Los Angeles, CA asked in Family Law and Child Custody for Colorado

Q: can I take my kids out of state?

My boyfriend and I have lived with his parents in colorado for 3 years. He became physically abusive with me recently and I want to leave to tennessee with our two babies (ages 1 and 2) but he tells me I cant take them. We are unmarried. Thank you

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1 Lawyer Answer
Sabra M. Janko
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Answered
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: I am sorry to hear about your situation. The home state of the children is where they have been for the past six months and that is the state that has jurisdiction over custody and parenting. Domestic violence does have an impact on that, however and parents are generally not faulted in the court system for fleeing domestic violence. You can not withhold the children from the other parent, however unless they are not safe with the other parent.

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