Parental relocation refers to a situation in which a parent wants to move to a different city or state with their child from a previous relationship. Such a parent will typically have a child custody agreement with the child’s other parent that is an enforceable court order—often included in the divorce decree or in another court order for child custody and support obligations (in a suit affecting parent-child relationship or SAPCR).

The reasons a parent may want to relocate include a new job opportunity, educational opportunities, or to be closer to family members who are able to assist with raising the child. The other parent’s failure to meet child custody or visitation obligations may be cited as a factor in support of the parental relocation.

Child custody agreements and court orders typically include geographic restrictions on the parents’ travel with the children and on relocation of the parents’ residences—limiting relocation to a certain number of miles from the child’s school district or the parents’ residence at the time of divorce, for example. These restrictions are designed to ensure both parents will have frequent and continuing contact with the child.

Geographic restrictions can be changed by agreement of the parents or by court order if the spouse seeking to relocate files a motion to modify the child custody order. If the parents are not able to agree on relocation terms the court will generally make the decision on whether to permit or deny relocation based on what is in the best interests of the child.

In Colorado, parental relocation is addressed under state law when a parent with a child custody agreement wishes to move to a different city or state. The primary concern in such cases is the best interest of the child. Colorado law requires that the parent intending to relocate must provide notice to the other parent and to the court. The notice must include the location of the proposed new residence, the reason for the relocation, and a proposed revised parenting plan. If the other parent objects to the move, the court will consider several factors to determine whether the relocation should be permitted. These factors include the reasons for the move, the impact on the child, the relationship between the child and each parent, and the ability to preserve the relationship between the child and the non-relocating parent. The court will modify the custody order only if it finds that the relocation is in the child's best interests. Geographic restrictions in custody agreements or court orders can be modified either by mutual agreement of the parents or by a court order upon a motion to modify the child custody order. The process is governed by Colorado Revised Statutes § 14-10-129.