Can Custodial Mother Move Out Of State With My Child?

[schnelhand]

I started a case for parental responsibilities. State is colorado, el paso county... child is 1 year old. My current visitation is tuesday through thursday from 9-5 each day. I am the non-custodial parent. Anyhow we went to mediation and i requested for overnight visitation to be added and no agreement whatsoever was met. So we had final orders today in which she requested a continuation to retain an attorney to discuss moving out of state. She say her fiance has a job offer in texas and they want to accept it. This is the first time i've heard this. So continuance was granted. So my question is this we have no final orders yet but are in court.

Can she leave with child right now?

Coincidentally her folks live in texas and have been trying to have her move there since our son was born. Now all of a sudden her fiance gets a job offer there.. Can i if the court grants them a move request to have his job verified that he's not making it up and that it's not her folks giving him a job?

Does her fiance and his job offer hold any say in this matter at all?

I Have another child who's five and has grown very close to him.. I Have them together all the time when i have them. I was awarded 50/50 with my first child. recommended by CASA.

I've spent consistent time with him since he was born. 3 days a week(that's all she would give me as of right now and i took what i could get)

What about the financial strain to visit with my son. who absorbs these cost if its awarded?

Taking him from his sister and vice versa?


please help thank you

 

[Silverplum]

I started a case for parental responsibilities. State is colorado, el paso county... child is 1 year old. My current visitation is tuesday through thursday from 9-5 each day. I am the non-custodial parent. Anyhow we went to mediation and i requested for overnight visitation to be added and no agreement whatsoever was met. So we had final orders today in which she requested a continuation to retain an attorney to discuss moving out of state. She say her fiance has a job offer in texas and they want to accept it. This is the first time i've heard this. So continuance was granted. So my question is this we have no final orders yet but are in court.

Can she leave with child right now?

In theory, yes. People rob banks, also, and it's against the law.

What you need to do is READ:
http://www.colorado-family-law.com/relocation-children.htm

(NOTE: I have NO connection with this firm -- it's just relocation info from a local attorney for OP.)

Coincidentally her folks live in texas and have been trying to have her move there since our son was born. Now all of a sudden her fiance gets a job offer there.. Can i if the court grants them a move request to have his job verified that he's not making it up and that it's not her folks giving him a job?

Does her fiance and his job offer hold any say in this matter at all?

Nope.
He's not even her husband. And YOU are the FATHER. You stick to your guns, Dad, and fight for your child.

I Have another child who's five and has grown very close to him.. I Have them together all the time when i have them. I was awarded 50/50 with my first child. recommended by CASA.

I've spent consistent time with him since he was born. 3 days a week(that's all she would give me as of right now and i took what i could get)

What about the financial strain to visit with my son. who absorbs these cost if its awarded?

Taking him from his sister and vice versa?


please help thank you

Don't jump the gun on financial strain and sisters and such.

Stick with blocking/stopping the relocation.

 

[schnelhand]

Continued

Ok Next Question Is If Rellocation Is Granted Can It Be Appealed? Is That Even An Option? I Have Good Faith That It Won't But I'd Also Like To Be Prepared For The Worse. Thank You

 

[Silverplum]

Ok Next Question Is If Rellocation Is Granted Can It Be Appealed? Is That Even An Option? I Have Good Faith That It Won't But I'd Also Like To Be Prepared For The Worse. Thank You

It's complicated and hard to describe on the internet.

I really think you ought to stick to Business #1, which is preventing the move.

You're welcome.

(And please don't type in all caps or in all first-letter-capped type -- it's hard for us to read and limits the responses you receive. Thanks.)

 

[TinkerBelleLuvr]

If a relocation is granted, have the courts order that the moving party bear the cost of the transportation. Also google for long distance plans to see what is out there for ideas.

 

[schnelhand]

Continued

After reading colorado law about relocation and the statute that states during an initial allocation of parental responsibilties the court must take into consideration the requested location of the custodial parent as the location in which she lives. Pusuant to Spahmer v. Gullette case. I have lost alot of hope in fighting this. I will fight it but i have a gut feeling that the mother has seen this and is planning on using this to keep me from my child since she has finally come to the realization that i'm going to get visitation and overnights eventually and she doesn't want that. So i think this is an attempt to keep me from my son. In which right now i have him Monday, Tuesday And Wednesday Fom 9-5. That was granted as temp orders and i took what i could get.

My question is this what should i do? If the court grants the move which looks like they have to can i request all transpotation cost, and will it be granted, lie with her? I don't see how i will be able to maintain a relationship with my son. I mean i really don't i have another child here i have 50/50 of so that's an obligation i have here and it's not financially fesible for me to take time from work and pay for costs to visit him. I couldn't even afford it every six months especially if ordered to pay child support on top of that. Help me out folks. I'm lost and really losing hope. Thank you community and senior members.

was the ruling in that case that it was unconstitutional for the court to not allow her to move but did not determine a decision on the best interest of the child? So she would be allowed to move but custody would be granted to the father if she did? Which leads to my next question..


When is custodial and non-custodial parents determined? I mean since allocation of parental responsibilities has not been established is custodial and non-custodial established? Reason asking is i only have visitation because when i filed for the allocation she filed a restraining order and i had to go to court for that and was offered visitation and took it because i hadn't seen my son at that point for over a month. The situation could have easily been reversed if he was in my custody and i filed the restraing order right after filing allocation but i'm not cruel like her. So if it legally has not been established shouldn't we be at equal fields when going into final orders and if so how does that work with the move?

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[nextwife]

Here is the critical thing: this is a job a legal stranger, not even a spouse, of the CP chose to take. This move isn't even advancing the CPs career. It does nothing for CPs ability to provide for her child, as finance has zero financial responsibility to either CP or your child.

You need to fight the move. You are the father. The fiance is nobody to your child. This isn't even a spouse. Declaring they need to move for some boyfriend's career is BS.

 

[MichaCA]

Ditto what everyone else is saying. If someone thought you had meager chances they would say so.

I do not know about the CO case you mentioned. I know most states have gotten much stricter about moveaways, and the requirements are generally hard to meet (dad is not showing up, incredible job opportunity/schools that could NOT be had in current area for current parent...not parents husband or fiance...get the picture?)

I would get out now and get an attorney to legally restrain the child being moved out of state until the case is heard in court. And represent you in having the child stay in state. Sometimes you can get free 1/2 hour consults...go down to your family law office...see what kinds of free legal services they have...but you MUST get an attorney.

When you get worried, google, research visitation plans for child in state and out of state. Make a list. Be proactive, even with an attorney.

As already said, IF mom moves, she will be responsible for the cost of transportation for the child to see you, and what I've heard on here is half of holidays, a big chunk of summer. (with a small one I don't know how they will do that initially..) but think positive and act as if child is staying with you.

I may be wrong, but there was a very similar post sounding like the 'other side' a few days ago.

 

[MichaCA]

PS Wrong about other party

The post I read was about Chicago/TX...I haven't seen a post from the 'other side'.

 

[gr8rn]

. Pusuant to Spahmer v. Gullette case.
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I think you are misinterpreting what you read. The case you cited was appealed because Judge Montgomery ruled that the mother was not allowed to relocate to another state. That is unconstitutional. Mother should have been allowed to move, just not take the child.

I think you are looking at this with a defeatist attitude. You absolutely have a right to parent your child, and she would have to prove "best interest" of the child to be allowed to move with him. All you need to do is maintain that its not in your childs best insterest to move to another state because the fiancee, a legal stranger has a potential job there. Its not in your childs best interest to move because of the legal strangers job.

You have been given good advise, and you seem to want to roll over and play dead. Did you retain an attorney??

 

[schnelhand]

I think you are misinterpreting what you read. The case you cited was appealed because Judge Montgomery ruled that the mother was not allowed to relocate to another state. That is unconstitutional. Mother should have been allowed to move, just not take the child.

I think you are looking at this with a defeatist attitude. You absolutely have a right to parent your child, and she would have to prove "best interest" of the child to be allowed to move with him. All you need to do is maintain that its not in your childs best insterest to move to another state because the fiancee, a legal stranger has a potential job there. Its not in your childs best interest to move because of the legal strangers job.

You have been given good advise, and you seem to want to roll over and play dead. Did you retain an attorney??

That's what i was unclear and actually had come to me while i was sleeping was that the supreme court determined that it was unconstitutional for them to tell the mother she couldn't leave the state but had not made a determination to if the best interest of the child would be to move with her. So thank you sir i get it now and by no means have i or will iroll over and play dead i'm fighting this and fighting hard. I just got a little despaired after reading that section on initial custody being determined and what has to be considered. Thank you

 

[schnelhand]

Lost Case

Well folks i appreciate everything. The judge granted custody to the mother. Is there anything else i can do? Does the timing of when she asked have anything to do with it? She brought up relocation AT final orders hearing. Was that to late? I went in to final orders thinking everything would be written down with both parents living here and then BAM she wants to move so the judge grants a continuance for her to get an attorney about that. Anything guys? Thanks Again

 

[schnelhand]

Continued

He granted the continuance we each obtained attorneys then went back for final orders again and thats when custody was awarded to the mother. For clarification.

 

[LdiJ]

Well folks i appreciate everything. The judge granted custody to the mother. Is there anything else i can do? Does the timing of when she asked have anything to do with it? She brought up relocation AT final orders hearing. Was that to late? I went in to final orders thinking everything would be written down with both parents living here and then BAM she wants to move so the judge grants a continuance for her to get an attorney about that. Anything guys? Thanks Again

So, you are saying that the judge granted her permission to relocate with the child?...or granted her custody acknowledging that she was relocating with the child?

 

[milspecgirl]

what kind of visitation did you get?

joint legal custody?

continue to fight the move and if it is granted- ask for all transportation cost and a good amount of visitation time