When parents divorce or separate, one of the most challenging situations that can arise is when one parent wants to relocate with the child. Whether you are considering a move across Colorado or out of state entirely, understanding how courts handle these situations is essential for protecting your parental rights and your child’s wellbeing.
The Best Interests of the Child Standard
In Colorado, the court’s primary focus in any custody determination is the best interests of the child. This standard applies whether parents are making their first custody arrangement or modifying an existing one. The court considers each parent’s ability to support the child emotionally, physically, and financially, as well as each parent’s willingness to encourage and maximize the child’s relationship with the other parent.
When both parents live close to each other, courts often favor arrangements that allow the child to spend roughly equal time with each parent. However, when significant distance is involved, this 50/50 approach becomes impractical. The court must then determine where the child will spend the majority of their time while still ensuring both parents maintain meaningful relationships with the child.
Initial Custody Determinations vs. Modifications
The legal process differs depending on whether this is the first time custody is being decided or whether there is already a parenting plan in place.
For initial custody determinations, even if one parent plans to live far away, the court simply applies the best interests standard. The court will determine where the child should primarily reside and create a parenting time schedule that works given the distance. This is similar to how the court would handle custody if the parents were staying close by, except that the expectation of equal parenting time must be set aside because the distance does not allow for it.
When there is already a custody order in place and one parent wants to relocate, the court applies a different and more rigorous standard. In these modification cases, the court must evaluate approximately 17 different factors and make specific findings on each one before deciding whether the relocation serves the child’s best interests. This process is more involved because the court is changing an existing arrangement that was presumably working for the child.
Moving Within Colorado vs. Out of State
Many parents assume that moving out of state creates significantly different legal challenges than moving within Colorado. In reality, the practical differences are often minimal. Colorado is a large state, and the corners of the state can be farther apart than many neighboring states are from each other. A parent moving from Denver to Durango faces similar logistical challenges as a parent moving from Denver to Salt Lake City.
The primary legal difference involves the initial divorce period. During an ongoing divorce case, mandatory court orders typically prevent either parent from removing the child from the state without court permission. The court cannot make the same restriction about moves within Colorado, but it can restrict out of state moves until a custody determination is made. Once the divorce is finalized and custody is established, the same relocation analysis applies whether the proposed move is within or outside of Colorado.
How Parenting Time Works After Relocation
Once a relocation decision is made, the court focuses on maximizing the time each parent has with the child, even though equal time is no longer feasible. The typical approach involves having the child attend school in the district where they primarily reside, while the other parent receives extended time during summers, school breaks, and holidays.
For example, if a child lives primarily with one parent during the school year, the other parent might have the child for most of the summer vacation plus alternating holidays and spring breaks. Courts and parents work together to find creative solutions that preserve both parent and child relationships despite the distance.
Decision Making and Communication
One area where distance matters less than many parents expect is joint decision making. Modern technology makes it possible for parents living far apart to continue making collaborative decisions about their child’s education, healthcare, extracurricular activities, and religious upbringing. Parents can review medical records online, communicate with teachers and coaches via email or video calls, and stay informed about their child’s daily life.
Courts recognize this reality and often allow joint decision making to continue even after relocation. However, the court may add provisions for emergency situations. For example, if a child needs emergency medical care while with one parent, that parent may be authorized to make necessary decisions without waiting to consult the other parent. These safeguards ensure that the child’s wellbeing is never compromised by the time or distance required to reach the other parent.
