When parents have joint custody, do both need to approve of a child moving out of state for school?

Yes. Joint legal custody means that both parents must consent.

The parent who agrees to have the child go to the out-of-state boarding school should bring an Order to Show Cause (OSC) on behalf of the child for a Court Order allowing the child to go. As a practical matter, the child is too old for the non-consenting parent to prevent him from going. The child is old enough to move to be emancipated now, as a last resort. I am not talking about any concerns relating to money or funding of the tuition, of course.

Your use of the term "joint custody" suggests that your case might not have been originally decided in Colorado, or that it was a long time ago, because Colorado no longer uses that terminology. The current Colorado terminology refers to "decision-making" responsibility, but use of the "joint custody" language would be comparable to what is now referred to as "mutual decision-making responsibility". Unless the court ordered parenting plan specifically says something different, joint custody and mutual-decision making require that both parents agree on "major" decisions. Sending a teenager to an out-of-state boarding school is clearly a major decision - factually, there is an element of abandoning the role of parenting involved by relocating the child to the care and control of third parties so it involves more than just financial obligations, but determining respective financial obligations alone is sufficient to justify involving someone else to break the obvious tie vote. Since both parents do not agree, the parents need to either seek a ruling by the court or, alternatively, agree to have the court appoint someone as an arbiter to make the decision based on the best interests of the child. The child's wishes are relevant, but not controlling. And, depending on all the surrounding facts and circumstances (including the past history and each parent's financial resources), a court might permit the child to go to the boarding school, but require the "consenting" parent to bear the full cost. There is nothing in the law that grants a child the right to any private school arrangement and the judge has considerable discretion in determining whether it is appropriate to compel a parent to pay for private schooling.

You may need to consult with an attorney who practices children's law. I would also suggest looking into what the school requires regarding consent as the child is a minor until he/she reaches the age of 18. However, I am certain that both parents would have to consent. You, the parent who agrees to allow the child to go to school out of state could petition the court to allow the child to move. Most importantly, I suggest hiring an attorney who has either or both family law experience and experience in children's law.

The court will always listen to the words of the child with regard to custody and visitation; there is usually a stipulation or court order regarding moving to another state - in this situation, if the other parent does not like the move, you should bring an action asking to modify the order for custody and ask the court to determine whether the move is in the best interests of the child.

There are options available to keep the child where he/she wants to be, but there are more facts needed to determine what and when should be filed with the court.