Legal Question in Family Law in Colorado

Can I take my children to another state without their fathers permission

My boyfriend and I have 2 kids. We don't get along and I want to move out and take my kids to my parents to live. Can he file kidnapping on me?


Asked on 11/13/05, 10:59 am

2 Answers from Attorneys

TC Langford Langford Law Office

Re: Can I take my children to another state without their fathers permission

Provided you are the biological parent, and there are no court orders restricting your parental rights, you can take them anywhere you wish.

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Answered on 11/14/05, 4:00 pm
Fran Brochstein Attorney & Mediator

Re: Can I take my children to another state without their fathers permission

If there is a court of continuing jurisdiction, you MUST follow the court's order.

If there is NO court of continuing jurisdiction, then you are free to move and it cannot be considered kidnapping.

However, you need to check how long you need to live in the new state before you file a lawsuit in that state for custody.

In the meantime, the father can file in Texas and you will have to come back to Texas to respond to his lawsuit.

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Answered on 11/15/05, 3:52 pm


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