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If I Have Primary Custody, Can I Move Anywhere Out of State?


Are you wondering if you can move out of state with your children, if you have primary custody? The simple answer is that it depends. In some cases, primary parents can move out of state with their children. However, child relocation and custody modification can be a complicated matter. If not addressed when the initial parenting plan was established, the non-custodial parent can take issue and bring the matter to court. Usually both parties must revisit the custody agreement and make modifications.

When a parent considers relocating with their child, they must inform the other parent. Under Colorado statute C.R.S. 14-10-129(1)(a)(II), the primary parent must submit a written notification to their ex discussing the following:

  • Written notice with the intent to relocate
  • The new area they plan to move to
  • The reason for the relocation
  • Proposed revisions to the parenting plan

The primary parent must also inform the courts of their intended move. They must tell the court the reason for the relocation. When evaluating the family’s situation, the judge will consider what is best for the children. If they see that the children are doing well in their current location, prospering in school, and have a healthy social setting, they might not endorse the move. In addition, they will look at how the location change will affect the children’s relationship with their non-custodial parent. Alternatively, if the relocation seems like the best situation for the kids, judges will rule in favor of the custodial parent.

If you are divorced and plan to relocate with your child or children, call our Colorado child custody attorneys. We can help you revisit your parenting plan and help you with modification. Our firm understands the importance of doing what is best for your children. Contact us today to schedule a consultation and to ensure your family’s rights are protected.

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