Dealing with Relocation in Child Custody Cases in CO

Child custody cases are often emotionally charged and complex, and matters become even more intricate when one parent wants to relocate with their child. In Colorado, just as in many other states, dealing with relocation in child custody cases involves a careful consideration of the best interests of the child.

This blog explores the complexities of relocating with children when co-parenting in Colorado, shedding light on the relevant laws, court procedures, and the paramount concern—the child’s well-being.

Colorado Laws and Child Custody

Colorado places a strong emphasis on ensuring that child custody decisions prioritize the best interests of the child. When it comes to relocation, the court considers several factors to determine whether it is in the child’s best interests to move or not. Some key factors include:

Reason for Relocation: The parent requesting the move must have a legitimate reason, such as a job opportunity or to be closer to family. The court examines the motive behind the relocation and whether it benefits the child.

Impact on the Child: The court assesses how the move will affect the child’s physical, emotional, and educational well-being. It’s crucial to demonstrate that the relocation is not detrimental to the child.

The Child’s Relationship with Both Parents: Maintaining a strong relationship with both parents is highly valued. The court will consider how the move could impact the child’s ability to spend time with each parent.

The Current Parenting Plan: If a parenting plan is in place, the court will review how the relocation might alter the arrangement and whether it’s feasible to modify it.

Court Procedures

When a parent wishes to relocate with a child, they must follow specific court procedures in Colorado:

Providing Notice: The relocating parent must notify the other parent and anyone else who has parental rights or visitation rights. This notice should be provided at least 60 days before the intended move.

Objection from the Non-Relocating Parent: The non-relocating parent has the opportunity to object to the move. If they object, the case will go to court.

Court Evaluation: In the event of an objection, the court will examine the proposed relocation and consider the best interests of the child.

Mediation: Mediation is often used to help parents reach an agreement regarding the relocation and the child custody plan.

Best Interests of the Child

Colorado law places the paramount importance on the best interests of the child in relocation cases. It is crucial for both parents to understand that the court’s primary concern is the child’s well-being. To help parents navigate this complex process, here are some tips:

Maintain open and honest communication with the other parent. Being transparent about the reasons for the move and the potential impacts on the child can help in reaching an amicable solution.

Consider mediation as a way to reach an agreement. A neutral third party can often help parents find common ground and develop a parenting plan that suits everyone’s needs.

Whenever possible, consider the child’s perspective. Their wishes and feelings may be taken into account by the court, especially if they are old enough to express their preferences.

Consulting with an experienced family law attorney is vital. They can help you navigate the legal process, understand your rights, and advocate for your child’s best interests.

Colorado Springs Child Custody Attorneys

Relocation In Child Custody Cases

In Colorado, the court’s focus remains firmly on the best interests of the child, considering factors like the reason for the move, its impact, the child’s relationship with both parents, and the existing parenting plan.

To ensure a smoother transition and minimize conflict, open communication, mediation, and seeking legal counsel can be valuable tools for parents involved in relocation cases. By putting the child’s well-being first and following the proper child custody procedures, parents can find solutions that prioritize their child’s best interests while respecting the rights and responsibilities of both parties.


About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.