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Long-Distance Parenting Plans in Colorado: Complete 2026 Guide

By Antonio G. Jimenez, Esq.Colorado16 min read

At a Glance

Residency requirement:
At least one spouse must have been a resident of Colorado for a minimum of 91 days immediately before filing for divorce (C.R.S. §14-10-106(1)(a)(I)). There is no separate county residency requirement. If minor children are involved, the children must have lived in Colorado for at least 182 days for the court to have jurisdiction over custody matters.
Filing fee:
$230–$230

As of August 2026. Reviewed every 3 months. Verify with your local clerk's office.

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A long-distance parenting plan in Colorado is a court-approved schedule that allocates parenting time and decision-making when parents live far apart, governed by Colo. Rev. Stat. § 14-10-124. Colorado courts approve these plans under the best-interests standard, requiring a written parenting plan, virtual visitation terms, and travel-cost allocation. The 2026 filing fee is $242.

Key Facts: Colorado Divorce and Parenting Plans

ItemColorado Rule (2026)
Filing Fee$230 base + $12 e-filing surcharge = $242 total. As of January 2026. Verify with your local clerk.
Waiting Period91 days minimum from service or co-petition before a decree can enter
Residency Requirement91 days of domicile in Colorado before filing (C.R.S. § 14-10-106); child must live in Colorado 182 days for custody jurisdiction (C.R.S. § 14-13-201)
GroundsNo-fault only: irretrievable breakdown of the marriage
Property Division TypeEquitable distribution (C.R.S. § 14-10-113)
Custody TerminologyAllocation of parental responsibilities (parenting time + decision-making) — Colorado does not use the word "custody" in statute
Relocation StandardBest interests with 20 combined factors (C.R.S. § 14-10-129)

What Is a Long-Distance Parenting Plan in Colorado?

A long-distance parenting plan Colorado courts recognize is a written schedule that allocates parenting time and decision-making responsibility between parents who live too far apart for a standard alternating-week schedule. Colorado replaces the term "custody" with "allocation of parental responsibilities" under Colo. Rev. Stat. § 14-10-124. Every dissolution or parentage case involving minor children requires a court-approved parenting plan.

These plans typically apply when one parent lives more than 60 to 100 miles away, in another state, or across the country. Because daily exchanges become impractical, a Colorado long-distance parenting plan concentrates in-person parenting time into extended blocks — school breaks, summers, and long holiday weekends — and supplements it with virtual visitation. Colorado has no fixed mileage that legally defines "long-distance," so judges evaluate the geographic reality against the child's age, school schedule, and the parents' resources. Roughly 25 to 30 percent of parenting plans reviewed statewide involve parents in different cities or states, making structured remote parenting a common feature of Colorado family law. If you are early in the process, a personalized divorce roadmap can help you map the exact steps for your situation.

Colorado Law Governing Long-Distance Parenting Plans

Colorado law requires every parenting plan to serve the best interests of the child under Colo. Rev. Stat. § 14-10-124, which lists 11 parenting-time factors and 3 decision-making factors. For relocation and out-of-state moves, Colo. Rev. Stat. § 14-10-129 adds 9 more factors, for 20 total the court weighs. Courts must make findings on the record in contested cases.

The 11 best-interests factors in C.R.S. § 14-10-124(1.5)(a) include the wishes of the parents, the wishes of the child if mature enough, the child's relationships with each parent and siblings, the child's adjustment to home and school, the mental and physical health of everyone involved, each parent's ability to encourage a loving relationship with the other parent, past involvement, physical proximity of the parents, and any history of domestic abuse. For a long-distance parenting plan, the "physical proximity" factor and the "ability to encourage contact" factor carry heavy weight, because a great distance can either be bridged by a cooperative parent or weaponized by an uncooperative one. Colorado courts cannot presume that either the mother or the father is the better parent, and they cannot penalize conduct that does not affect the child. Understanding child custody arrangements in this framework is essential before drafting your plan.

Residency and Jurisdiction Requirements

To file for divorce in Colorado, one spouse must have been domiciled in the state for at least 91 days before filing, under Colo. Rev. Stat. § 14-10-106. For a Colorado court to decide parenting time, the child generally must have lived in Colorado for 182 consecutive days — the "home state" rule under the UCCJEA at C.R.S. § 14-13-201. Domestic cases are filed in District Court.

These two clocks matter enormously in long-distance cases because the divorce clock and the child-custody clock run separately. A parent who moved to Colorado 100 days ago satisfies the divorce residency requirement but may not yet meet the 182-day home-state threshold for the children if the kids arrived more recently. When parents live in two states, only one state can be the child's home state at a time, and the Uniform Child Custody Jurisdiction and Enforcement Act prevents competing orders. If the child has lived in Colorado for six months, Colorado courts take jurisdiction; if the child recently left another state, that prior state may retain jurisdiction for up to six months. Getting jurisdiction right at the outset prevents an order being challenged or thrown out later, so confirm both timelines before you file in any county's District Court.

What a Colorado Long-Distance Parenting Plan Must Include

A compliant Colorado parenting plan must allocate both parenting time and decision-making responsibility in writing, per Colo. Rev. Stat. § 14-10-124(7). For long-distance families, the plan should specify a summer block (often 4 to 8 weeks), holiday rotation, transportation responsibility, virtual visitation schedule, and a dispute-resolution method. Courts file this plan as JDF 1113 and incorporate it into the decree.

Beyond the statutory minimums, an effective out-of-state parenting plan anticipates the friction points that distance creates. The plan should name who books and pays for flights, whether an unaccompanied-minor service is required and who covers its typical $150 to $300 per-flight fee, where and when exchanges occur, and how much advance notice each parent must give to schedule travel. It should also fix a virtual visitation cadence — for example, video calls every Tuesday and Sunday evening — so the out-of-state parent maintains routine contact rather than sporadic check-ins. Colorado judges strongly favor plans that spell out these details, because vague plans generate repeat litigation. A well-drafted decision-making section separates major decisions (education, non-emergency healthcare, religion) from day-to-day choices, clarifying that the parent with the child at any given time handles routine matters. Use our parenting time calculator to model how overnights divide across an annual long-distance schedule.

Virtual Visitation and Facetime Custody Provisions

Colorado courts routinely include virtual visitation — video calls, FaceTime custody, texting, and shared apps — in long-distance parenting plans, and treat electronic communication as a supplement to, never a replacement for, in-person parenting time. While Colorado has no standalone virtual-visitation statute, Colo. Rev. Stat. § 14-10-124 gives judges broad authority to order reasonable electronic contact as part of the best-interests analysis.

Well-drafted virtual visitation provisions specify frequency, duration, time of day, and the technology used, so an out-of-state parent is not left negotiating each call. A common Colorado structure grants the remote parent two to four scheduled video calls per week of 15 to 30 minutes each, plus reasonable unscheduled contact initiated by the child. The plan should require the local parent to make the child available, ensure a functioning device and connection, and refrain from monitoring or interrupting calls. For younger children, calls are shorter and often parent-assisted; for teenagers, plans lean on direct texting and messaging. Because FaceTime custody and remote parenting have become standard since 2020, Colorado attorneys increasingly draft technology-neutral language covering "video conferencing platforms" rather than naming a single app that may disappear. Virtual visitation cannot substitute for the extended physical blocks that anchor a long-distance parenting plan Colorado judges will approve, but it keeps the relationship continuous between visits.

Relocation: Moving Out of State With or Without a Child

Colorado treats relocation differently depending on timing. Before a final decree, under Spahmer v. Gullette (2005), a court cannot order a parent to live in a specific place and must allocate parenting responsibilities based on where each parent intends to live. After a decree, a parent who wants to move with the child must give written notice and prove the move serves the child's best interests under Colo. Rev. Stat. § 14-10-129(2)(c), applying all 20 factors, per In re Marriage of Ciesluk (2005).

The post-decree relocation notice must be provided as soon as practicable and state the intended new location, the reason for the move, and a proposed revised parenting-time plan. The 9 relocation-specific factors in C.R.S. § 14-10-129 include the reasons for the move, the reasons the other parent objects, the quality of each parent's relationship with the child, the educational and general advantages of staying versus moving, the child's ties to each location, the impact on the child, and whether a reasonable parenting schedule can be crafted if the move is allowed. Critically, Ciesluk eliminated any presumption favoring the primary parent — neither parent carries a legal advantage, and the court balances two constitutionally significant interests: the relocating parent's right to travel and the objecting parent's right to parent. Relocation hearings receive docket priority by statute. If your case involves a proposed move, professional guidance matters; you can find a divorce attorney who handles Colorado relocation disputes.

Pre-Decree vs. Post-Decree Relocation in Colorado

FeaturePre-Decree (Spahmer)Post-Decree (Ciesluk)
Governing authoritySpahmer v. Gullette (2005); C.R.S. § 14-10-124In re Marriage of Ciesluk (2005); C.R.S. § 14-10-129
Can court order parent to stay?No — court accepts each parent's chosen locationNo, but it can deny the child's relocation
BurdenBest interests; no relocation-specific burdenRelocating parent must show move is in child's best interests
Factors applied11 best-interests factors20 factors (11 best-interests + 9 relocation)
Notice requiredNot a formal relocation noticeWritten notice as soon as practicable
Presumption for primary parentNoneNone (eliminated by Ciesluk)

Travel Logistics, Costs, and Exchanges

Colorado long-distance parenting plans should allocate travel costs and logistics explicitly, because courts have discretion under Colo. Rev. Stat. § 14-10-124 to assign transportation responsibility based on each parent's income and the reason for the distance. Airfare for a child typically runs $150 to $500 per round trip, and unaccompanied-minor fees add roughly $150 to $300 per flight segment as of 2026.

Colorado judges frequently split travel costs in proportion to income or assign a larger share to the parent whose relocation created the distance. A thorough plan states the airport or midpoint exchange location, the minimum age at which a child may fly alone (most airlines allow supervised solo travel at age 5 and unsupervised at 15), which parent purchases tickets, and the deadline for sharing itineraries. Exchanges for driving-distance families often occur at a neutral midpoint, with each parent covering their own half of the drive. The plan should also address passport possession for international travel and require both parents' consent for a passport application, since federal law demands it for children under 16. Because travel disputes are among the most common triggers for post-decree litigation, spelling out cost-sharing percentages, booking deadlines, and cancellation-cost responsibility saves families thousands in legal fees. A guardian ad litem or child-and-family investigator, whose fees range from $2,000 to $6,000, may be appointed in high-conflict long-distance cases to recommend a workable structure.

Modifying a Long-Distance Parenting Plan

Colorado allows modification of parenting time at any time under Colo. Rev. Stat. § 14-10-129, but the standard depends on the change requested. Minor schedule adjustments use the best-interests standard, while a change to which parent the child lives with the majority of the time requires showing that the current arrangement endangers the child or that both parents agree, under the stricter endangerment standard.

Decision-making responsibility is even harder to modify: Colo. Rev. Stat. § 14-10-131 requires a substantial change in circumstances plus a finding that the change serves the child's best interests, and generally that retaining the existing allocation would endanger the child. For long-distance families, modifications commonly arise when a child ages into a different school schedule, when either parent moves again, or when a virtual-visitation arrangement proves inadequate. Colorado imposes a two-year waiting period before re-filing certain parenting-time motions after a prior contested decision, unless the child is endangered, which discourages repetitive litigation. Parents who agree on changes can file a stipulated modification and avoid a hearing entirely, and the court will approve an agreed plan if it meets the best-interests standard. Because the endangerment standard is demanding, most successful long-distance modifications are either agreed-upon or tied to a documented relocation. Reviewing equitable distribution and support obligations at the same time keeps the full order internally consistent.

Modification Standards at a Glance

Change RequestedGoverning StatuteStandard
Minor parenting-time adjustmentC.R.S. § 14-10-129(1)Best interests of the child
Substantial change in overnightsC.R.S. § 14-10-129(2)Best interests; endangerment for majority-time change
Relocation with the childC.R.S. § 14-10-129(2)(c)Best interests, 20 factors
Change of decision-makingC.R.S. § 14-10-131Substantial change + endangerment + best interests

Filing Costs and Court Process

The cost to open a Colorado dissolution or parenting case is $230 plus a non-waivable $12 e-filing surcharge, totaling $242, as of January 2026. Verify with your local clerk, because surcharges change. A responding spouse pays $116 to file an answer. Fee waivers are available through forms JDF 205 and JDF 206 for filers at or below roughly 125 to 200 percent of the federal poverty level.

Domestic relations cases are filed in one of Colorado's District Courts across the state's 22 judicial districts. After filing a Petition for Dissolution of Marriage or Allocation of Parental Responsibilities, the statutory 91-day waiting period begins, and no decree can enter until it elapses. Parents with children must complete an approved parenting-education class in most districts and file a proposed parenting plan (JDF 1113). If the parents cannot agree, the court often orders mediation before setting a contested hearing, and mediation typically costs $100 to $300 per hour split between the parties. A fully contested long-distance parenting or relocation case can take 6 to 12 months and cost $7,000 to $25,000 or more in attorney fees, while an agreed plan may resolve in about 3 to 4 months for the filing fee plus limited attorney time. Colorado's self-help resources and JDF forms let some parents proceed without counsel, though relocation disputes almost always benefit from professional representation given the 20-factor analysis and constitutional stakes.

Frequently Asked Questions

How far apart must parents live for a long-distance parenting plan in Colorado?

Colorado sets no statutory mileage. Courts generally treat distances beyond 60 to 100 miles, or any out-of-state arrangement, as long-distance because daily exchanges become impractical. Judges evaluate the geography against the child's school schedule and each parent's resources under C.R.S. § 14-10-124.

Does Colorado law require virtual visitation in a parenting plan?

Colorado has no standalone virtual-visitation statute, but courts routinely order it under the best-interests authority in C.R.S. § 14-10-124. A typical order grants the out-of-state parent two to four scheduled video calls per week of 15 to 30 minutes, plus reasonable unscheduled contact. It supplements but never replaces in-person time.

Can my ex move out of state with our child in Colorado?

After a decree, a parent must give written notice and prove the move serves the child's best interests under C.R.S. § 14-10-129(2)(c), applying 20 factors per In re Marriage of Ciesluk (2005). No presumption favors the moving parent. Before a decree, Spahmer v. Gullette (2005) bars ordering a parent to live anywhere specific.

What does it cost to file a parenting case in Colorado in 2026?

Opening a Colorado dissolution or parental-responsibilities case costs $230 plus a $12 non-waivable e-filing surcharge, totaling $242, as of January 2026. Verify with your local clerk. A response costs $116. Fee waivers exist through JDF 205 and JDF 206 for low-income filers, though the $12 surcharge cannot be waived.

How long does a Colorado divorce with children take?

Colorado imposes a mandatory 91-day waiting period from service before any decree can enter, under C.R.S. § 14-10-106. An uncontested case with an agreed parenting plan often finalizes in about 3 to 4 months. A contested long-distance or relocation case commonly takes 6 to 12 months due to mediation, evaluations, and scheduling.

Who pays for the child's flights in a long-distance parenting plan?

Colorado courts allocate travel costs at their discretion under C.R.S. § 14-10-124, often splitting airfare by income share or assigning more to the parent whose move created the distance. Child round-trip airfare typically runs $150 to $500, and unaccompanied-minor fees add $150 to $300 per segment in 2026. Spell out cost-sharing percentages explicitly.

What factors do Colorado courts weigh in relocation cases?

Colorado courts apply 20 factors: the 11 best-interests factors in C.R.S. § 14-10-124(1.5)(a) plus 9 relocation-specific factors in C.R.S. § 14-10-129(2)(c). These include reasons for and against the move, each parent's relationship with the child, educational advantages, the child's ties to both locations, and whether a workable parenting schedule remains possible.

Can I modify a long-distance parenting plan after the divorce is final?

Yes. Minor schedule changes use the best-interests standard under C.R.S. § 14-10-129, while changing the child's majority-time parent requires the stricter endangerment standard or mutual agreement. Decision-making changes under C.R.S. § 14-10-131 demand a substantial change in circumstances. A two-year wait applies before re-filing certain motions unless the child is endangered.

Which Colorado court handles long-distance parenting plans?

Colorado District Courts, not County Courts, handle all domestic relations and allocation-of-parental-responsibilities cases across the state's 22 judicial districts. You file where you or the child meet jurisdictional requirements: 91 days of domicile for the divorce under C.R.S. § 14-10-106 and 182 days as the child's home state under C.R.S. § 14-13-201.

Does virtual visitation count as parenting time in Colorado?

No. Colorado courts treat virtual visitation as electronic communication that supplements in-person parenting time, not a substitute that reduces the physical schedule. Under C.R.S. § 14-10-124, extended summer, holiday, and school-break blocks remain the core of a long-distance parenting plan, while video calls keep contact continuous between visits.

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Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Colorado divorce law

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