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Can the mother of my son leave the state with my son even if i have not given her my permission?

Aurora, CO |

She has trail for a Domestic violence case the 14th and our IFC is the 8th. This morning she asked me if she could take our son out of town for a week. i said no because she has not being doing well with her mental health. We both have filed for allocation of parental right and to my knowledge me or her cant leave the staste with him for now.

Attorney Answers 4


Because of an injunction with the Summons in the Petition for Allocation of Parental Responsibilities, she would need either permission of the Court or of you.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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Even with court orders in place, people do stupid things like leaving the state when there is an order telling them they cannot do this. There is an act, PKPA which deals with parenting kidnapping. If you believe your ex is about to abscond with your child, you can seek emergency relief under this act. It is somewhat complicated and you may wish to retain counsel to assist you. Good luck.

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There is an automatic injunction in place when the Petition is served preventing either party from removing the child from the state over your objection without permission of the court. If you have concerns, you could also file a motion to prevent abduction, although the injunction may be enough.

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I believe Mr. Littman hit the nail on the head. My colleagues all answered whether your son's mother is ALLOWED to leave the state. Nope, she's not - not unless you give her permission or the Court does. However, if she drives out of state, you most likely won't know she has done it until she is gone. If that occurs, and if you are concerned that she won't return, you may go into the court and get an order for the return of your son, and in that order the court may instruct the police force of whatever state your son is currently in, to remove your son from his mother's care, and hold him for you to pick him up. IF this occurs, you need to be able to get to him within hours. The police don't like to hold children for extended periods.

Please consider speaking directly to a family law attorney to discuss custody options.

This legal information is provided for general legal purposes and does not establish a client-attorney relationship. Because of the limited information provided in the question, it is difficult to be certain that Counsel is answering the question correctly. You are encouraged to seek further information from an attorney directly so that follow up questions may be asked if necessary.

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