Relocating out of state can be an exciting opportunity, whether it is for a new job, family support, or a fresh start. However, if you share custody of a child in Colorado, moving out of state is not a simple decision. Colorado law places a strong emphasis on protecting the child’s best interests, and any proposed move that affects parenting time is closely scrutinized by the court.
Parents in Denver and throughout Colorado often ask whether they are allowed to move out of state when custody is shared. The short answer is that it depends on several legal factors, and court approval is often required. Understanding how relocation laws work can help you avoid costly mistakes and protect your parental rights.
How Colorado Law Treats Parental Relocation
Under Colorado law, a parent who shares custody, also known as parental responsibilities, cannot simply relocate out of state if the move would substantially change the existing parenting plan. Even if one parent has primary residential responsibility, a significant move can still require court involvement.
The law is designed to prevent one parent from unilaterally disrupting the child’s relationship with the other parent. Courts recognize that relocation can affect school stability, emotional well-being, and the child’s ability to maintain meaningful contact with both parents.
Relocation issues commonly arise when:
- A parent wants to move out of Colorado
- The move significantly increases travel distance
- Parenting time schedules would need to change
- The other parent objects to the move
Do You Need Permission to Move Out of State?
In most shared custody situations, yes. If the other parent agrees to the move, the parents can submit a modified parenting plan to the court for approval. Even with agreement, the court must still determine that the relocation is in the child’s best interests.
If the other parent does not agree, the parent seeking to move must file a formal request with the court. Until the court grants permission, relocating with the child could violate the existing custody order and result in serious legal consequences.
Moving without approval may lead to:
- Contempt of court allegations
- Modification of custody or parenting time
- Damage to your credibility as a parent
- Potential orders requiring the child’s return
How Courts Decide Relocation Requests in Colorado
When a relocation request is contested, the court conducts a detailed analysis focused on the child’s best interests. The judge does not automatically favor either parent. Instead, the court weighs multiple factors to determine whether the proposed move is reasonable and beneficial for the child.
Factors courts commonly consider include:
- The reasons for the proposed move
- The reasons the other parent opposes the move
- The child’s relationship with each parent
- The impact on the child’s education and stability
- The feasibility of maintaining parenting time
- The child’s wishes, depending on age and maturity
The parent requesting relocation generally carries the burden of showing that the move serves the child’s best interests, not just their own.
Does Shared Custody Make Moving More Difficult?
Shared custody can make relocation more challenging, especially when parenting time is evenly divided. Courts are often reluctant to approve moves that significantly reduce one parent’s involvement in the child’s daily life. This does not mean relocation is impossible, but it does mean the request will be closely examined.
Parents with shared custody should be prepared to present a realistic and detailed plan that shows how the child will continue to have meaningful contact with the non-moving parent. This may include extended parenting time during school breaks, virtual communication, and detailed travel arrangements.
A strong relocation plan often addresses:
- Revised parenting schedules
- Transportation and travel costs
- School and childcare arrangements
- Methods for regular communication with the other parent
What If You Have Primary Custody?
Even if you are the primary custodial parent, you may still need court approval to move out of state. Having primary custody does not give automatic permission to relocate if the move would substantially impact the other parent’s court-ordered parenting time.
Courts recognize that primary custodial parents may have legitimate reasons for moving, such as employment opportunities or support from extended family. However, those reasons must be balanced against the child’s need for stability and ongoing relationships.
Each case is fact-specific, and outcomes can vary based on the details presented to the court.
How Moving Without Approval Can Affect Custody
Relocating without following the proper legal process can seriously harm your custody case. Courts expect parents to respect existing orders and to seek permission before making major changes that affect a child’s life.
Judges may view an unauthorized move as evidence that a parent is unwilling to co-parent or support the child’s relationship with the other parent. In some cases, this can lead to a modification of parental responsibilities in favor of the non-moving parent.
Protecting your custody rights means understanding and following the legal process, even when a move feels urgent.
How a Family Law Attorney Can Help With Relocation Issues
Relocation cases are among the most complex and emotionally charged issues in family law. An experienced attorney can help you understand your options, prepare the necessary court filings, and present a strong case focused on your child’s best interests.
At Littman Family Law, our child custody representation includes helping parents address relocation requests, parenting plan modifications, and disputes involving shared custody. We work to protect your rights while keeping the focus on your child’s well-being.
Legal guidance can be especially important when:
- The other parent objects to the move
- The relocation significantly affects parenting time
- You anticipate a contested court hearing
- You want to avoid mistakes that could harm your case
Get Guidance Before Making Any Decisions
If you are considering moving out of state and share custody in Colorado, it is critical to seek legal advice before taking action. Every relocation case is different, and the steps you take early can have long-lasting consequences for your relationship with your child.
At Littman Family Law, we have experience helping parents throughout Denver and Colorado navigate complex custody and relocation issues. We understand how stressful these situations can be and are committed to helping you move forward with clarity and confidence. If you have questions about relocating with shared custody, contact us today to discuss your situation and learn how we can help.
