible
In both military and civilian relocation cases, judges closely examine whether the parent seeking to move has acted in good faith and whether they’ve attempted to cooperate with the other parent.
Key Tip: Courts often favor parents who approach relocation requests with flexibility and a collaborative mindset. Demonstrating efforts to negotiate fairly—by offering revised parenting plans, adjusting schedules, or agreeing to share travel costs—can significantly strengthen your position in court.
Effective Courtroom Strategies for Relocation Requests
When a relocation dispute heads to court, preparation is everything. Judges expect parents to provide clear, compelling reasons for the move, supported by evidence—not just personal preference.
One of the most important things you can do is gather strong documentation to back up your request. This might include:
- Employment offer letters or military orders
- Financial records showing improved stability with the move
- School information and housing details from the new location
A detailed and realistic parenting plan is also essential. Courts prefer to see that you’ve thought carefully about how the child’s relationship with the other parent will be preserved despite the distance. Consider including:
- Plans for extended visitation during holidays and school breaks
- Provisions for regular virtual communication, like video calls
- Transportation arrangements, including who will cover travel costs
Parents who demonstrate flexibility and a willingness to compromise tend to fare better. Judges appreciate when both sides are trying to work out practical solutions for parenting time and visitation.
In some cases, testimony from community members—like teachers, counselors, or family friends—can help show that your child is well-supported and capable of handling the transition. Courts often give weight to this type of evidence when assessing the overall impact on the child’s well-being.
Key Tip: Approach relocation cases with the mindset of collaboration, not conflict. Showing that you’ve explored reasonable compromises and alternative plans can significantly strengthen your position in the courtroom.
Considering the Emotional Impact on Children
While meeting legal requirements is essential, it’s equally important to consider the emotional toll that relocation can place on a child.
Research shows that frequent residential moves—especially during early and middle childhood—are associated with declines in academic performance, social functioning, and emotional well-being. A 2016 study published in Child Development found that children who move more often face greater difficulties with reading and math, reduced social skills, and higher levels of emotional and behavioral problems (Society for Research in Child Development).
However, several strategies can help ease the transition:
- Maintaining Stability: Keeping children connected to familiar activities, hobbies, and social circles—even remotely—can help reduce anxiety and promote a sense of security.
- Ongoing Communication: Regular video chats, phone calls, and consistent schedules can preserve strong bonds with the non-moving parent, ensuring the child doesn’t feel disconnected.
- Therapy and Counseling: Professional mental health support can help children process complex emotions such as sadness, anxiety, or anger related to the move.
Parents should remember that even moves driven by clear financial or professional gains can still present significant emotional challenges for a child. Courts often take this emotional impact into account when making relocation decisions.
Navigating Relocation Requests
Relocation cases in Colorado are highly fact-specific, requiring a careful blend of legal knowledge, courtroom preparation, and compassion for the child’s emotional well-being. Whether you’re pursuing a job opportunity, following military orders, or seeking a fresh start, it’s crucial to follow the law precisely and respectfully work with the other parent when possible.
If you’re facing a potential relocation, consulting an experienced family law attorney can make all the difference in protecting both your parental rights and your child’s best interests.