Key Takeaways
- When a parent can legally move out of Colorado Springs with a child if there is a custody order in place.
- How a Colorado parenting plan and existing custody order affect child relocation decisions.
- What Colorado’s relocation rules and notice requirements entail in order for a parent to move.
- How courts evaluate child relocation in Colorado Springs when the other parent objects.
- What steps parents in Colorado Springs and Denver can take to protect their rights before relocating with a child.
Understanding the Custody Order and Colorado Parenting Plan
When a court issues a child custody order in Colorado, it typically comes with a detailed Colorado parenting plan. This document outlines where the child will live, how parenting time is divided, and who can make major decisions. If you’re subject to a custody order, you can’t simply move your child without following the proper process.
Your Colorado parenting plan might already include provisions about relocation. In some cases, parents agree ahead of time on what happens if one wants to move. But even if your parenting plan does clearly state it, Colorado’s relocation rules still apply.
What Are the Relocation Rules in Colorado?
Colorado courts treat relocation seriously because of its potential impact on the child and the other parent. If you’re planning a child relocation in Colorado Springs, you must follow a specific legal process before moving, especially if the move would substantially change the parenting time schedule.
Under Colorado law, you cannot relocate with your child, even if you share joint custody, unless you either get permission from the other parent or a judge approves the move. These relocation rules apply whether you’re planning to move ten minutes away or out of state entirely.
Notice Requirements for Relocating With a Child
If you plan to move out of Colorado Springs, you must provide written notice to the other parent. These notice requirements are strict and time-sensitive.
According to Colorado law, your written notice must include:
- Your new address
- The reason for the move
- A proposed revised parenting schedule
- A statement that the other parent can object to the relocation
You must send this notice as early as possible. While there isn’t a set number of days required by law, courts typically want to see at least 60 days’ notice when possible. It’s important to follow these notice requirements carefully to avoid violating your custody order.
What Happens if the Other Parent Objects?
If the other parent disagrees with the move, the court will need to decide whether the relocation should be allowed. You cannot relocate with your child until the judge makes a decision. This process often includes a court hearing where each side can present evidence.
The court will look at a number of factors when evaluating child relocation in Colorado Springs, including:
- Why the parent wants to relocate
- Why the other parent objects
- The history and quality of each parent’s relationship with the child
- The educational opportunities at the new location
- Whether the move would improve the quality of life for the child
- Whether a reasonable parenting schedule can be maintained
The court’s focus is always on the best interests of the child. This means that the judge must be convinced that the relocation benefits the child and protects their relationship with the other parent.
How Courts in Colorado Springs and Denver Handle Relocation Cases
Family courts in Colorado Springs and Denver follow the same relocation rules under state law, but outcomes can vary based on the specific facts of your case. Judges expect both parents to remain involved in the child’s life, and relocating can make that difficult.
In relocation cases, it’s common for the court to appoint a Child and Family Investigator (CFI) or a Parental Responsibilities Evaluator (PRE) to assess the situation. These professionals interview the parents, speak with the child if appropriate, and submit a report to the judge. Their recommendations carry weight in the final decision.
If your relocation would drastically reduce the other parent’s parenting time, you’ll need a strong case showing that the move truly serves the child’s best interests.
Tips for Parents Seeking Child Relocation in Colorado Springs
If you’re considering relocation, take the following steps to improve your chances of a smooth legal process:
- Review your Colorado parenting plan and custody order carefully to understand what’s allowed.
- Speak with the other parent early to see if they’ll agree to the move.
- Consult a family law attorney in Colorado Springs or Denver to help you draft a proper notice and assess your legal position.
- Document your reasons for relocating, such as a new job, educational opportunities, or proximity to family.
- Prepare a revised parenting schedule that allows the other parent to maintain regular and meaningful contact.
Talk to a Colorado Springs Attorney Before You Make a Move
Child relocation in Colorado Springs is not a simple decision. A custody order limits what you can do without court involvement, and the relocation rules and notice requirements are designed to protect both parents’ rights and the child’s well-being. Whether you’re relocating within Colorado or across state lines, having a clear plan and strong legal support can make a big difference.
At Colorado Legal Group, our family law attorneys in Colorado Springs and Denver are experienced in relocation and custody matters. We can help you understand your options, comply with the law, and fight for the outcome that’s best for your family.
Reach out to our team today to schedule a consultation and get the guidance you need.
Joseph Cash
Attorney at Colorado Legal Group
Joe Cash is a skilled divorce and family law attorney with over a decade of experience handling high-conflict cases, custody disputes, child relocation, and complex financial matters in Denver. He is known for helping clients make sound decisions that protect both their finances and their relationships with their children.
Education: University of Colorado, Boulder
Years of Experience: 10+ years of high-level divorce experience