Legal Question in Family Law in Colorado
Moving out of state with children
My new husband is being transferred to another state, due to a new military assignment. I have joint custody of my two children aged 11 and 9. The children want to move with us, and spend summers with their father. If their father agrees to this, does the matter have to go through the court? Or can their father and I work out an agreement on our own and do a modification to child support based on the number of days per year each of us has the children? Please help, I only have 2 months before my husband has to report for duty.
1 Answer from Attorneys
Re: Moving out of state with children
If you and the father are able to reach an agreement regarding parenting time, it is definitely best to get that in writing and filed with the court before you leave. Otherwise, if you two just have a verbal agreement and you move away, he could later come back and say he didn't agree. And, depending on the final orders in your divorce, it may be necessary to get the agreement in writing before you move.
In the event that you two cannot agree on a parenting plan, then the matter will have to be decided by a Judge.
Either way, I would recommend that you consult with an attorney of your choice either to review your agreement or to assist you in filing the appropriate motions with the Court.
Hope this helps!
Christine C. Nierenz, Esq.
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