Q: In the state of Colorado Is it illegal to move your children out of state? If so what might the charges be?
There was no custody agreement in place. The mother moved the kids to Ohio. The kids were shared 50/50 before she left. If the father went and brought them back to Colorado in the state they were born would it be considered kidnapping?
A:
Unless there is a pre-existing custody agreement or a pending custody/divorce proceeding, it is not illegal or improper for a parent to leave the state. If something was in place (custody agreement or litigation) Colorado courts would likely still allow the move, but would likely modify the existing custody agreement to account for the changes in locations for parenting time. That is, court approval would be required if a court approved plan was in place. Depending on the time of the departure, Colorado may still have jurisdiction over the children.
Since Justia is for general legal questions and not for direct legal advice, it is recommended that you contact a family law lawyer to discuss what legal steps are available to you. For general advice, it is usually inadvisable to "take" children without a court order.
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