How to Legally Move Out of Colorado with Your Child: Relocation Laws & Timelines
Moving a child out of Colorado after a custody order requires strict court approval under C.R.S. § 14-10-129. You must file a formal motion, pay a $105 filing fee, and prove the move is in the child's best interests.
Life changes rapidly after a divorce. You might receive a lucrative job offer in another state, meet a new spouse, or receive military orders requiring you to leave Colorado. However, if you already have a formal Allocation of Parental Responsibilities (custody order) in place, you cannot simply pack your bags and move your child across state lines. Colorado courts fiercely protect a child's relationship with both parents, and relocating out of state significantly disrupts that bond.
This comprehensive guide details the complex process of out-of-state relocation post-decree in Colorado. We will explore the strict legal timelines, how the court weighs specific micro-scenarios like military moves or job promotions, and how a non-custodial parent can legally object. Because relocation cases are highly contentious and deeply emotional, we strongly advise you to browse our US Attorney directory to find an experienced family lawyer in Colorado to handle your litigation.
Step-by-Step Process to Relocate in Colorado
Whether your original custody case was heard in the Denver District Court, Denver, Aurora, or Fort Collins, the post-decree relocation process requires following strict statutory procedures. Attempting to move without permission is considered parental kidnapping and will severely damage your custody rights.
Step 1: Providing Written Notice
Under C.R.S. § 14-10-129(1)(a)(II), you must provide the other parent with written notice of your intent to relocate as soon as practicable. The notice must include the location of the proposed new home, the reason for the move, and a proposed revised parenting plan using Form JDF 1113, Colorado, Judicial Branch, Parenting Plan detailing how the other parent will maintain contact with the child (e.g., spending all summers and holidays with the non-relocating parent).
Step 2: Filing the Motion to Relocate
If the other parent does not agree to the move, you must file a formal motion using Form JDF 1407, Colorado, Judicial Branch, Verified Motion/Stipulation to Relocate Minor Child(ren) with the exact District Court that issued your original custody orders. Along with the motion, you will submit your proposed parenting plan and a sworn affidavit explaining why the move serves the child's best interests under C.R.S. § 14-10-129(2)(c).
Step 3: Attending the Evidentiary Hearing
Because the stakes are so high, judges rarely decide relocation cases on paperwork alone. The court will schedule a formal evidentiary hearing. At this hearing, as established by the Colorado Supreme Court in In re Marriage of Ciesluk, 113 P.3d 135 (CO Supreme Court 2005), the judge will weigh the nine statutory factors under C.R.S. § 14-10-129(2)(c) alongside the best-interest factors in C.R.S. § 14-10-124, including educational opportunities in the new state, the presence of extended family, and the impact of the move on the child's relationship with the parent remaining in Colorado.
Specific Micro-Scenarios for Relocation
Judges analyze the "why" behind every move. Some reasons hold significantly more legal weight than others.
Military PCS Moves (Fort Carson / Buckley SFB)
Colorado is home to massive military installations. If you are an active-duty service member who receives Permanent Change of Station (PCS) orders, the court understands you have no choice but to move. However, you still cannot automatically take the child with you. The court must still decide if it is better for the child to follow you to the new duty station or stay in Colorado with the civilian co-parent. The federal 50 U.S.C. § 3932 may also provide specific protections regarding court dates.
Moving for a Higher-Paying Job
A frequent reason for relocation is a significant career advancement. If you are offered a job in Texas that doubles your salary, you must prove to the court how that extra income directly benefits the child (e.g., funding college, better housing, better schools). Moving laterally for the exact same pay simply for a change of scenery is much harder to justify to a judge.
Relocating to be Closer to Extended Family
Many newly divorced parents wish to move back to their home state to rely on grandparents for childcare and emotional support. Colorado judges generally view a strong extended family support system as a major positive factor for the child, especially if the current childcare costs in Colorado are causing extreme financial hardship.
How a Non-Custodial Parent Can Legally Object
If you are the parent staying in Colorado and you want to block the move, you must act quickly. Once you receive the written notice, you should immediately file a formal response under C.R.C.P. 121 § 1-15 using Form JDF 1315, Colorado, Judicial Branch, Response to Motion. Your attorney will argue that the move is purely selfish, that the new school district is inferior, or that the relocation is a malicious attempt to alienate you from the child. Requesting a Child and Family Investigator (CFI) under C.R.S. § 14-10-116.5 to evaluate the situation is a common strategy to pause the move.
How Much Does a Relocation Case Cost?
Relocation disputes are essentially full custody trials, making them one of the most expensive post-decree actions in family law.
| Legal Service / Expense | Estimated Cost in Colorado |
|---|---|
| District Court Filing Fee (Motion to Modify) | $105 (under C.R.S. § 13-32-101(2)) |
| Child and Family Investigator (CFI) | Capped at $3,250 (under Colo. Chief Justice Directive 04-08, § III(A)(1)) |
| Mediation Services (Mandatory in most counties) | $150 to $300 per hour |
| Attorney Fees (Full Relocation Trial) | $5,000 to $15,000+ |
How Long Does the Relocation Process Take?
Because the court calendar in busy jurisdictions like Denver or El Paso County is often packed, obtaining a date for a full evidentiary relocation hearing can take anywhere from 4 to 9 months. If you are offered a job that requires you to start in 30 days, it is highly unlikely the court will grant permission that quickly. You must plan your relocation request months in advance.
Frequently Asked Questions (FAQ)
Can I move if I have sole legal and physical custody?
Even if you have primary physical care, you generally cannot move the child out of state without court permission or the written consent of the other parent. The non-custodial parent still has a constitutional right to reasonable parenting time.
What happens if I move without telling the court?
Moving a child across state lines without a court order or written consent is a massive violation. The judge can hold you in contempt of court, issue an emergency order demanding the immediate return of the child to Colorado, and transfer primary custody to the other parent.
Who pays for the travel costs if I am allowed to move?
The court will determine how travel expenses are split under C.R.S. § 14-10-115(11). Often, the judge will require the parent who chose to relocate to bear the majority of the financial burden for flying the child back to Colorado for summer and holiday visits.
Do I need permission to move within Colorado?
Generally, minor moves (e.g., from Denver to Aurora) do not require formal relocation proceedings unless the move significantly impairs the other parent's ability to exercise their parenting time. However, moving from Denver to Grand Junction would likely trigger a modification request under C.R.S. § 14-10-129.
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