Q: I am married, just filed for divorce. My wife lives in NC, I live in CO with our minor child and need to move to KS.
I have residential custody and there is already a parenting time plan in place, filed and approved by the courts as a result of a abuse/neglect investigation involving my wife. She moved to NC during that investigation before there was a parenting time order. She now says I'm not allowed to move with our daughter out of CO without her consent. We are moving closer to her, and not asking to change anything about the parenting time on order. CO is very 'do it yourself' when it comes to family court, and I can't afford an attorney. Can anyone actually answer my question: Since she is NOT in CO, am I allowed to move with our child to a different state or do I still have to have her consent? Thank you John for the answer - but could you also tell me why I need her consent since she doesn't live in CO either?
A: You need her consent or an order from the court allowing the move. If she will not consent, you should file a motion to approve the move. You should get a lawyer to help you with this.
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