Denver, CO asked in Divorce for Colorado

Q: Hi, im looking to divorce my husband. Can I leave the house without facing any problems for taking my daughter?

My name is Alexa. I no longer can continue being in an abusive marriage, he's abused me in the past. I feel like Im forced in this. I want to leave the house ASAP but im scared i will face serious consequences for taking my daughter with me. What would be the propper steps to follow in this situation? Im scared I will have custody issues if I leave.

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: As a parent you can leave with the child in both emergency and temporary situations. If you are concerned about an IMMEDIATE threat to the safety of you and/or your child you can leave without notification. If there is not an immediate threat, it is recommended that you provide your husband with means to contact you (you can also seek a protective order later if he becomes violent). In the best of all worlds, you should begin the process of filing or preparing for the divorce when you leave (you do not have to do it immediately, but threat it as a priority). I recommend that you contact a lawyer. If you cannot afford one, try these places: http://www.intotolegal.com/upcoming%20Events/Pro%20Bono%20Services.html . Your local courthouse will also have resources available.

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