Colorado Relocation Cases

It is against Colorado public policy to permit the removal of a child from this State unless doing so would be in his or her best interests. If the parent with whom the child primarily resides intends to relocate the child to a distant place, that parent is legally required to provide the other party with written notice as soon as practicable of his or her intent to relocate, the location where the party intends to reside, the reason for the relocation, and a proposed revised parenting time plan. The other parent may then object or seek modification of physical custody. Hearings for relocation cases are given top priority on the court’s calendar.

The Court will analyze several factors such as the reasons for relocation, the history and quality of each party’s relationship with the child, educational opportunities for the child at the existing location and the proposed new location, the presence or absence of extended family at either location, the anticipated impact of the move on the child, whether a reasonable parenting time plan can be fashioned if the child is allowed to move, and whether the child’s present environment endangers the child’s physical health or significantly impairs his or her emotional development.

Decisions as to relocation are within the Court’s “sound discretion” but must be consistent with the express public policy of encouraging contact between the child and both of his or her parents.

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