Englewood, CO asked in Child Custody and Divorce for Colorado

Q: My wife wants to take my child out of the country to live. I do not want this to happen.I am in colorado. rights?

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2 Lawyer Answers

A: Firstly, she is going to have to have passports to take them out of the country. If you all are in Colorado, your best way to block this would be to file for divorce and have her served. Once she is served with the divorce papers, she cannot take the children out of the state/country without permission of the court while the case is pending. She can still take a shot, as part of the divorce case, at getting permission to ultimately move with them. You should consult with a divorce attorney right away.

A: UNLESS THERE IS A DIVORCE FILED, EITHER PARTY MAY HAVE THE CHILDREN WHENEVER THEY WANT.( SHE WILL NEED THEIR PASSPORTS.) UPON FILING FOR DIVORCE, THERE WILL BE AN AUTOMATIC INJUNCTION IN PLACE WHICH PROHIBITS EITHER PARTY FROM TAKING THE CHILDREN OUT OF STATE W/O PERMISSION.

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