Can I take my child out of state? 1 Answers as of June 02, 2011I am currently separated from my husband, but neither of us have filed for divorce or legal separation. I am currently considering moving out of state with my 2 1/2 year old son so I can get help getting "on my feet" from friends. Is that legal for me to do so?
John E. Kirchner, Attorney at Law | John Kirchner
Yes, if there is no current court proceeding concerning the divorce or if your husband agrees in writing. However, sooner or later a court will have to decide all the parenting issues and your conduct in taking the children away from their father could be considered as not in the child's best interest by denying him the benefit of 2 parents. If you leave and your husband decides to file in Colorado before you have been gone for more than 6 months, the Colorado court will have the exclusive jurisdiction to decide parenting issues (i.e custody) and the court could require you to return the child to Colorado. You should consult an attorney about your options, because it would better for you to get all the parenting issues resolved by a court ordered parenting plan before taking drastic steps that could backfire on you.
Answer Applies to: Colorado