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Need to know my chances ? relocation post divorce

Colorado Springs, CO |

husband is being offered a job in germany. i have a 6 year old from previous marriage , have 3 month old together. ex has been out of her life since march 2012 to present. left state on probation had warrent for arrest . i cut off contact because ex sent suicidal texts, told me to tell my daughter he was dead etc. i got divorce noticed to published . i have sole custody and dont believe in best interest for her to be around my ex . he has dv, dui, public intox, 2 criminal mischief charges. he has no job ( believe working under table) lives in a mobile home surrounded by scrap metal. the move would make my husband a federal employee giving us stable income and benefits. . what is the chances of judge granting us relocation. i'm considering one lawyer but want others opinions .

Attorney Answers 3


  1. Would your ex agree to a step parent adoption? If your husband is willing to take on the responsibility and your ex is willing to relinquish that might be the way to go. Then you won't have to worry about the court allowing you to relocate.

    Pitler and Associates, P.C. (303) 758-2221. We would love to help in your legal needs. Serving both the Denver Metro Area and the mountain counties of Eagle, Lake and Summit. @KTarrinEsq (Twitter) ktarrin@rpitlerlaw.com The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.


  2. When a custodial parent wishes to relocate with the child after a divorce, the parent must supply the noncustodial parent with appropriate written notice — including the new location, reason for the relocation and proposed modifications to the existing parenting plan — as early as possible prior to the move. If the parent fails to provide notice, the court may require the parent to return to Colorado in order to resolve the matter and could hold the parent in contempt for failing to comply with the existing child custody order.

    If the noncustodial parent objects to the relocation, a removal hearing is scheduled and the court will decide what is in the best interests of the children. There are specific questions the court will look at to decide whether to approve the relocation:
    •Why does the parent want to move with the child?
    •Why does the other parent object to the move?
    •What is the history and quality of each parent’s relationship with the child?
    •What are the educational opportunities for the child where he or she currently lives, as compared to the opportunities in the proposed new location?
    •Is there extended family in the present home community and/or in the proposed new community?
    •What benefits are there if the child continues to live with the custodial parent?
    •What are the anticipated effects on the child of the move?
    •Can meaningful parenting time (visitation) be afforded to the other parent if the move or relocation is granted?

    I urge you to contact a local family law attorney to discuss your options. Best of Luck.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


  3. Imposible to answer. You need to hire an attorney to file for relocation under 14-10-129.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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