Denver, CO asked in Divorce for Colorado

Q: My wife is a resident of Oklahoma and a native american....

She and my sons have been living here in colorado with me, my sons going to school here. She is threating to leave and take my kids to oklahoma on the reservation and not letting me see them. I have many friends that have divorced and now cannot see their kids due to these same circumstances. I have a great job and don't want to lose my children as a father I know I have slim chance. Do I file for Divorce in colorado or Oklahoma also custody? And what do I have to do to keep my kids with me?

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3 Lawyer Answers
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: If your wife and sons have been living in Colorado for more than 182 days and there are no custody orders from elsewhere, Colorado would be the proper jurisdiction for divorce and custody. Regardless of whether she is an Oklahoma resident, custody moves with the children. However, you must also keep in mind that federal law, the Indian Child Welfare Act, could also come into play. If you want to prevent her from leaving, you need to get a divorce case filed and have her served right away.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: If your wife and sons have been living in Colorado for more than 182 days and there are no custody orders from elsewhere, Colorado would be the proper jurisdiction for divorce and custody. Regardless of whether she is an Oklahoma resident, custody moves with the children. However, you must also keep in mind that federal law, the Indian Child Welfare Act, could also come into play. If you want to prevent her from leaving, you need to get a divorce case filed and have her served right away.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: If your wife and sons have been living in Colorado for more than 182 days and there are no custody orders from elsewhere, Colorado would be the proper jurisdiction for divorce and custody. Regardless of whether she is an Oklahoma resident, custody moves with the children. However, you must also keep in mind that federal law, the Indian Child Welfare Act, could also come into play. If you want to prevent her from leaving, you need to get a divorce case filed and have her served right away.

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