Q: If no one has custody, can I take my children out of state to live with me? We are married but nothing is filed.
I moved to Texas from Pueblo a couple of weeks ago. I left my kids with my wife. Now she is saying I can't see them unless I get counseling. She has been diagnosed with borderline personality disorder and is going to soon have a warrant out for her arrest. Can I pick up my kids and bring them to Texas since nothing is filed with the Colorado court system?
A: Contact a family law attorney. Colorado will continue to have sole jurisdiction over the children for at least 6 months beginning when the children permanently leave Colorado. If you privately agree with your wife, there is nothing wrong with informally leaving with the children. However, if you choose to take the children without consent, you can be charged with child abduction (this will also launch a Colorado-based divorce/custody hearing).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
