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Colorado Guidelines for Parents Relocating Out of the State
When a parent in Colorado intends to move out of state with a child after a custody decree, it’s important to follow the correct legal steps. This page explains how to notify the other parent, when you need court approval, and how to update parenting plans to accommodate a move. By understanding these requirements, you can help ensure a smoother transition and avoid potential legal complications.
Introduction
Under Colorado law, a relocating parent generally must give formal notice to the other parent—and possibly secure court permission—before moving a child out of state. Failing to comply can lead to serious consequences, including sanctions or changes to custody arrangements. Below, we outline the main elements of the relocation process, along with practical advice and resources to guide you.
1. Notice Requirements & Court Approval
Colorado emphasizes clear communication with the non-relocating parent:
- Notification Deadlines
- You may need to provide a certain number of days or weeks’ notice before the intended move date. Check local court rules or Colorado statutes (e.g., C.R.S. § 14-10-129) for specifics.
- How to Serve Notice: Typically, formal service is required. This might involve sending certified mail or hiring a process server. Ensure you keep proof of service.
- Court Permission
- If the other parent objects, you may need a court hearing to decide whether relocation is in the child’s best interest.
- Necessary forms (like a “Motion to Relocate”) and instructions are often available on the Colorado Judicial Branch website. Refer to Section 1: State-Specific Statutes & Regulations for more on filing procedures.
2. Common Reasons Parents Move Out of State
Parents relocate for a variety of legitimate, good-faith reasons, such as:
- Career or Job Transfers: An employment opportunity in another state may improve financial stability for your family.
- Remarriage or Extended Family Support: Living closer to relatives can provide better childcare options or emotional support.
- Educational Opportunities: Specialized programs or higher-ranked schools might offer significant benefits for your child.
- Economic or Lifestyle Improvements: Lower living costs or a more suitable environment (e.g., climate, culture) can also influence relocation decisions.
Clearly documenting these factors can help demonstrate good faith to the court.
3. Proposing a Modified Parenting Plan
If your move is approved or likely to be approved, you’ll need to revise your existing parenting plan to reflect the new distance:
- Drafting a New Schedule
- Consider how weekends, holidays, and summer visitation will work. You may need to incorporate virtual parenting time (via Zoom or FaceTime) to maintain regular contact.
- Balancing Rights & Responsibilities
- The child’s other parent retains the right to meaningful involvement in the child’s life. Strive for a plan that respects that bond.
- Filing the Modified Plan
- Submit your proposed changes to the court for official approval. Check local rules for filing fees and deadlines.
- For statutory references, see Section 1: State-Specific Statutes & Regulations and Section 2: Court Process & Important Case Law.
4. Local Resources that Assist with Long-Distance Parenting
You’ll likely rely on a mix of transportation and technology to keep the child’s relationship with the other parent healthy:
- Transportation Hubs
- Airports like Denver International Airport or Colorado Springs Airport may be used for regular flights. Train or bus services can also be part of a feasible arrangement.
- Community Programs & Support
- Parenting workshops, support groups, or counseling services can help families adjust to long-distance arrangements.
- Virtual Visitation Tools
- Apps like OurFamilyWizard or standard video-calling tools can ensure frequent communication. For tips on using these tools in court, see Section 5: State-Specific Evidentiary Tools & Resources.
5. Consequences for Non-Compliance
Ignoring or bypassing relocation requirements can have serious consequences:
- Contempt of Court
- Judges may impose fines, force a return of the child, or issue other sanctions if you relocate without proper notice or approval.
- Custody Modifications
- If the court views the move as irresponsible or harmful to the child’s relationship with the non-moving parent, it may reduce your parental responsibilities or allocate more time to the other parent.
- Impact on Future Relocation Cases
- A record of failing to follow procedures can negatively affect any subsequent relocation requests.
Practical Tips
- Plan Ahead: Give yourself plenty of time to file documents, serve notice, and address any objections before your move date.
- Document Everything: Keep records of your communication with the other parent, including emails and texts about your move.
- Seek Professional Advice: Consult an attorney or mediator to draft a clear, balanced parenting plan that aligns with Colorado’s standards.
References & Additional Resources
- Colorado Judicial Branch
- Required Notice/Relocation Forms: Look for forms like “Motion to Relocate” or “Motion to Modify Parenting Time.”
- Statutes Governing Out-of-State Moves: Colorado Revised Statutes (See C.R.S. § 14-10-129 for relocation)
Disclaimer
This page is intended for informational purposes only and does not constitute legal advice. For guidance tailored to your specific situation, please consult a licensed Colorado attorney.
Relocating out of Colorado with your child is a significant decision. By understanding notification rules, pursuing necessary court approvals, and crafting a workable parenting plan, you’ll be better positioned to demonstrate that the move aligns with your child’s best interests while respecting the rights of the other parent.