Child Custody in New States (NM & CO)

[Janet7]

I live in New New Mexico and my Ex and Son live in Colorado.

Divorce and custody were in Wisconsin.

I would like to know what exactly are the parents rights in joint custody.
Also, if an original agreement was filed in WI, and both parents move to
different states, NM and CO, what happens. Do they need to be redone? If you are in two different states and it needs to be redone, where do you file it?
Also, how are the requests of a 14 year old child taken into consideration?

Thank you very much

 

[rodeoflower]

It depends on the laws of the originating state as far as I am aware. I just went through this as I moved my daughter from WA to AZ and her father moved to ID. Once my daughter resides in AZ for 6 months she is considered a resident and technically I would have to file in the county in which she is residing. As would her father have to come to AZ to file. However, when we motioned for the move to AZ we redid the parenting plan and one of the sections advised that legal proceedings would take place after mediation and would occur in our original county. For us this was a matter of convenience as both our extended families remain in WA. I don't know if the parenting plan could be upheld if challenged but the judge signed off on it... I would do a search for family laws in your state and see what you can find. Most are pretty clear concerning relocations.

As for your child and his age, it depends on the judge and state laws. In WA after a certain age, children have the right to voice where they want to live. That doesn't mean the judge has to honor the request, merely that the child can go before the judge and state his wishes.