A parent has the right to move out of the State of Colorado at any time. Moving a Colorado child out of state is not as simple. Colorado has specific rules for relocating a child out of state or to move the child from one city to another city a great distance away. Moving a child from Denver to Pueblo or even from Broomfield to Highlands Ranch is not a simple matter. Such a move likely significantly changes the geographic distance between the child and one parent. In such circumstances, how Colorado Courts view the proposed move depends upon when a parent asks for the move. If the request to move is made in an initial divorce or custody case the court considers whether to allow the move based upon the best interest factors listed in Colorado Revised Statutes 14-10-124. "Initial" meaning that a Court has not previously issued permanent custody orders in the past. If a court has previously issued permanent custody orders, then the request to relocate a child is considered to be a modification of the existing custody order and then the Court must also consider additional factors as listed in Colorado Revised Statutes 14-10-129. Moving a child is called a "relocation" case. The law is complex for relocation cases both for initial custody cases and especially for modification of custody cases. One can successfully move a child out of state or across the state over the objection of the other parent. It is easier to make such a move in the initial custody case than in the modification case. The move can be accomplished in a modification case as well with some advance planning. In cases where relocation is an issue, it is imperative that the party seeking to move or the parent seeking to block the move have competent counsel to help them with their case. At Fellows & Quenzer, we have experience with many relocation cases. We review each client's unique situation and can help a client plan how to successfully move their child or to successfully block the other parent's planned move.

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