Q: My son has court in Oct for custody of his daughter. Can he move out of state? Mother is in jail

A: Your son will need to seek court approval to leave the state BEFORE he leaves. The judge will likely allow the move eventually, but the mother's sentence combined with the closeness of leaving the state from the petition may can a delay in gaining court approval. As for your son getting full custody on a permanent basis, this is no guarantee. First, the D&N charges against the mother will likely reduce the amount of time she has with the children and will likely result in supervised visits, but this does not automatically prevent the mother's access to the children. Second, the jail term will likely result in in sole custody to the father during the mother's time in jail (assuming the term is longer than a few months), but the mother can petition for a modification when she leaves jail (and will likely be granted at least some contact).

A: Your son needs to formally request permission to leave the state with the child. He should probably file something with the court, and also mail the mother a copy, indicating that he intends to "remove" the child from Colorado, meaning that it is his intent, once the case is done, to move with the child. The mother should be given notice, as she has the legal right to challenge such a move. Given her criminal trouble and history, it sounds like he has a good chance of prevailing and being able to move. He should consider hiring an attorney to assist him.