Moving Away With a Child in Colorado: Relocation Notice, Distance Rules and Burden of Proof
In Colorado, a party with whom the child lives most of the time must give the other party written notice, as soon as practicable, of a relocation that substantially changes the child’s geographical ties, with a proposed new parenting time plan. The court decides on the child’s best interests and hears it with priority.
What notice must a Colorado parent give before moving with a child?
A party with whom the child resides a majority of the time who is seeking to relocate with the child to a residence that substantially changes the geographical ties between the child and the other party must give the other party written notice as soon as practicable of the intent to relocate, the location where the party intends to reside, the reason for the relocation and a proposed revised parenting time plan (C.R.S. 14-10-129(1)(a)(II)).
| Question | What the statute says |
|---|---|
| Who gives notice | The party with whom the child resides a majority of the time who intends to relocate |
| When | As soon as practicable |
| What it says | The intent to relocate, the location where the party intends to reside, the reason and a proposed revised parenting time plan |
| Court | Hearing on a modification due to relocation gets priority on the court’s docket |
| Standard | The child’s best interests, taking into account all relevant factors, including domestic violence |
How does the court decide in Colorado?
On the child’s best interests, taking into account all relevant factors, including whether a party has committed an act of domestic violence, has engaged in a pattern of it or has a history of it, supported by a preponderance of the evidence (14-10-129(2)(c)). A hearing on a modification of parenting time due to an intent to relocate is given priority on the court’s docket.
Does a relocation make the usual change-of-circumstances rules easier in Colorado?
Yes. The usual rule is that the court retains the parenting time schedule from the prior decree unless the parties agree, the child has been integrated into the other family with consent, or the majority-time party intends to relocate with the child to a residence that substantially changes the geographical ties between the child and the other party (14-10-129(2)). The two-year bar on repeated motions also does not apply when a relocation is planned (14-10-129(1.5)).
Is there a distance rule in Colorado?
No mileage trigger appears in the statute; it speaks of a residence that substantially changes the geographical ties between the child and the other party. Ask a lawyer whether your move qualifies.
What if the other parent has the child most of the time in Colorado?
The notice duty belongs to the party with whom the child resides a majority of the time. A parent with a smaller share who moves is not covered by that notice sentence, but the move can still change the schedule, the overnights and the support; see the Colorado parenting time calculator.
Which court decides custody after a move in Colorado?
Colorado’s uniform child-custody jurisdiction law decides which state’s court can make or change a custody order, with home state meaning 182 consecutive days of living with a parent (C.R.S. 14-13-201).
What about support after a move in Colorado?
A longer distance can change the overnights and the credit. Recount and run the Colorado child support calculator. Ask the court for an order before moving if your order limits the move.
Frequently asked questions
Do I need to notify the other parent before moving with the child in Colorado?
A party with whom the child resides a majority of the time must give written notice as soon as practicable of a relocation that substantially changes the child’s geographical ties.
What must a Colorado relocation notice include?
The intent to relocate, where the party will live, the reason and a proposed revised parenting time plan.
How does Colorado decide a relocation?
On the child’s best interests, taking into account all relevant factors.
Is there a mileage rule for moving in Colorado?
No mileage trigger appears in the statute.
Does a Colorado relocation get a faster hearing?
Yes. A hearing on a parenting time modification due to relocation gets priority on the docket.
Official sources
- C.R.S. 14-10-124: best interests of the child
- C.R.S. 14-10-129: modification of parenting time; relocation
- C.R.S. 14-10-115: child support guidelines
- House Bill 25-1159: child support commission recommendations (Parenting Time Table)
- C.R.S. 14-13-201: initial child-custody jurisdiction
- C.R.S. 14-13-102: definitions, including home state
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Colorado statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Colorado attorney.