Q: If I have a pending divorce with no custody agreement, can I leave with my child for 6 weeks for work out of state?
I have a pending divorce case with no child custody agreement as of now. I have a job opportunity in Colorado for 6 weeks and it would help my career tremendously by taking it. I am wondering if I can leave for 6 weeks with my child so she can be with her grandparents and I take this opportunity in another state? The father would know where I am and where his daughter is and that she’s safe if I did take it. My lawyer is advising me not to do it because my ex husband has hired an attorney today but I’m not dropping his daughter off with him anyway as I have an emergency custody order for the presence of toxic mold being heard the end of next month. Can I take this opportunity for 6 weeks?
A:
Take your attorney's advice. That's what you are paying him or her for. And it sounds like your lawyer is spot-on. You could potentially hamper your entire case with your proposed action.
A divorce has been filed and the court now has jurisdiction over the child. Do not do anything without an agreement or court order.
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.
