More Information
Colorado Post-Decree Child Relocation: Overview & Key Information
Relocating with a child after a divorce or custody decree in Colorado can involve many legal and practical considerations. This page offers a concise overview to help parents, legal professionals, and other interested parties understand the key rules, processes, and resources available in our state.
Purpose of This Page
- Explain how Colorado courts typically handle child relocation requests following a custody decree.
- Provide quick links to deeper resources on statutes, legal procedures, and practical tools for relocation.
Introduction
In Colorado, courts look at more than just geography when deciding whether to approve a post-decree relocation. The child’s best interests remain at the heart of every decision. Factors like emotional stability, educational opportunities, and the feasibility of ongoing contact with the non-moving parent often guide a judge’s ruling. The information here covers essential Colorado statutes, outlines the court process, and points you toward practical resources if you’re relocating into or out of the state.
Key Factors Courts Often Consider
- Child’s Overall Well-Being – Judges assess the emotional and educational impact of the proposed move.
- Distance & Feasibility – How the move affects the current parenting plan and the ease of continued parent-child contact.
- Good Faith of the Moving Parent – Courts examine the reasons behind the relocation to ensure they align with the child’s welfare.
- Child’s Input (When Appropriate) – Depending on the child’s age and maturity, the court may take their preferences into account.
For more details on the legal process and important precedents, see the Court Process & Important Case Law section below.
1. State-Specific Statutes & Regulations
Colorado has specific laws governing custody modifications and relocation. Here are some highlights:
- Relocation Laws: Found mainly in Colorado Revised Statutes (C.R.S.) § 14-10-129, which outlines how parental responsibilities can be changed when one parent wishes to move.
- Civil Procedure Rules: These spell out filing requirements and notice deadlines, ensuring both parents have an opportunity to be heard.
- Custody Evaluators & Coordinators: Courts can appoint professionals (C.R.S. § 14-10-127) to provide neutral assessments.
- Mediation: Many counties encourage or require parents to attempt mediation before a relocation dispute moves to a formal hearing.
- Child Support Adjustments: A significant relocation might affect child support under C.R.S. § 14-10-115.
- Evidence Rules: The Colorado Rules of Evidence govern how testimony, expert reports, and documents are presented in court.
For the exact wording of Colorado laws, consult the Colorado Revised Statutes or speak with a legal professional.
2. Court Process & Important Case Law
When a parent requests to relocate, the process typically involves:
- Filing and Notification – The relocating parent submits the appropriate motion, and the other parent is formally notified.
- Mediation or Temporary Hearing – Colorado courts often require mediation or schedule a hearing to set temporary orders while the dispute is pending.
- Final Hearing or Trial – Each side presents evidence, and the judge issues a decision.
- Key Court Decisions – Cases like In re Marriage of Ciesluk (113 P.3d 135) and In re Marriage of Spahmer (113 P.3d 158) have shaped how judges view best-interest standards, good faith, and burden of proof in relocation cases.
Adherence to the Colorado Rules of Evidence is crucial. Testimony from custody evaluators and parenting coordinators can heavily influence the outcome, so parties should gather robust evidence and be prepared to present it effectively.
3. Relocating Into Colorado
If you’re moving to Colorado with a valid custody order from another state:
- Registering Out-of-State Orders – The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) allows you to domesticate an existing decree.
- Jurisdiction Questions – Colorado courts may assume authority if certain residency requirements or significant connections exist.
- Common Motivations – Often related to Colorado’s job market, family support, or specialized services for a child.
- Local Schools & Healthcare – From robust school districts to notable pediatric hospitals, Colorado offers numerous resources that may bolster a relocation request.
- Coordinating with the Other Parent – Even if the non-relocating parent remains elsewhere, consider workable long-distance or virtual visitation arrangements.
4. Relocating Out of Colorado
Leaving Colorado with a child post-decree involves additional steps:
- Notifying the Other Parent – State law typically requires advanced written notice, outlining details of the move.
- Court Approval – If disagreements arise, the court may hold a hearing to decide if the relocation serves the child’s interests.
- Updated Parenting Plan – The relocating parent should propose a schedule that accommodates long-distance visitation.
- Travel Logistics – Parents often rely on Colorado’s airports or public transportation to maintain frequent contact.
- Potential Penalties – Moving without proper notice or permission can lead to contempt of court or a revised custody ruling.
5. State-Specific Evidentiary Tools & Resources
Building a solid relocation case often requires practical data:
- Education & School Rankings – The Colorado Department of Education provides district performance and program details.
- Economic & Community Insights – Check the Colorado Department of Labor & Employment for job market stats and local cost-of-living info.
- Travel & Transportation – Denver International Airport and other hubs offer extensive flight options; lodging and travel costs can factor into long-distance parenting plans.
- Childcare & Healthcare – Databases of state-licensed daycare centers, pediatricians, and mental health providers are crucial for showing the move supports the child’s well-being.
Carefully compiling and presenting these resources in line with Colorado’s evidence rules can help demonstrate that a proposed move benefits the child.
6. Relocating When Divorcing or Establishing Custody
Add copy.
7. Relocating to Another State Without the Other Parent’s Knowledge or Consent
Add copy.
8. Enforcing & Modifying Long-Distance Parenting Plans
Add copy.
How to Use This Information
- Parents & Grandparents – Review your obligations, gather the right documents, and stay organized to comply with legal deadlines.
- Attorneys & Legal Professionals – Reference Colorado statutes and precedents when advising clients or preparing a case.
- Mental Health & Child Services Providers – Understand the legal framework so you can offer informed support or evaluations.
Need More Help?
- Colorado Judicial Branch: Official Court Website
- Colorado Legal Services: Free & Low-Cost Assistance
Important Note
This webpage is designed to offer general information about relocating with a child in Colorado. It does not replace legal counsel. For personalized advice that addresses your specific situation, please consult a licensed attorney.