Pueblo, CO asked in Child Custody and Family Law for Colorado

Q: I want to move me and my child to a home my grampa gave me free of charge in nevada. husband refuses to move. can we go?

He is very non-involved with the two of us. He can't keep a job and our apartment is roach infested and the foundation and walls have major cracks. it is a dump and honestly should be condemned. we went three months without a working kitchen sink before the landlord finally got it fixed. No clue how he plans on paying $725 rent plus all the other bills we have since we are both jobless now. we can maybe last another month and a half. my grampa said i could have his other home with lots of space and land at no rent or mortgage cuz he owns it outright and is offering to sign it over to me. This is a stable secure home alot safer than pueblo but if i take our 2yr old he will demand i bring her back. he did sign a letter i videotaped him signing that i could take her and move out of state but now is saying he changed his mind. this is a better life option that my grampa isn't offering forever. he will sell if i don't move in. can i go and when he files divorce could i be allowed to keep he

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

A: It depends on if there is a court order in place or not. if not, either parent can remove a child from the state but can not withhold that child from the other parent. This action often comes with a host of problems though, such as allegations of parental kidnapping.

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