What are my rights with taking my children out of state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights with taking my children out of state?
My husband and I want to get a divorce. We were planning on moving next week. He came to me today and said if I sign papers saying he has joint legal custody and gives me sole physical custody, then we can move. Otherwise, if I don’t sign, I can’t take the kids and need to stay here.. Wht are my rights?
Asked on November 14, 2011 under Family Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Okay, well, sign nothing unless you have an attorney review the documents. What he is basically doing is black mailing you in some form so that he gives his consent to your move out of state. That is because you can not legally take the children out of state and away from their Father without his consent. It could be seen as kid napping. But what he wants here is not necessarily anything he would not get any way by the court or in an agreement between you. Joint legal custody is what the courts would prefer - where each parent has the right to make decisions for the child, each parent has equal rights to access, etc. And you being the custodial parent with him having visitation is also not anything unusual if you are moving away with them. But all these rights - and his consent - have to be spelled out in an agreement and not verbal. So seek legal help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.