Legal Question in Family Law in Colorado

out of state child custody

My boyfriend has recently asked me to marry him. Although this is good news, I haven't yet given him an answer. I live in Colorado with my 2 year old daughter and share 50/50 custody with her dad. We have never been to court to determine custody, we just worked it out ourselves. My marriage would require me to move out of state, as my boyfriend is in the Navy. I would want my daughter to live with me for the majority of the time and obviously still visit her dad.What are my chances of this being a possibility? He is a very good father and I'm a good mother, he makes a lot more than me. i can't think of anything else relevant you should know. What is my next step? how good are my chances of winning? Would the court look at me as taking my daughter away from her family? Help!!


Asked on 2/11/08, 12:08 pm

1 Answer from Attorneys

Re: out of state child custody

I would strongly recommend getting your parenting time into a court order before you move, as it will save you grief in the future. If you are lucky, the father of your child will be willing to work out a parenting schedule with you. In that case, you can file the case along with the agreement and be done fairly quickly. If you cannot reach an agreement, then you can take it to court. Cases where a parent wants to move with the child out of state are very dependent on the facts of each individual case. From what you have said, you probably have a pretty good chance of being permitted to take your daughter with you. However, I can't say for certain without knowing more. It is unlikely the court will view it as you taking your daughter away from her family. Feel free to contact me to discuss your situation in more detail. That would enable me to give you a clearer answer.

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Answered on 2/14/08, 4:12 pm


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