Denver, CO asked in Family Law and Child Custody for Colorado

Q: Bio-mom's lawyer has filed to relocate child out of state, saying my husband consented to it even though he did not.

The two of them had mediation last week to try to come to an agreement for a new parenting plan for her to relocate the child, but they did not come to a agreement on it. He has told her many times that he does not consent to the relocation of their son until they come to an agreement on a new parenting plan. However, her lawyer submitted paperwork to the courts saying that at mediation my husband agreed to the relocation of their 2 year old son to Hawaii on June 16th of this year, even though he did not agree to anything like that. We even have a signed paper that states the couple of things that he DID agree to on that date, and none of it says anything about her relocating on June 16th. They just added that part into the papework. Now they won't tell him which court they submitted the paperwork to, and are saying that they sent him copies of the paperwork in the mail, even though we haven't received anything. We only have 3 weeks, and no idea what to do next to stop her.

Related Topics:
3 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Divorce Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: At this point it is probably best to hire a lawyer. If there is on-going litigation the children cannot leave the state. File a reply to the mediation report stating an agreement was not reached towards relocation (this is the same court where you should have received the paperwork you already have). The court is like the closest court where the wife is residing in Colorado.

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: Firstly, a motion to relocate is going to be filed in the court where the original custody or divorce case was held in. Secondly, if your husband has not kept the court informed of his current address, there is a chance papers would be sent to the wrong address, even if her attorney has his current address. Slimy, yes. But technically he could get away with that. Your husband should call the court where the case was originally heard. In terms of the attorney lying about him agreeing for her to go, the way to deal with that is in the response, indicating that was not true. Additionally, it is inappropriate from a Rules of Evidence standpoint, for an attorney to put discussions from mediation in a court document. You are correct that there a 21 days to respond to a motion. Your husband needs to move quickly and should contact a family law attorney right away.

John Hyland Barrett III
John Hyland Barrett III
Answered
  • Divorce Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: First, he needs to figure out what court is involved. It should be the same court that handled the original case. He then needs to file a response to the motion saying he does not consent. He should do this asap since the court may grant the motion without waiting the normal 21 days since it may believe it is uncontested. He needs to retain an attorney to protect his rights.

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.