Q: We moved from TX to CO last summer. How can I move back to TX with my son when we get divorced?
My wife needed medical cannabis for her back so we moved in July 2016. Now she wants a divorce and is trying to force us to live in the same town. I want to move back to Texas with my 6 year old son where all our family lives. How can I do this?
A: Once a divorce is filed, you will need court permission to relocate with your son. Basically, you will have to show that it is your son's best interests to live primarily with you in Texas rather than with his mother in Colorado. You should retain an attorney to advise you how to put yourself in the best position to accomplish this.
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A: You would need to raise the issue of being able to move with your son back to Texas as part of the divorce. That would ultimately be an issue for the court to decide and the analysis would flow from a case called "Spahmer," which basically requires the court to accept where each parent wants to reside and to then make a determination as to which parent is better suited to have primary residential custody. Now that she has indicated she wants a divorce, to leave without her permission or court permission could greatly negatively impact your case and chances. You should consult with a family law attorney.
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