Legal Question in Family Law in Colorado

Re: Take the children out-of-state for a better environment

Yes, you can take your children out-of-state without your husband's permission. However, if your husband is abusive, you should also consider a civil and/or criminal restraining order (called an "order of protection") against your husband. You should get the order of protection, file for a dissolution of marriage, try to obtain sole custody of your children based on the father's history of alcoholism, drunk driving and abuse, and then move to New Mexico once the dissolution proceeding has been finalized. Alternatively, you could move to New Mexico and conduct the same process there. However, New Mexico may require you and your children to live in that state for a certain period of time before you may commence the divorce proceedings. In Colorado, you can commence the process immediately.