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Divorce Guide No. 7 — After the Decree · After Divorce

Relocating with Children After a Colorado Divorce

A new job, a new partner, family back home — and a parenting order that doesn't move with you. What Colorado law requires before anyone relocates with the kids.

Charles E. Liken Jr., Esq. — On Colorado's Legal Front Lines Since 1995 · Government Investigator, Denver Human Services (1997–2003) · Licensed Colorado Attorney Since 2003 ~ 20+ Years in Private Practice · Colorado Deputy District Attorney (2018–2020) · Colorado Court-Appointed Child and Family Investigator

The relocation reality check

Move-away cases are the hardest fights in family law — one parent's opportunity is the other's lost Tuesdays. And be realistic: the law may start with no formal presumption, but a child's roots are a head start. A ten-year-old who has spent every year of life in Colorado — school, friends, grandparents, teams — is a powerful argument for staying put, and judges know it. The moving parent needs a concrete, child-centered case, not just a better job offer.

1

Notice comes first — always

A majority-time parent intending to relocate must give the other parent written notice as soon as practicable: the new location, the reasons, and a proposed revised parenting plan. Springing a move on the other parent poisons the case.

Where LLF comes in: We draft notice that satisfies the statute and starts the negotiation on your terms — or respond to notice before the boxes get packed.

2

No presumptions, no shortcuts

Under Ciesluk, Colorado courts give no presumption to either parent in post-decree relocation. The moving parent doesn't have to prove the move is necessary; the staying parent doesn't get a veto. The child's best interests decide.

Where LLF comes in: We build the factor-by-factor record — reasons for and against, family networks, schools, economics, and a workable long-distance schedule.

3

Before decree vs. after decree — different games

During the initial case, the court accepts where each parent intends to live and allocates parenting accordingly. After the decree, changing the child's geography requires the full relocation analysis. Timing your case matters.

Where LLF comes in: If a move is realistically coming, we position it honestly from the start rather than litigating it twice.

4

Distance is measured in the child's life

“Relocation” means a move that substantially changes the geographical ties between child and parent — Longmont to Loveland is a logistics conversation; Longmont to Phoenix is a case.

Where LLF comes in: We separate the moves that need a motion from the ones that need a calendar adjustment — before positions harden.

5

Moving without permission

Relocating the children without agreement or court order invites emergency return orders, contempt, and a lasting credibility wound that follows you through every future hearing.

Where LLF comes in: If the other parent already left with the kids, we move immediately — jurisdiction and speed decide these.

Ready when you are — talk it through with Charles.

Your choice: no-charge 20-minute phone call OR in-depth hour ($300) — both directly with Charles.

Quick answers

Can I move out of state with my child after divorce in Colorado?

Only with the other parent's agreement or a court order. A majority-time parent must give written notice with the new location, reasons, and a proposed parenting plan; contested moves are decided on the child's best interests.

Does Colorado favor the parent who wants to move?

No. Colorado law gives no presumption for or against relocation post-decree — the moving parent need not prove the move is necessary, and the other parent gets no automatic veto.

What if the other parent moved with the kids without permission?

Act immediately: courts can order the children returned, modify parenting time, and impose contempt sanctions — and delay damages your position.

How far away counts as relocation?

Colorado measures it functionally: a move that substantially changes the geographical ties between the child and the other parent triggers the relocation framework, whatever the mileage.

Building the Case

What wins (and loses) move-away cases

Winning relocation cases are built on specifics: the actual job offer with numbers, the actual school with enrollment data, the actual house, the actual flight schedule and cost for parenting time, the actual extended family on the ground. Vague better-life claims lose.

Opposing a move isn't about punishing ambition — it's about the child's web of relationships: coaches, cousins, school continuity, and a present, involved parent. The parent who shows up with a detailed alternative plan beats the parent who just says no.

Step by step

  • 1 · Written notice & proposed plan — Location, reasons, revised schedule — as soon as practicable, in writing.
  • 2 · Negotiate / mediate — Many relocations resolve with creative schedules: school-year vs. summer blocks, travel cost allocation, virtual contact.
  • 3 · Motion & hearing — Contested moves get expedited priority; evidence on the statutory factors decides.
  • 4 · The new long-distance plan — Block schedules, travel logistics, make-up time, and communication orders drafted to survive real life.
Watch: Evidence: What Is It?Relocation hearings are evidence fights — get the basics down first — free official Colorado videos, in plain English.

Long-distance parenting can actually work

The parents who make it work trade frequency for depth — longer uninterrupted blocks, guaranteed travel funding, and scheduled virtual contact with teeth. We draft plans that keep the far parent a real parent.

Related: Custody Guide · Modifications · relocation forms (JDF 1400/1407/1425) in the Forms Library.
THE LONGMONT LAW FIRM
Charles E. Liken Jr., Esq.
Attorney & Counselor at Law

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