Q: when a parent decided to move out of state leaving child with the other parent does there have to be a full 80/20 split
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A: The legal standard is the best interests of the child and child support and parenting time are separate matters.
A:
As Ms. Janko noted, child support is going to have no bearing on the division of parenting time. The one and only time under Colorado law that they have any bearing on each other is when child support is calculated, the parenting time (specifically the number of overnights) is part of the formula. Beyond that formula, they have no impact on each other. Whether a parent is paying child support or not, or what the amount of the child support order is, will never be a basis for a court to determine the parenting time schedule.
When a parent moves out of state, it always makes the parenting time schedule difficult. Any effort to give the out of state parent more significant time has to come out of school breaks and summer. There aren't many options, and it is therefore not uncommon for an out of state parent to have more than half of the summer, in addition to things like always having spring break.
If the two of you can't agree on a schedule, the court will be looking at what is in the child's best interests. The court will be considering several factors in doing so, of which the impact on his summer activities is one, as is the limited opportunities for time with the other parent. You would certainly be able to explain to the court why you believe your proposed parenting time schedule is better for your child. The other parent would also have the opportunity to explain why they believe their proposed schedule is better. The judge will then be using the factors involved in the best interests of the child to make the determination.
The "80/20 split" you reference is not something specified in Colorado law. If it is a ratio specified in a prior court order, then it may take more to persuade the judge to change that ratio.
It may be worth talking to an attorney to see if there might be any other options. If the parent who moved out of state is just a few hours away, there may be options with long weekends to pick up those days somewhere other than summer.
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