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Husband travels. Both from same town and all relatives reside in home state. I want to move with kids back home. Possible?

Denver, CO |

I have been a stay at home mom for ten years. Husband travels weekly and sees kids 3 times a week. I want to move back to our home state where I have friends, family his and mine. Emotionally abusive. Great schools, and can find a good job fast. I am college graduate. We own a house in Colorado but he is a contractor so he only lives there on weekends. Job is not based in Colorado. Can I relocate with kids before filing any paperwork legal separation or divorce?

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Attorney answers 2


If you have lived in Colorado for the previous six months, Colorado is the home state of the children for purposes of determination of parenting time and decision making for them. If you move without an agreement, he could file for dissolution of marriage in CO and seek an order to have the children returned to CO. Of course, if he travels and is not available to care for the children, the court might not be willing to order that. You really have a complex situation for which you need to seek counsel. Good luck to you.


I concur with Mr. Littman. Moving without an agreement or Court order to do so, even if you move prior to any case being filed - would likley be problematic. This does not mean that a Court would not allow you to move after looking at what is best for your children and looking at all the facts. However, taking the children and leaving the state without these things would likely cause problems for you in a divorce case. Child custody matters are complicated and more than not require the expertise of a family law practitioner. It would be to your benefit to sit down and speak with someone regarding your case. Best of luck.

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