Relocation After Divorce in Colorado
You got a job offer in another state. Or your new partner lives in Phoenix. Or you just want to be closer to your family in Texas. Whatever the reason, you want to move—and you want to take your children with you.
In Colorado, that’s not your decision to make unilaterally. Relocation with children is one of the most heavily litigated areas of family law, and the rules are strict.
The Legal Standard
If you want to relocate with your children and the other parent objects, you must file a motion with the court. The burden is on the relocating parent to demonstrate that the move is in the child’s best interests—not just in the relocating parent’s interests. The court considers the reasons for the move, the reasons for the opposition, the impact on the child’s relationship with the non-relocating parent, whether a revised parenting plan can preserve that relationship, and the child’s ties to the current community.
This is a high bar. Courts are reluctant to uproot children from established communities, schools, and relationships with the other parent. A legitimate job opportunity carries more weight than a desire to “start fresh.” A move across the state is different from a move across the country.
What Doesn’t Work
Moving first and asking permission later. If you relocate without the other parent’s agreement or a court order, you are violating the parenting plan. Courts view this as a serious problem—and it can undermine your custody position going forward. Don’t do it.
Framing the move as something you’re doing “for the kids” when it’s really about your personal situation. Judges can see through this. Be honest about your reasons and let the evidence stand on its own.
Relocation cases are emotionally charged and legally complex. If you’re considering a move, consult with a family law attorney before you make any plans. At Burnham Law, we handle relocation matters regularly and can advise you on the strength of your case before you file.