QUESTION
Should I relocate with my kids, within state, before or after filing for divorce?
Asked on Feb 25th, 2013 on Divorce - Colorado
More details to this question:
My husband and I are planning to divorce, but he is leaving it up to me to start the process. We are currently separated (not legally). I am living in our home with our two young children (ages 3 and 1). We are living in the same town, but he is only coming home occasionally to see our kids. We live in a remote town in Colorado. I have no support system here and am the primary caregiver for our kids. I am home with these kids and take care of their needs 90% of the time and it has been like this for most of the past year. I need help and want to move with my children to live near my parents and two sisters about 7 hours away across the state. My husband said he will fight this move. I want to get the divorce and moving process going ASAP. Should I move before filing or after? Does it matter in which county I file if it is in the same state?
1 ANSWER
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Until there is a court order about parenting time, each parent has an equal right to parenting time and there is nothing to stop you from moving across the state. Venue (where you file) is proper where he resides or in whatever county he is served in. You can, however, file in any county and it would be up to him to object to that venue and try to have it moved. You probably are better off moving before filing, but
I would need to know more about the facts of your case to give you a more definitive response as to whether that would benefit you legally and you also should consider the human factors and how it will affect your case and your relationship with him going forward as co-parents if you move the kids prior to filing for divorce and getting a court order regarding parenting time (given the age of the children, the facts you state and his involvement with the kids, it sounds like you have a pretty good case to be allowed to move across the state in any case). I offer a free 15 minute initial consultation if you have further questions. I hope this helps.
Answered on Mar 09th, 2013 at 1:58 AM