Q: How can I legally move my abused daughter from Missouri to Colorado?
I have shared custody over my two children, but they have been living with their mother, my ex, who moved to Missouri in 2021. For two years, I was able to exercise my parenting rights by flying them to Colorado until my ex cut off all contact. Recently, I’ve started communicating with my 17-year-old daughter via Instagram, where she reported experiencing abuse and neglect from her mother. There was a physical incident last weekend involving DHS and the police, but I haven’t been contacted yet. Despite my established parenting schedule, my ex refuses to provide information or allow communication. My daughter, who has expressed through messages her desire to live with me in Colorado, has been completely honest and truthful about her situation. I hold documentation of our conversations and evidence of her situation. What is the fastest legal way to bring my daughter to Colorado given this situation? There are no protective orders in place, and no new custody orders have been issued since 2021.
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A:
Given the situation, the fastest legal way to bring your daughter to Colorado would be to first file a petition for modification of the custody order in the court that issued the original order. This petition should explain the circumstances, including the abuse your daughter has reported and her desire to live with you. The court will need to review the evidence you’ve gathered, such as communication records and any reports from law enforcement or DHS.
Since there is no protective order in place, and your ex has not allowed communication, you may want to request an emergency hearing to address your daughter’s immediate safety. This could help the court expedite the process, particularly if your daughter is in danger. The judge can issue a temporary custody order to grant you full or partial custody until a more permanent decision is made.
You should consult with a family law attorney who can assist you with the process and ensure that all legal steps are properly followed. An attorney can help you present your evidence to the court and request the necessary modifications to ensure your daughter's safety and well-being.
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