Huntsville, AL asked in Family Law for Alabama

Q: Is it ok for my wife to leave town with the kids and not tell the father even though we are livivng together?

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1 Lawyer Answer
J. Adam Beckman
J. Adam Beckman
  • Littleton, CO

A: When a divorce is filed the court enters a temporary injunction restraining either parent from leaving the state of Colorado with the children. From you question you don't indicate whether or not a divorce has been filed and served on your wife. If no divorce has been filed and served then either party is free to leave anytime as there are no court orders restricting either parties right to travel. It would be advisable to speak with an attorney about this issue, if she did leave the state of Colorado, complex jurisdiction statutes come into play about specific time frames regarding where a divorce can be filed, and whether or not Colorado still has jurisdiction.

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