If your fresh start includes moving children out of state after a Colorado divorce there are a few things you need to know before you hire the moving van.
Your Divorce Decree
There are a couple of things that you need to do before you make your moving plans to make sure that you are within your rights to take the children out of state. During your Colorado divorce the marital property and house hold goods are divided. In addition, the degree states who has custody or the children and decision making powers as is comes to your children. Often the decision making is 50/50 with each parent having a 50% decision making.
Either party should not move children out of state during the divorce proceedings. Kidnapping charges could be possible if a child is removed from the state. There are very strict laws that are readily enforced when there are children involved in a divorce.
During your period of separation it is likely that you and your soon to be ex spouse have come up with an arrangement for when each of you has the children. That agreement should be in writing.
Your divorce decree is the final document that you will get that dissolves your marriage. In many cases your separation agreement will be incorporated into your divorce decree. If you have plans of starting over and moving children out of state than you should mention that to your attorney during discussions so that your Colorado divorce attorney can help you stay within the law.
When all parties involved agree that the children can move out of state with one or the other parent it can be done. However such an agreement has to be in writing as part of the custody agreement. If it is not a part of any written agreement approved by the court then the parent desiring to move with the children has to get an approval to do so. Even if your ex spouse gives you the verbal OK, they may decided to file against you later on and with nothing in writing approved by the court, you can find yourself in a great deal of trouble.
This article is for general information only. They are variety of factors that can come into consideration that are unique to your case. Please contact us, talk to an experienced Denver divorce attorney and get answers for your specific situation.