Legal Question in Family Law in Colorado

Re: Several failures to do what is required

There are a lot of factors that go into the court's decision as to what is in the best interests of the child, including the previous history since your husband divorced. However, to the extent that the mother is not participating in the process such as meeting with the special advocate or complying with the court's request, she is only hurting her case. As to whether she will be able to move out of state with the child, generally in Colorado that's a very difficult case to make. In order for her to move away, the court would have to find that there is evidence that a move to the other state is truly in the best interests of the child, and not just that it's in the "best interests" of the parent. Given that she's planning to move in a month, it would definitely be in your husband's interests to request an order from the Court that the minor child stay in Colorado until the dispute is over. Along those lines, I would strongly urge your husband to speak with an attorney as soon as possible to best protect his legal interests and to make sure the mother doesn't take any actions that are adverse to the best interests of the child.

Hope this helps!

Christine C. Nierenz, Esq.

The Harris Law Fim, P.C.