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Relocating When Divorcing or Establishing Custody in Colorado
When you’re in the early stages of a divorce or custody proceeding, relocating with a child can introduce additional legal steps and complexities. In Colorado, courts closely examine such moves to ensure they serve the child’s best interests and don’t unfairly impact the other parent’s rights. Below, we address the key considerations and procedural requirements you should know if you plan to relocate before a final custody order is in place.
Why This Page Exists
- Situational Focus: Helps parents understand their options and obligations when contemplating a move during a pending divorce or an initial custody case in Colorado.
- Court Perspective: Explains how judges typically evaluate mid-case relocations to maintain fairness and protect the child’s well-being.
1. Initial Custody or Parenting Plan Considerations
- Proposing Relocation Terms: In Colorado, you can include proposed relocation language in your initial Petition for Dissolution of Marriage (Form JDF 1101) or a Petition for Allocation of Parental Responsibilities (Form JDF 1413) if you anticipate a move. Make sure to clearly detail the reasons for relocating and how you’ll maintain the child’s relationship with the other parent.
- Factors Courts Examine: Judges often look at the child’s emotional and educational needs, the good faith behind the move, and how it might affect the overall best interest standard under C.R.S. § 14-10-124.
2. Jurisdiction & Venue
- Where to File: If you or the child have already moved—or plan to move—before the divorce or custody case concludes, confirm which county and which state hold jurisdiction. Colorado’s version of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), C.R.S. § 14-13-101 et seq., helps determine if Colorado remains the “home state” for custody matters.
- Cross-Border Moves: If you relocate out of Colorado mid-case, the original court may retain authority to issue orders until it explicitly cedes jurisdiction or another court properly assumes it.
3. Mediation or Court-Ordered Parenting Classes
- Mandatory Mediation: Many Colorado courts require mediation (sometimes referred to as “alternative dispute resolution”) before deciding contested parenting matters. Even if your final decree isn’t in place, you may be instructed to attempt mediation if relocation is a point of dispute.
- Parenting Classes: Courts often mandate a Parenting Education Course (e.g., “CO-PARENTING CLASS” under local district rules) for divorcing or unmarried parents. Exceptions may apply in certain circumstances (e.g., domestic violence situations).
4. Impact on Temporary Orders
- Temporary Custody & Parenting Time: During divorce or parentage actions, courts can grant temporary orders to outline how parenting time and decision-making responsibilities are shared. If you propose relocating, you may need to request a Temporary Orders Hearing to address the move and any necessary revisions to these interim arrangements.
- Modifying Existing Temporary Orders: Should you receive a sudden job offer or face urgent circumstances, Colorado law allows you to file a Motion to Modify those orders. You must show that the change is in your child’s best interests and that it addresses an unforeseen or material shift in circumstances.
5. Filing Timelines & Notification Requirements
- Advance Notice: Colorado law (referencing C.R.S. § 14-10-129) generally requires a reasonable period of notice to the other parent if you intend to move the child’s primary residence. Provide as many details as possible—new address, phone number, reasons for moving, proposed parenting schedule, etc.
- Court Procedures: In addition to notifying the other parent, file any required documents with the court handling your case. If you fail to follow these steps, the judge may view your actions as lacking transparency or being in bad faith, which can influence custody decisions.
Why It Matters
When relocation occurs before a final decree, courts are especially vigilant. A child’s stability is a central concern, and any significant move can alter how often the child sees the other parent or accesses their usual routines. Colorado judges want to ensure both parents have a fair chance to be heard and that decisions align with C.R.S. § 14-10-124’s best interest factors rather than unilateral choices.
Practical Tips
- Coordinate with Legal Counsel: Consult a Colorado family law attorney who understands local district rules and can help you file the appropriate motions.
- Maintain Transparency: Notify the other parent promptly and offer a feasible parenting plan that preserves their relationship with the child.
- Document Everything: Keep thorough records of communications about the move, any financial or job-related documents supporting your relocation, and court filings that detail your request.
Cross-References
- State-Specific Statutes & Regulations (Section 1): Check references like C.R.S. § 14-10-129 for relocation requirements even before final orders.
- Court Process & Important Case Law (Section 2): Explore Colorado cases that clarify how judges rule on interim relocations.
- Evidentiary Tools & Resources (Section 5): Gather cost-of-living data, school information, or job details to support your relocation rationale.
By understanding Colorado’s legal procedures and notice requirements, you can navigate a mid-case relocation in a way that respects both the court’s and the other parent’s rights—ultimately keeping the child’s best interests at the forefront.