Legal Question in Family Law in Colorado
filing for divorce with children involved when parents live in separate states
I recently moved away from my husband in Colorado to NJ (where I have family) with our newborn daughter. I called an attorney there first to make sure it was okay for me to leave the state with her. He said as long as we weren't divorced yet, there was no legal custody agreement and I could go. I even had my husband drive us to the airport and help me check in. If my husband were to file for divorce in Colorado, would I have to move my daughter back out there? He seems to think I'd have to, and I think he might be using it as leverage to get me to move back. This has been a bit of an abusive marriage. The physical violence has stopped, but there is still verbal abuse. He is refusing to send me any money for her. Would it be possible for me to get sole custody of my daughter? I have two police reports for domestic violence from NJ from a few years back, and plenty of witnesses to various threats and anti-semitic comments.
1 Answer from Attorneys
Re: filing for divorce with children involved when parents live in separate stat
It is quite possible that a Judge could order that the child be returned to Colorado while a divorce action is pending there. However, the Judge in Colorado should have a hearing first before deciding whether to order the child to return to Colorado. Whenever a divorce action is filed in Colorado, there is an order that automatically goes into place that neither parent shall take the children out of state unless the other party agrees or has court approval. The fact that your husband helped you move back to New Jersey is probably going to be strong evidence that he consented to your decision.
Colorado does not recognize "custody," rather it's divided into decision-making responsibility and parenting time. The type of decision-making responsibility and parenting time appropriate for your case depends on a number of factors.
Christine C. Nierenz, Esq.
The Harris Law Firm, P.C.
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