Q: If I have a 20 year old 16 year old and 15 year old do I have to fight my husband for custody rights?
Could I move out of state?
A:
The 20 year is not a factor unless you want to negotiate partial payment of college expenses (allowed, but not required in Colorado). The 16 and 15 year olds will definitely be subject to custody agreements, visitation, and child support (until 19 in Colorado).
Turning to leaving the state, If no exiting court prevents it (i.e. a custody agreement or a filed divorce or custody petition), there is nothing preventing you and the children from leaving the state. Be aware that Colorado will continue to have jurisdiction (power) over all custody matters until the children have a permanent residence outside of Colorado for over 6 months. In other words, it is possible to leave the state, but you will have to return to Colorado for both divorce and/or custody matters until the 6 months pass. Until the period has elapsed, you ex call pull all parties back to Colorado for litigation (but cannot force you to move back).
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