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Child Relocation

Moving out of state with your child can be a wearisome process if you share custody with the other parent. Relocation custody actions can only be brought by a majority-parent or by a parent who shares an equal parenting-time schedule. The minority-parent may not bring a relocation action, but, instead, would bring a modification action, which applies very different standards from a relocation case.

If you are the primary parent or share equal parenting time and would like to relocate with your child, it is important that you consult with a family law attorney well in advance of your planned move. The court does not have the power to prevent a parent from relocating. However, the court’s power can prevent the child from relocating away from the other parent.  Relocation trials are one of the most complex child custody battles which is why it is important to hire a competent family law attorney who knows the ins and outs of relocation proceedings.

Relocation Process and Joint Custody

The standard for relocation proceedings can vary depending on if it is the initial decree or post decree. To learn more about the varying standards you can visit our Child Custody Relocation and Moving Out of State with Joint Custody page. It is important to note that in all matters concerning parental responsibilities and parenting time, be they pre- or post-decree, the best interests of the child are the primary consideration of the court. Some of the best interest factors as it pertains to relocating out of state with a child will include:

  • The reasons for the requested relocation
  • The reasons the other party objects to the relocation
  • The quality of the relationship between the child and each of the parents
  • The educational systems and prospects for the child in the current home versus the suggested new home
  • Whether there is extended family near the current home or if there will be family close by the suggested new location
  • How the move will impact the child
  • Whether quality parenting time visits can be afforded by the other parent

Relocating out of state with a child when you share custody with the other parent can have a profound impact of the lives of the parents and the child involved and the courts will not take a relocation case lightly. For this reason, it is important to consult with a family law attorney who has proven experience with child relocation cases.

Out of State Child Relocation

Relocating out of state with a child when you share custody with the other parent can have a profound impact of the lives of the parents and the child involved and the courts will not take a relocation case lightly. For this reason, it is important to consult with a family law attorney who has proven experience with child relocation cases.

Contact Child Relocation Lawyer

At the Cossitt Law Firm we practice exclusively in family law. We are skilled at representing parents who want to move with their children, and have drafted many long distance parenting plans. We will walk you through each step of your child relocation case. Call us today at 970-488-1887 to schedule a free consultation with one of our family law attorneys

We will walk you through each step of your child relocation case. Call us today at 970-488-1887 to schedule a free consultation with one of our family law attorneys.

Formerly known as child visitation, Parenting Time outlines the schedule and conditions under which each parent may see their children. Decision Making defines how major decisions for the children are to be made including those relating to the child’s health and education.

Modifying child custody orders can be necessary if or when either parent:

  • Is moving to a new residence (like in another city, county or state).
  • Has changed jobs or careers and has a substantially different work schedule
  • Has been diagnosed with a serious health ailment
  • Has remarried or had more children
  • Presents a risk or threat to a child’s safety, health or well being.

Colorado’s Child Prevention Abduction Act defines child abduction as the wrongful removal or wrongful retention of any minor child that violates the rights of custody or court-ordered rights of anyone to the allocation of parental responsibility, custody or parenting time. Anyone can violate these rights, including a parent.

If you have relocated to Colorado but were divorced in another state, you may be able to transfer your divorce case to Colorado for modification of maintenance, enforcement of your Court Orders, and even to address issues related to any child custody orders like modifying parenting time or child support.

The parenting time schedule will change based on the needs of the child. A Long Distance Parenting Plan will address custody with the child at both locations, how travel should occur, telephone and video contact, and much more.

When a parent wants to move with their child they should file a motion to relocate with the Court as soon as possible. Child relocation cases in Colorado are to be prioritized on the Court’s docket, but can still take months to get through the Court system.

Child Support is largely based on the incomes of the parents and the scheduled number of overnights. Often when a parent relocates with their child the number of scheduled overnights may change, and a modification of child support may be necessary.

Sharing your children with their other parent can be challenging around the holidays; however, with a holiday parenting time schedule that is crafted by a skilled attorney, the challenges can be reduced or avoided altogether to allow the parents and children the clarity and flexibility needed to meet the parent’s goals.


Top Child Custody Related Pages at Cossitt Law Firm

Parenting time schedule

Emergency Child Custody & Endangerment


Colorado offers a method for immediate relief when a child is at imminent risk of physical or emotional harm by a parent. The court can act immediately to suspend all unsupervised with the parent allegedly putting the child at risk and place them under emergency child custody with a legal guardian.

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Divorce couple reviewing parenting plan

Parenting Plan



As all families are unique, one form of parenting plan will not meet the needs of every family. The best parenting plan will be well developed and custom tailored to the individuals involved. Some parenting plans incorporate terms that will apply far into the future, as when a child emancipates into adulthood.
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Girl hugging mom after being dropped off at dad's house

Modification of Child Custody


As life changes, child custody orders may no longer fit your needs or circumstances. When this occurs, seeking a child custody modification can be necessary to officially change court orders related to parenting time and/or decision-making responsibilities.

Read More

Parenting Time Articles

Son & Father playing together during a visitation.

Guide to Parenting Time


Formerly known as child visitation, Parenting Time outlines the schedule and conditions under which each parent may see their children

Read More
Holiday Parenting Time

Holiday Parenting Time


What holidays do you celebrate and how do you enjoy them? We can assist with crafting a holiday parenting time schedule to meet the needs of everyone involved.
Read More
Parenting time schedule

Parenting Time Schedules


Every child custody case will have a parenting plan that details the schedule so each parent may enjoy parenting time with their child. The schedule is commonly broken into three categories.
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Parenting via an iPad

Long Distance Parentings


When parents relocate away from one another, the schedule should be molded to the accommodate logistics, travel costs, and the quality time between parents and children.
Read More

Fort Collins Divorce & Child Support Attorneys

Tom Cossitt

Tom Cossitt, Esq.

Family Law
Suzanne Ewy

Suzanne Ewy, Esq.

Family Law
Carla Jaquess

Carla Jaquess, Esq.

Family Law
Jenna Hardesty

Jenna Hardesty, Paralegal

Family Law

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