Find out when and how you can ask a Colorado court to change your existing parenting time schedule.
Last Reviewed
If you’re in the middle of a divorce or custody case in Colorado and want to move with your child, special rules apply. Once a case is filed—or once you are served,you and the other parent must follow court rules called injunctions. These rules are meant to keep things stable for children while the case is working its way through the court system.
A child involved in the case can’t leave Colorado unless both parents agree or the judge gives permission.
This guide explains:
- What to do if you need to move before your case is finished
- What happens if you plan to move after your case is finished
Can I move before final orders are issued by the court?
If your case is still pending, you must follow certain steps before moving out of Colorado with your child.
Talk to the other parent first
- If they agree to the move:
- Write down the agreement
- Make sure both of you sign it, and
- File it with the court.
The judge must approve it before you move.
Important!
Never rely on a verbal agreement. If it’s not in writing, it’s hard to prove later.
- If the other parent does not agree:
- You must ask the court for permission to move. To do this:
Wait for the judge’s decision before moving.
The other parent has 21 days to respond to your motion. You usually have 7 days to reply after they respond. The judge may then approve or deny your request or schedule a hearing to decide.
Can I ask to move at the final orders hearing?
If your final orders hearing hasn’t happened yet but you plan to move after the case is finished, the court can make a decision during the final hearing.
The judge will look at where each parent plans to live after the final orders hearing. The judge uses those plans to decide how to split parenting time and what is in the child’s best interest and cannot prevent a parent from moving as part of final orders.
When parents live far apart, the judge must decide where the child will primarily live, attend school, and spend school breaks.
- Typically, the child stays with one parent during the school year.
- The other parent often gets extended time during school breaks and regular phone or video calls.
What the court considers:
- The child’s connections to the new place
- Family support in the new location
- School, medical care, and community resources
- Any safety or practical concerns
Tip:
If you’re asking the judge to allow a move, gather information about the new community. Give the court information about schools, doctors, family support, and opportunities for your child. Detailed information helps the judge understand your reasons.
Can I move after final orders?
Once final orders are entered, the rules for moving change. You’ll need to file a post-decree motion to relocate. Please visit the Post-Decree Motion to Relocate web page for more information.
Important!
Moving a child out of Colorado during a pending court case without court approval can cause serious legal consequences. The consequences may include criminal contempt of court or loss of parenting time.
Need more help?
If you are low-income, a senior, or a veteran, you may qualify for free legal help from Colorado Legal Services (CLS). To apply or ask if you might qualify, go to the CLS website and find the office that serves your area. If you call or visit, CLS can help you in your native language.
You can get help from the courts. Every judicial district has staff called “Sherlocks” to help people with their legal questions. To find the Sherlock in your county, visit the Judicial Department’s Sherlock webpage.