Colorado-child relocation

[Rideralee]

My kids and I currently live in Colorado. I have been divorced for 8 years and have had sole physical custody in all that time. The children’s father has lived in Alaska for the last six years and just recently moved to Montana. What I am wondering is can my children move to Missouri like we currently have planned? My ex is saying he does not consent to us moving out of state (Colorado) since this is where the custody agreement was made. He’s also saying it’s because this is where both our families live. But something else to consider is that he and his family have only taken the opportunity to see the kids 2-4 times a year. Where as the kids have been with me and spend time with my family a 1-3 times a week.

 

[PayrollHRGuy]

We don't know what your order says or if there is even an order.

Barring some laguage, in the order stopping you from moving the children, you can move as you like.

 

[Zigner]

If he will not consent after you haven given him written notice of your intent to relocate, then you will need to get permission from the court.

 

[Zigner]

We don't know what your order says or if there is even an order.

Barring some laguage, in the order stopping you from moving the children, you can move as you like.

That is not correct in Colorado...it is codified. C.R.S. 14-10-129(2)(c),

 

[PayrollHRGuy]

I don't think the relative geographical location is changed that much between Alaska and Colorado/Missouri.

Where the husband's family lives really doesn't matter.

 

[Zigner]

I don't think the relative geographical location is changed that much between Alaska and Colorado/Missouri.

Where the husband's family lives really doesn't matter.

If, after proper notification, the father objects, then the OP will need to get the court's permission.

 

[Rideralee]

It does have the code stipulating consent. I was just curious if he still had grounds to keep me from leaving even though he does not live here.

 

[Zigner]

It does have the code stipulating consent. I was just curious if he still had grounds to keep me from leaving even though he does not live here.

For the third time: If you give proper notice and he properly objects, then you will need to get the court to approve the move.

 

[Rideralee]

Ok thank you.

 

[Zigner]

Ok thank you.

Please be aware of my use of the word "proper" - give the man proper notice of your intent to move. Review the law for the requirements of the notice. If you are still unsure on how to proceed, then you should seek the assistance of a local attorney.

 

[LdiJ]

For the third time: If you give proper notice and he properly objects, then you will need to get the court to approve the move.

And, its almost a slam dunk that you would receive permission from the court as dad lives so far away and has for the last six years. Dad is wrong that Colorado would have any interest in keeping you there when he does not live there himself.

 

[Zigner]

And, its almost a slam dunk that you would receive permission from the court as dad lives so far away and has for the last six years. Dad is wrong that Colorado would have any interest in keeping you there when he does not live there himself.

I absolutely agree - however, it must be done according to the law.

 

[LdiJ]

I absolutely agree - however, it must be done according to the law.

Yes, it would be too risky to do so without following the correct legal proceedure.