Legal Question in Family Law in Colorado

child custody - moving out of state

I have primary parental responsibility of my two sons, they live me and my ex-wife was order to pay child support. She seldom does and when she does it is not for the full amount. I have no other family here and would like to move to my home state of CA where I can get a better job and have lots of family to help out with the kids. We also lived as a family in CA for 2 years prior to our divorce in Colorado. Can I move back to CA with my sons if she refuses?


Asked on 1/30/08, 3:52 pm

1 Answer from Attorneys

Re: child custody - moving out of state

Regardless of your ex-wife's position you will need to submit a motion to relocate, a revised parenting plan that will address the transportation needs of the kids and a revised child support schedule. The Court will likely set a hearing if your motion to relocate is contested. If your ex contests the motion the court may consider the factors you identified above: extended family support, etc. Ultimately you have to pursuade the court that the move will serve the interests of your children. You may also want to enforce that child support order. Let us know if we may be of service to you in these proceedings. You should look at the Colorado Judicial Branch website to get a sense of whether you think you can handle this kind of motion on your own.

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Answered on 1/30/08, 5:28 pm


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