Asked in Family Law for Colorado

Q: I have majority time share w/ my 3yo in CO. I want to relocate back to my state but have court order parent share.

How do i move legally or start the process? Dad is on probation until june. No protection order but a no contact order between him and i except text about child). He plead gulity in 2013 for domestic violence against me. Misdemeanor. He got put back on probation because he didnt complete domestic violence classes. He only has 108 nights a year with child. All my family and support is in another state. His family is in colorado but he lives with his mom. I need help.

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1 Lawyer Answer
Stephen J. Plog
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Answered
  • Tampa, FL
  • Licensed in Colorado

A: Regardless of the specific facts, you will need to file a motion to modify parenting time which also contains a request for relocation. This type of motion is filed pursuant to CRS 14-10-129. With the father receiving 108 overnights per year, or in any case, seeking relocation is generally the toughest battle one might face in a family law case. The domestic violence and the fact that he is on probation would not necessarily be huge factors in the eyes of the court. That being said, you may have other factors in your case which a court might find compelling as a basis to let you leave Colorado with your child.

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