QUESTION
Me and my wife are separating and she's threating to move my kids, can she do this?
Asked on Apr 11th, 2013 on Child Custody - Colorado
More details to this question:
I am recently separated (not legally) from my wife, I moved out of our house and she moved her boyfriend in. Neither one of them work and I just started a new job. She has threatened me many times that if I don't pay for them to live there she will move my kids to another part of Colorado (about 4 hours away) I need to know if she can do this and how I can prevent this from happening.
1 ANSWER
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Until a court has entered orders regarding parenting time (i.e., prior to a divorce), each parent has an equal right to parenting time and she could relocate with the kids. To stop this, you need to file for divorce (you could file for just allocation of parental responsibilities as well).
Once your spouse is served with the petition for dissolution of marriage, an automatic injunction goes into effect barring either party from leaving the state with the kids and this injunction can also be used to keep her from moving the kids across the state to maintain the status quo and to not "disturb your peace." Please let me know if I can be of further assistance. I hope this helps.
Answered on Apr 16th, 2013 at 5:37 PM