Relocation is often a significant event for families, especially when a parent has shared custody of a child. In Colorado, moving to a new city or state can complicate an already complex child custody arrangement. The relocation might impact parenting time, decision-making responsibilities, and the overall well-being of the child. For this reason, Colorado law closely monitors relocations involving custodial parents to ensure that the move serves the best interest of the child.
Understanding how relocation affects child custody requires careful consideration of the legal requirements, the court’s decision-making process, and the challenges that may arise for both parents. Anyone planning to move with their child should become familiar with Colorado’s rules regarding custody and relocation to avoid legal complications.
As always, it’s also a good idea to consult with a lawyer before making any changes to your life that could affect your custody agreement.
Relocation Notice Requirements
Before a custodial parent can relocate with a child in Colorado, they must follow strict legal protocols. One of the most important steps is to notify the other parent about the planned move.
Colorado law mandates that the custodial parent notify the non-relocating parent at least 60 days before the intended move. Once given notice, the other parent has 30 days to file a motion and affidavit if they object to the relocation.
The notice must include the following information:
- The reason for the relocation
- The proposed new location and address
- A proposed plan for modified parenting time, if applicable
Failing to provide proper notice could result in legal penalties or the court denying the relocation request. Both parents are encouraged to work together on adjustments to the custody agreement, though disagreements often arise. If the parents cannot agree, the court will step in to decide what arrangement best suits the child.
Factors Considered by the Court
When a relocation dispute reaches the court, the judge’s primary concern is the well-being of the child. Colorado courts take several factors into account to determine whether the relocation is in the child’s best interest. These factors are weighed carefully to ensure that the move will not disrupt the child’s life unnecessarily or damage their relationship with the non-relocating parent.
Some of the factors considered include:
- The reasons behind the proposed move
- The impact on the child’s educational and social life
- The child’s relationship with both parents
- The ability of the non-relocating parent to maintain meaningful contact
- The mental and physical health of everyone involved
The court will consider all relevant details before making a final decision. If the judge believes the move will benefit the child or that it’s necessary, the relocation may be approved.
How Relocation May Affect Parenting Time
A move, especially a long-distance one, will almost certainly change the parenting time arrangements. Relocation can disrupt the regular schedule parents have with their child, making it harder for the non-relocating parent to maintain frequent contact. Overall, Colorado courts aim to adjust the parenting plan in a way that keeps both parents involved in the child’s life.
Some common adjustments to parenting time due to relocation include:
- Extended visitation periods during school breaks
- Alternating holidays
- Virtual communication, such as video calls
The goal is to create a new schedule that supports the child’s need for stability while ensuring they still have a meaningful relationship with both parents. However, a parent should never assume they can move without legal approval, even if they have full custody. The non-relocating parent’s rights and the child’s interests must always be considered.
We Can Offer Legal Support
Understanding your rights and responsibilities under Colorado law is essential if you're considering a move or facing a relocation dispute. The legal process can be challenging, but following the correct steps can help avoid unnecessary complications and protect your relationship with your child.
Our experienced family law attorneys at Clawson & Clawson, LLP are here to guide you through this process. Whether you need help negotiating with the other parent or advocating for your rights in court, we can provide the legal support you need.
Contact us today to schedule a consultation and get the legal support your family needs.