Parental Relocation in Colorado
Few issues in family law generate more anxiety—or more litigation—than a parent's request to relocate with the children. A move that requires a substantial change in geographical ties between a child and the other parent affects every aspect of the existing parenting plan and can fundamentally reshape the parent-child relationships involved. At Neiley Law, we represent parents on both sides of relocation disputes throughout Carbondale and Rifle.
Whether you are a parent who wants to move for a new job, a remarriage, family support, or other compelling reasons, or a parent who needs to oppose a move that would dramatically reduce your time with your child, the legal standard, the procedural requirements, and the strategic considerations are different from any other custody dispute. Relocation cases require thorough preparation, careful analysis, and skilled advocacy.
Colorado's Relocation Statute
Colorado addresses relocation in C.R.S. § 14-10-129. The statute applies when a parent with majority parenting time intends to relocate with the child to a residence that substantially changes the geographical ties between the child and the other parent. Notably, the statute does not specify a particular distance—the question is whether the move would substantially affect the existing parenting arrangement, not whether the move crosses a particular mile threshold.
A move from Carbondale to Grand Junction may or may not trigger relocation analysis depending on the existing parenting plan. A move from Aspen to Denver almost certainly will. Out-of-state moves nearly always trigger the statute.
Notice Requirements
The relocating parent must give written notice to the other parent as soon as practicable after the relocating parent becomes aware of the intent to relocate. The notice must include the location of the proposed new residence, the reason for the relocation, and a proposed revised parenting plan. Once notice is given, the non-relocating parent has the opportunity to object and request a hearing.
Failure to comply with notice requirements can result in serious consequences, including findings of contempt, awards of attorney's fees, and adverse inferences in the relocation proceeding itself. We strongly advise relocating parents to comply scrupulously with notice requirements and to involve counsel as early as possible in the relocation process.
Best Interests Factors for Relocation
When relocation is contested, the court must determine whether the move is in the best interests of the child. C.R.S. § 14-10-129(2)(c) lists nine specific factors the court must consider in addition to the general best interests factors:
- The reasons why the party wishes to relocate with the child
- The reasons why the opposing party is objecting to the proposed relocation
- The history and quality of each party's relationship with the child since any previous parenting time order
- The educational opportunities for the child at the existing location and at the proposed new location
- The presence or absence of extended family at the existing location and at the proposed new location
- Any advantages of the child remaining with the primary caregiver
- The anticipated impact of the move on the child
- Whether the court will be able to fashion a reasonable parenting time schedule if the change requested is permitted
- Any other relevant factors bearing on the best interests of the child
These factors are evaluated on a case-by-case basis, and no single factor is dispositive. Courts look at the totality of the circumstances to determine whether the move serves the child's best interests.
The Spahmer Standard
The Colorado Supreme Court's 2006 decision in In re Marriage of Spahmer significantly shaped relocation analysis. Spahmer rejected the older "Francis presumption" that favored relocation by the primary residential parent and held that courts must conduct a true best interests analysis without presuming in favor of either party. The court must consider the move as proposed—the parent is not required to give up the move and stay in Colorado as a precondition to keeping primary parenting time.
This means the court is essentially presented with a binary choice: either the child relocates with the moving parent, or the child stays in Colorado—potentially with a change in primary residential parent if that is what serves the child's best interests. Courts cannot generally order a parent to remain in their current location, but they can determine where the child will live.
Building a Strong Relocation Case
For the parent seeking relocation, success typically depends on demonstrating compelling reasons for the move and a thoughtful plan for maintaining the child's relationship with the non-relocating parent. Strong relocation cases generally include:
- A specific, well-documented reason for the move (job offer, family support, remarriage, healthcare needs)
- Evidence that the new location offers genuine advantages for the child (schools, extended family, opportunities)
- A detailed proposed parenting plan that maximizes the non-relocating parent's time during school breaks and vacations
- Concrete logistics for travel, exchanges, and ongoing communication
- Evidence of the relocating parent's commitment to fostering the child's relationship with the other parent
Defending Against Relocation
For the parent opposing relocation, success typically depends on demonstrating that the move would significantly harm the child's relationship with the non-relocating parent and undermine the child's stability. Strong opposition cases generally include:
- Evidence of the existing strong relationship between the child and the non-relocating parent
- Evidence that the child is well-established in the current location (school, friends, activities, extended family)
- Concerns about the proposed new location (schools, environment, support systems)
- Questions about the relocating parent's motivations or commitment to the child's relationship with the other parent
- A proposed alternative parenting plan in the event the court keeps the child in Colorado
Pre-Decree Relocation
The Colorado Supreme Court has held that pre-decree relocation cases (where parents are still in the original divorce or APR proceedings) are governed by the general best interests standard rather than the relocation-specific factors of § 14-10-129. In pre-decree cases, both parents are starting from the same position, and the court is determining where the child will live for the first time rather than evaluating a proposed change to an existing arrangement.
Practical Considerations
Relocation cases require careful timing and preparation. A parent who is contemplating a move should consult with an attorney before making commitments to a new job, signing a lease, or telling the children about the plan. Premature actions can create complications that are difficult to undo and can undermine the relocation case.
Parents opposing relocation should also act quickly. The window for objecting to a proposed move is short, and failure to object promptly can have legal consequences. Early consultation with experienced counsel helps ensure that all available options are preserved.
Why Choose Neiley Law
Relocation cases are among the most consequential matters in family law. The outcomes affect children, parents, extended families, and entire support systems. Our boutique practice provides the personal attention, strategic thinking, and skilled advocacy needed to navigate these high-stakes disputes effectively.
Contact Our Relocation Attorneys
If you are considering a move with your children or facing a proposed relocation by your co-parent, contact Neiley Law immediately for a consultation at our Carbondale or Rifle office. Visit our Family Law page for more information.