Q: I am separated from my abusive husband right now and filed for divorce a month ago. I want to move to a different state.
Do I have to wait for the divorce to be final before I move?
Also, he does not know that I am pregnant, and neither does the court system. If I move to another state and give birth there, which state's laws will apply to my child and I?
What happens if I give birth to my child before the divorce is final?
A:
You can leave the state without court approval. Be aware that because the divorce proceedings are still active you still need to appear. If you have a lawyer, you can appear for most of the proceedings via phone (this is not the preferred method and there is some court bias towards this, but there is nothing improper with phone appearances).
Turning to the pregnancy, you should discuss this matter in full with a lawyer directly because Justia is NOT covered under attorney-client privilege.
As for leaving the state pregnant, until you give birth to the child in Colorado (if you choose to), you can leave the state without court approval. Also be aware that Colorado DOES NOT have jurisdiction over an unborn child until the child is born in Colorado or lives in Colorado for 6 months plus a day. In other words, you--as a pregnant woman--can choose which state you want to have your baby in (and thus choose laws or localities that are more favorable for you). Be aware this will raise you legal costs because you will litigate in two states.
Colorado favors joint 50-50% custody for children and does not consider fault (i.e. DV charges) in allocation of parenting time (visitation).
If you do not want Colorado to have jurisdiction over the child if you decide to keep it) DO NOT file or discuss in court any custody/visitation/child naming matters (these constitute waiver of jurisdiction to Colorado). Paternity and notification of pregnancy are not considered waiver of jurisdiction over the child.
Again, talk to an attorney in Colorado about Colorado laws, and ways to avoid waiver of jurisdiction if you do not want custody matters in Colorado. If you do talk to a lawyer make sure that they discuss the Uniform Child Custody and Jurisdiction Act (if they do not mention it, the lawyer may not be familiar with the highly technical special rules relating to pregnant woman and unborn babies).
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