Colorado Child Custody Laws for Moving Out of State

Under Colorado child custody laws, moving out of state with a child you share custody of requires either the other parent’s written consent or a court order approving the relocation. The rule comes from C.R.S. 14-10-129, and it applies even if you have equal parenting time. It also reaches some long-distance moves inside Colorado when the move would significantly change the child’s geographic tie to the other parent. Moving first and sorting it out later is not an option the statute leaves open.¹

Start With Written Notice to the Other Parent

Before anything is filed with a court, the parent planning the move must give the other parent written notice as soon as practicable. The notice must state where you intend to live, why you are moving, and a proposed revised parenting time plan.¹

Colorado does not put a specific number of days on this. “As soon as practicable” means as soon as you have a real plan. Sitting on the information until the last minute is one of the fastest ways to lose credibility with a judge, so put it in writing early and keep a copy.

Filing the Relocation Motion

The court process runs on Form JDF 1407, the Motion/Stipulation to Relocate Minor Children, available through the Colorado Judicial Branch.² You need an existing parenting time order before you can file. The motion goes to the district court that issued the original custody orders, either through the state’s e-filing system or in person at the clerk’s office.

The motion should speak directly to the factors the court will weigh: the proposed new address, a clear reason for the move, information about the child’s future school and community, and documentation to back it up. A signed job offer with a salary figure, enrollment paperwork from a specific school, or proof of extended family in the new location will carry the argument. Generic language about “better opportunities” will not.³

Proposing a Long-Distance Parenting Plan

The strongest part of any relocation motion is a workable long-distance parenting plan. Judges want to see that you’ve thought through how the other parent will keep a real relationship with the child from a distance. Cover how the child will travel (and who pays), how holidays and school breaks divide, and how routine communication between visits will work. A plan that gives the non-moving parent generous summer and holiday time, video calls on a set schedule, and a realistic travel arrangement is far more persuasive than one that treats the other parent as an afterthought.

If Both Parents Agree

When the other parent supports the move, the process is much shorter. Both parents can sign a joint stipulation on the same JDF 1407 form, spell out the new parenting schedule, and file it for court approval.² The court still reviews the agreement against the child’s interests, but a stipulation avoids the expense and uncertainty of a contested hearing. It is the outcome worth working toward.

Serving the Motion and the Response Window

Once filed, the motion has to be formally served on the other parent by a third party such as a process server or sheriff’s deputy. You cannot hand the papers over yourself. After service, the other parent typically has 21 days to file a written response, either consenting or laying out objections.

If the other parent objects, the case becomes contested. The court may order mediation before setting a hearing. Colorado law gives relocation hearings priority on the court’s docket, but priority does not mean fast; several months to a hearing date is common depending on caseload.¹

What the Court Weighs

At a contested hearing, the parent asking to move carries the burden of showing the relocation is in the child’s best interests. The statute directs the judge to weigh nine factors:¹

The reason for the proposed move.
The reason for the other parent’s objection.
Each parent’s relationship with the child based on how they’ve actually parented since the last order.
Educational opportunities at the current and proposed locations.
Extended family at each location.
Any advantages of keeping the child with the primary caregiver.
Anticipated impact of the move on the child.
Whether a workable revised parenting schedule is feasible.
Any other relevant factor.

The child’s own wishes count when the child is mature enough to give a reasoned preference. A teenager’s clear view can carry real weight; a five-year-old’s typically will not. The court must also determine whether either parent has committed domestic violence or has a documented history of it, evaluated under a preponderance-of-the-evidence standard, and that finding can shift the analysis significantly.

Child and Family Investigators

In contested relocation cases, the court can appoint a Child and Family Investigator to conduct an independent evaluation. The CFI interviews both parents, the child, teachers, and other people who know the family, then files a written report with a recommendation. Judges give these reports serious weight, and a recommendation against the move is difficult to overcome.⁴

After the hearing and any CFI report, the judge grants the relocation, denies it, or grants it with changes to the proposed parenting plan. When a move is approved, the schedule is usually restructured so the non-moving parent gets extended summer and holiday time to make up for lost weekly contact.

How a Move Affects Child Support and Travel Costs

A change in the parenting time split almost always triggers a child support recalculation. Colorado’s formula runs on each parent’s income and the number of overnights each parent has, so shifting from every-other-weekend to long summer and holiday blocks changes the numbers. Support can go up or down.

Travel costs are separate and catch many parents off guard. Under C.R.S. 14-10-115, the cost of transporting a child between the parents’ homes is divided in proportion to each parent’s adjusted gross income.⁵ For a cross-country move, that can run into thousands of dollars a year in airfare. Courts can also deviate from the standard support formula if relocation creates a substantial financial burden for either parent. Address travel costs directly in your proposed parenting plan rather than leaving it to the judge.

Safety Concerns and Address Confidentiality

Parents leaving a relationship that involved abuse may worry about disclosing a new address to the other parent. Colorado operates an Address Confidentiality Program through the Division of Central Services that gives qualifying survivors of domestic violence, stalking, or sexual assault a substitute address for public records. If this applies to you, talk to an attorney or a local domestic violence advocate about enrolling before you file relocation paperwork.

Moving Without Permission

Relocating with a child before you have either written consent or a court order is one of the worst moves a parent can make in a custody case. It violates existing orders and invites an immediate response. The other parent can file an emergency motion, and a judge is likely to order the child returned to Colorado right away.

The damage carries past the emergency. Judges treat unauthorized moves as evidence of bad faith. That can mean an order to pay the other side’s attorney fees and a restructured custody arrangement. In many cases the non-moving parent ends up designated as the primary residential parent, which is the opposite of what the relocating parent wanted.

Criminal Exposure

An unauthorized move can also be prosecuted. Under C.R.S. 18-3-304, violating a custody or parental responsibilities order with intent to deprive the other parent of custody is a class 5 felony, punishable by one to three years in prison and a fine of $1,000 to $100,000. Taking the child out of the country pushes it to a class 4 felony, with two to six years in prison and a fine of $2,000 to $500,000.⁶ Prosecutors do bring these cases, especially when a parent disappears across state or international lines.

Colorado also enforces the Hague Convention on International Child Abduction. If a child is taken to a country that is party to the treaty, the left-behind parent can go through the U.S. State Department to seek the child’s return, and Colorado courts can enforce a Hague return order as if it were a domestic custody determination.⁷

1
Justia Law. Colorado Revised Statutes Title 14 Section 14-10-129
2
Colorado Judicial Branch. Relocating Minor Children
3
Colorado Judicial Branch. Colorado Judicial Branch Form JDF 1407 – Motion/Stipulation to Relocate Children
4
Colorado Judicial Branch. CJD 04-08 Concerning Child and Family Investigators
5
FindLaw. Colorado Revised Statutes Title 14 Section 14-10-115
6
Justia Law. Colorado Revised Statutes Title 18 Section 18-3-304
7
Justia Law. Colorado Revised Statutes Title 14 Section 14-13-302