My ex and I have been separated for 8 years. We were never married and we never got an official visitation schedule. He has gone up to a year at a time without seeing the children but its usually around three months between visits. I have never stopped him from seeing the kids in fact he is supposed to be having a visit with them right now but he didn't show up to get them and he has not called. He has not paid child support in over a year even though we do have an official child support order. I am wondering if he can try to stop me from moving despite his lack of interest and support in my children's lives. Thank you very much.
An initial status conference is a scheduling conference, usually in front of a court facilitator and sometimes a magistrate depending on the county. You will likely be ordered to attend mediation before you can set a hearing on your motion to relocate with your child.
Based on the information you have provided, you will likely succeed in getting an order allowing your to move. A relocation hearing involves a complex legal analysis. You should retain a skilled family law attorney first. If the hearing does not go well, you will not get a second chance.
Initial Status Conferences used to be somewhat of a joke in most jurisdictions. In Arapahoe it was a movie. But this trend is quickly coming to an abrupt halt. Now, in Arapahoe, if represented by counsel, you're in front an actual District Court judge (Wheeler). In Adams, the Family Court Facilitator will be furious if you haven't submitted your Sworn Financial Statement, Parenting Class cert., etc, and will let the Magistrate know about coming unprepared. Follow the Case Management Order to a "t."
In terms of you leaving the state and effectively alienating the dad, follow the statutes outlined in Title 14 of the Colorado Revised Statutes. They're tricky and complicated, so you probably will want to consult with a lawyer. In fact, removal is probably the most contentious area of family law. You'll really need to have your ducks in a row at the final hearing. and have lots of evidence why it's in the best interest of the children to move. Otherwise, you're stuck here.
Finally, please remember that custody and child support are mutually exclusive. Good luck, John
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