Out-of-State Relocation Under a 50/50 Custody Order

Q: Does a parent need court approval before moving out of state with a shared-custody child?

Many states require written notice of an intended relocation, and if the other parent objects, a court decides the outcome based on the child's best interests.

Q: Is it different if a parent moves alone versus moving with the child?

Yes — if a parent relocates without the child, this is generally treated as a substantial change in circumstances that can support a modification request, rather than a relocation violation.

Q: What should a parent do if given short notice of a planned move?

Requesting an expedited or emergency hearing is often appropriate when a move affecting a shared-custody child is imminent and notice is short.

Question

My sons father and I share 50/50 custody. He told me last night he is moving out of state for a job without modifying our current custody arrangement. Will he be in violation of the current court order if he just leaves?

I have a copy of the court order if I could send that? I dont understand the full legal terms behind it. Other wise I can just type what it says. It was complicated. When we filed for divorce he was station in Turkey for the military. He then moved and was stationed in Colorado where we could then actually have a 50/50 plan. He retired from the military and got a civilian job. We never modified the order when he got station in Colorado due to us always be amicable with each other. He never discussed his plans with me. He just took the job and told me we could figure it out from there. Only 6 weeks notice. I advised him this wasnt in the best interest of our child for him to leave and not have hand on parenting his only response was he is moving still

A. Jason Velez · Accepted Answer

Whether this is a violation depends on one key fact: is your son's father planning to take your son with him out of state, or is he moving alone while your son continues living primarily with you? These are legally distinct situations. If he intends to relocate with your son to a home that would substantially change your son's geographical ties to you, Colorado's relocation statute (C.R.S. § 14-10-129) requires him to give written notice as soon as practicable — stating the new location, his reason for moving, and a proposed revised parenting-time plan — and, if you don't agree, the court decides the parenting-time modification based on your son's best interests at a priority hearing. If instead he is moving alone and your son will remain primarily with you, this isn't a "relocation violation" on his part; it's a substantial change in circumstances that can support your own petition to modify the current 50/50 order to reflect the new reality.

Either way, him unilaterally changing the parenting-time arrangement without a court modification creates legal risk for him.

What you can do:

1. Get clarity now on whether he intends to take your son with him or move alone.

2. If he intends to take your son, treat the written-notice requirement as triggered and insist on the statutory process.

3. File promptly for a modification, or an emergency/expedited hearing if a move with the child is imminent.

4. Bring your copy of the current order to a Colorado family law attorney right away.

⏱ Time limits apply. With only six weeks' notice before the move, this isn't a matter for a routine consultation — if he intends to take your son, Colorado's relocation statute requires notice and, absent your agreement, court approval before the move happens, so seek an expedited or emergency hearing through a family law attorney immediately.

Out-of-State Relocation Under a 50/50 Custody Order

Start a free AI-assisted chat and connect with an experienced Colorado attorney, with no obligation.

Legal Inquiry

Courts & Legal Aid in Colorado

Frequently Asked Questions