Colorado Court Process

Starting a relocation case in Colorado involves:

• Initiating a Relocation Request
  • You’ll often use a court-approved form (like JDF 1408 or another relevant “Motion to Relocate” form) available on the Colorado Judicial Branch website.
  • Expect to file in the same county where your custody order was originally issued or registered.
• Deadlines & Notice
  • Colorado law generally requires reasonable notice to the other parent before the intended move. The length of this notice period can vary, but it’s crucial not to wait until the last minute.
• Service to the Other Parent
  • Formal service (delivering the filed motion) ensures the other parent is aware of your relocation intent and can respond or object.

For specific statutes and rules outlining these procedures, refer to State-Specific Statutes & Regulations for the exact legal citations.

While exact steps depend on local court rules and whether both parents agree, a general sequence looks like this:

1. File the Motion in the appropriate court.
2. Serve Notice to the other parent.
3. Objection Period: The non-moving parent can contest the relocation.
4. Mediation or Custody Evaluation: Some Colorado courts require mediation or a professional evaluation—refer back to Section 1 for details on mandated processes.
5. Preliminary Hearing (if needed): Judges may set temporary arrangements or requirements before the final decision.
6. Trial or Final Hearing: Both sides present evidence, after which the judge rules on the relocation request.
7. Appeals Window: Parties can appeal within a set timeframe if they disagree with the outcome.

Throughout this timeline, meeting filing deadlines and staying responsive to court notices can significantly affect whether your request proceeds smoothly.

Colorado appellate courts have issued rulings that shape how judges weigh relocation disputes. Two notable examples include:

• In re Marriage of Ciesluk, 113 P.3d 135 (Colo. 2005)
  • Key Holding: Clarified how courts should apply “best-interest” factors when a parent wants to relocate. Stressed that no single factor (like distance) should automatically dictate the outcome.
  • Why It Matters: Guides judges to weigh various considerations—economic opportunities, family ties, educational benefits—without presumption against or in favor of relocation.
• In re Marriage of Spahmer, 113 P.3d 158 (Colo. 2005)
  • Key Holding: Addressed the relocating parent’s burden of proof and how to determine good faith.
  • Why It Matters: Reinforced that relocation cases are highly fact-specific; parents must show legitimate reasons for moving, and courts should evaluate each child’s situation individually.

These decisions underscore Colorado’s emphasis on the child’s best interests, balanced with each parent’s right to seek or contest a move.

Colorado courts follow the Colorado Rules of Evidence (C.R.E.) in custody and relocation hearings. Key points include:

• Hearsay Exceptions
  • Children’s out-of-court statements might be admissible in certain circumstances (e.g., if part of a custody evaluator’s report or a professional’s testimony).
• Expert Testimony
  • Custody evaluators, mental health professionals, or other experts can play a central role, but they must meet foundational requirements to testify.
• Documentary Evidence
  • Submitting job offers, school rankings, or housing information can help illustrate how the proposed move affects a child’s opportunities and well-being.

By understanding what evidence is allowed and how to present it, you’ll build a stronger, more credible case.

Sometimes, the court appoints neutral professionals to gather information or assist parents in reaching an agreement:

• Parenting Coordinators
  • Help resolve day-to-day co-parenting disputes and may make recommendations to the court.
  • Provide insight into whether a relocation plan is workable, including scheduling and communication tools.
• Custody Evaluators
  • Conduct interviews, home visits, and, in some instances, psychological assessments.
  • Present written or verbal findings during hearings, which judges often weigh heavily when deciding contested relocations.

In certain cases, a mediator may also come into play, especially if the court wants to encourage a settlement before holding a full hearing.