A job offer in another state. A new spouse whose life is elsewhere. A family support network a thousand miles away. Relocation cases are widely regarded as the hardest in family law, because no ruling leaves both parents' lives intact — and Colorado's approach depends entirely on when the question arises.
During the Initial Divorce: Each Parent's Location Is Taken as Given
When the parenting arrangement is being decided for the first time, Colorado courts do not order a parent where to live. The Colorado Supreme Court held in Spahmer v. Gullette that at the initial determination, the court must accept each parent's chosen location and allocate parental responsibilities based on where each parent will actually be. A parent who intends to move to another state during the divorce is not required to justify the move; the court simply decides which parenting arrangement serves the child's best interests given that one parent will be in Colorado and the other will not.
That rule has a practical consequence. A parent who plans to relocate is often in a stronger position raising the issue during the divorce than after it, because the post-decree framework is considerably more demanding.
After the Decree: The Statutory Factors
Once a parenting order is in place, a majority-time parent who wishes to relocate in a way that substantially changes the geographical ties between the child and the other parent must proceed under C.R.S. § 14-10-129. The relocating parent must provide written notice as soon as practicable, stating the intended location, the reasons for the move, and a proposed revised parenting plan. If the other parent objects, the court decides.
Under the Colorado Supreme Court's decision in In re Marriage of Ciesluk, neither parent carries a presumption. The relocating parent is not presumed entitled to move with the child, and the non-relocating parent is not presumed entitled to keep the child in Colorado. The court weighs the statutory relocation factors together with the general best-interests factors. The relocation factors include:
- The reasons the parent wishes to relocate with the child
- The reasons the other parent objects
- The history and quality of each parent's relationship with the child since the prior order
- The educational opportunities for the child in the current and proposed locations
- The presence or absence of extended family in each location
- The advantages of the child remaining with the primary caregiver
- The anticipated impact of the move on the child
- Whether the court can fashion a reasonable parenting time schedule if the move is allowed
What the Court Is Really Deciding
The court is not deciding whether the parent may move — adults are free to live where they choose. It is deciding whether the child moves with that parent or the parenting arrangement changes so that the child remains. That framing matters, because a relocating parent must be prepared for the possibility that the answer is no, and must decide in advance whether the move happens anyway.
Long-Distance Plans Are Engineered, Not Improvised
When relocation is permitted, the parenting plan has to work across distance: extended summer and holiday blocks, travel logistics and who pays for them, virtual contact schedules, and the practical details of school calendars in two states. Courts look for a proposed plan that preserves the other parent's relationship meaningfully, and a relocating parent who presents a thoughtful, generous long-distance plan improves the odds substantially.
The Worst Strategy Is Surprise
Relocation cases are decided on preparation and credibility. A parent who gives early notice, articulates legitimate reasons, proposes a workable plan, and demonstrates a history of supporting the other parent's relationship presents well. A parent who announces a move after accepting the job, or who has already enrolled the child in a new school, has handed the other side its best argument.
Talk to a Denver Divorce Attorney Who Handles Complex Estates
Aaron Herzberg is a divorce attorney in Greenwood Village, Colorado, serving Denver and the Front Range, with more than 30 years of trial experience and a practice focused on high-net-worth and financially complex divorce. If a move is on your horizon — yours or your co-parent's — the time to get advice is before the plans are made.
Request a Consultation or call 303-507-5529
This publication is attorney advertising. It is educational information only, it is not legal advice, and it may not reflect the most current legal developments. Reading it does not create an attorney-client relationship. No attorney-client relationship exists until a conflicts check is complete and both parties have signed a written engagement agreement.
Read the full guide on DenverDivorce.com: Relocation & Move-Away in Colorado.
