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Can I move out of state if our final orders make no mention of relocation?

Colorado Springs, CO |

I received sole legal and physical custody through dhs dependency and neglect case, due to dads continued drug use. He has phone contact and supervised visits. He has not set up visits, though its been 8 months since he received permission to do so. He calls infrequently. I have received a job offer 850 miles away that will give me insurance for the kids, as opposed to their current medicaid, and it pays over twice what i make now. The final orders say nothing about relocation. Not that I can or cannot, or anything about petitioning the court. Can i simply notify him in writing of my plans and start packing? He is still using heavily, the kids run into him every once in awhile and is upsets them. The move was actually their idea - they would like a "clean slate"

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Attorney answers 3

Best Answer
Posted

Added to what Mr. Deasy and Mr. Leroi have said, is that with a non-functional parent, you have a pretty good chance at getting court permission to relocate. I agree that it is best not to take a chance and to seek permission from the court. Use a skilled family law attorney to assist you with this as it is fairly complex. Good luck to you.

Posted

Final orders rarely make mention of relocation. You need to Petition the Court under CRS 14-10-129 in order to be able to move out of the State of CO. I would not risk simply moving against the father's wishes without permission of the Court.

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

Posted

No. So long as father has parenting time pursuant to the current orders, you cannot make a unilateral move without court permission. To make the move, you need to follow very specific rules as they relate to notifying him of your desire to move, to include filing a motion with the court. Re-location cases are not easy and you would be wise to consult with a family law attorney to make sure you attempt to do this the right way.

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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