Legal Question in Family Law in Colorado

Leaving the state

1. Get a lawyer. You need some immediate court orders.

2. Read Littlefield, WA case at http://www.wa.gov/~COURTS/opinions/644713_O01.txt

3. Are you really doing the right thing for the kids? No one can replace their father.

Getting out of Dodge

I am not licensed to practice in Colorado. In my home state (Virginia), even a proposal to move outside the Commonwealth constitutes a material change in circumstances which allows the court to determine whether the childrens' best interests would be served by keeping their custody with the moving parent. If the non-custodial parent is unwilling to mediate or agree in court about the effect of the move on the children, so long as I had a mental health professional ready to say that the move was in the childrens' best interests, unless there is a court order prohibiting such a move, I would go ahead and make plans to move if you get the new job. In all likelihood, assuming that the non-custodial parent takes you back to court and can meet whatever threshold test your state has for reviewing custody, professional mental health testimony that the move is best for the children should enable you to retain custody.

Move from Colorado

I am not licensed to practice in CO however have observed several cases with similar circumstances as you have set out.Mr. Preble is correct in advising you to contact counsel, should you not already have done so.CO apparently has statutory language in place which speaks to giving prior notice to the non-residential parent upon considering a move of children--the penalty for non-compliance can possibly be fairly severe.I assume you have attempted all you can do on your own to mediate the custody arrangements--do you have a court order to mediate or will the Court hear your arguments prior to doing so?Orders of the Court will definitely move things faster at times--in my opinion, you should file petition for assistance with the aid of CO licensed counsel.

A little reading

Here is an article that may be helpful:

Rocky Mountain News

September 16, 1996; Pg. 14D

Far-reaching Custody Issue

Q: I have been offered a wonderful job in Atlanta. If I accept the offer it will mean taking my two children out of Colorado, but my ex-husband will probably object as he sees them every other weekend. What are my chances? A: The Colorado Supreme Court has recently made relocation for the primary residential custodian much easier. If you care for the children most of the time and there is a sensible reason for your move, there is a presumption that your decision to move with the children should generally be allowed. The court decision did not cover cases where parents ''truly share joint custody, '' and that status was not defined. To prevent you relocating with the children, your ex-husband would have to show the court that the children will be endangered by the move to Atlanta or that the negative impact of the move cumulatively outweighs the advantages of remaining with the primary care-giver. In making this decision the court will consider whether the move will enhance the quality of life for you and your children, including your ability to support them, whether a reasonable visitation plan can be fashioned, the support system of family and friends at both locations and any other relevant factors. This is a very complex issue and the full decision of the Supreme Court is quite involved. You would be well-served to consult expert family law counsel in making your plans.

Another article

The National Law Journal

July 8, 1996; Pg. B9

Endangerment Standard Applies to Change of Custody

by David Nadvorncy.

WHEN A TRIAL court considers modification of a sole custody decree that would result in changing the residential custody of the child, the court must apply the "endangerment standard" as set forth in Sec. 14-10-131, 6B C.R.S. (1987), the Supreme Court of Colorado held June 3. In In re the Marriage of Francis, 94SC538, the marriage of Joanna Krystyna Chobot and Steven G. Francis was dissolved pursuant to an agreement between the parties that Ms. Chobot would have sole custody of the couple's five minor children. When Ms. Chobot was accepted into a physician's assistant's school in New York, Mr. Francis moved for modification of custody, seeking a change from sole custody to joint custody, or to sole custody vested in him. The trial court ruled that Ms. Chobot could not remove the children from Colorado, and that if she chose to attend school outside the state, custody would be modified.

The court of appeals affirmed, determining that the trial court was required to apply the best interests standard when considering a change from sole to joint custody. The high court held that the endangerment standard applied, and that in a removal dispute, there is a presumption that the custodial parent's choice to move with the children should generally be allowed. The court remanded the case for further proceedings.

Removal of Children From CO

I agree wholeheartedly with the post from Gary Preble. You have three different questions here: 1st) Can you move without it affecting custody of the children? Answer is I don't know, but any Colorado attorney doing much domestic work and having a familiarity with the judge involved would know; 2nd) If you can, what do you need to do in order to get it done quickly? The answer is go in to an attorney quickly (he should be able to get an emergency hearing or even a Ex Parte Order allowing a temporary modification; and 3rd) SHOULD you really move, considering the effect it is going to have on the relationship between the children and their non-custodial parent? I submit that the third of these three questions is the most important of them. Children NEED both parents. They actually need both parents in the same household, but that is attempting to put a genie back in the bottle. Does your personal or career satisfaction justify the kind of severe harm a move would do to the relationship between the children and the other parent? As a parent I suspect you accept the fact that your own satisfation or happines must often give way to what is best for the children... this might be one of those times.