<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by winwilson1:
The wife and I have been having problems for sometime now and have discussed divorce since last year. I always end up backing out because my wife ;who is from MN and has been here in CO for 8yrs; she says she will move back to MN immediatly. I have one 5yr old daughter and another child on the way.(bad timing I know) (I know I'm a heel for wanting to leave now but it all comming to a head) I'm miserable and completely ready to end the 11yr marrige but I don't think I could stand being that far from my kids. Is there anything I can do to make the mother stay in state, or do I have to just suffer thru the next eighteen years to be close to my kids? Thanks for any advise BW<HR></BLOCKQUOTE>
My response:
Your 5 year old is under the jurisdiction of Colorado. That means, a Colorado court must, and will, render a decision concerning the residency of that child. In order to keep the child in CO, you need to file now, in CO, to obtain custody, visitation and support orders. If she moves to MN prior to filing in CO, CO would still have jurisdiction, but it would be much harder to get your child back in CO. Once orders are obtained in CO, she'd have to obtain your, or the courts, permission to move anywhere.
Until the fetus is born live, there is virtually nothing that can be done in that regard; e.g., theoretically, she could move today, and give birth in MN and, if a live birth, MN would then have jurisdiction of that child immediately.
IAAL
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