Q: Married & moved to Colorado on military orders August. Got divorce papers december. Want to take my child home. What now
An issue happened between father and i. Not even 3 months and he filed for divorce. He got a restraining order put on me. He is living with girl that he was cheating on me with and got her pregnant during that time frame. I Recently have my child half of the week. I feel that my child is being mistreated by the girlfriend and I also know the father is not the biological dad, but is on the birth certificate. Since colorado is not my permanent residence can i take my child? Can there be any consequences? I just want to go home. I feel that what I am doing is also in my son's best interest.
A: If there is a Colorado case regarding custody pending, you will need permission from the court to leave. You are not allowed to take the child from Colorado while the custody or divorce case is pending. You will need to make sure that you ask the court for permission to move out of state with your child. You should also raise the issue of your son's well being in terms of the girlfriend and custody. Regardless of where permanent residence is, the court can exercise jurisdiction over your child if your child has been here 182 days or more. If you leave without permission there will be serious consequences. Thus, gaining permission is vital. Though a court will not likely let you go while the case is pending, if you are the primary caregiver you have a reasonable shot at being able to move with the child as part of the final orders from the court.
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