[rohr61]

My ex has residential custody of my 8 yeair old son. He is leaving to Texas in a few days. Ex put in a relocation and I am doing a objection. My ex is leaving my son here while he goes ahead and moves to see what the court decides. When ex leaves can I go to the courts and files a temp custody ?

[ScottGem]

You certainly can file. I would think you stand a good chance.

[JudyKayTee]

Not if there is already an action pending - have you actually filed an objection? You ex appears to be following the law - he is leaving your son here while he physically moves. That makes it sound like the move is necessary.

You don't need to file for temporary custody - you will HAVE temporary physical custody. Do you want temporary legal custody? I don't see the need for that relief.

Your Attorney can also petition the Court for an expedited decision.

[rohr61]

My ex is leaving to Texas and leaving son here with me, he has residential custody of son. When ex leaves can I get temp custody of son

[ScottGem]

If the ex is leaving the child with you then you will have, be default temporary custody. What is it you actually want?

[Fr_Chuck]

You can file, was there reasons he had custody to start with ? If there were problems, those will still be there.

Also if he can find a way to offer to the court a way for you to still be part of the child's life it is hard to tell.

Also how much were you part of the child's life in the past months and years? If you were visiting every week then your case is stronger than if you seldon saw the chlid

[JudyKayTee]

You can apply for temporary custody IF the court will accept that application while the original request to move is pending. You will have temporary physical custody by virtue of your son being "left" with you.

My advice above remains the same.

[rohr61]

No I have no put in a objection yet. If my ex leaves son here for the court to decide does it look like it will more in my favor?

[rohr61]

You can file, was there reasons he had custody to start with ? if there were problems, those will still be there.

Also if he can find a way to offer to the court a way for you to still be part of the childs life it is hard to tell.

Also how much were you part of the childs life in the past months and years ?? if you were visiting every week then your case is stronger than if you seldon saw the chlid

No, there we were never any problems in the first place. He can not hold any thing against me. Also I was getting my son every Friday and Saturday and sundays and would drop him off at school mondays and he would return to his dads after school I also had him the first and 3rd tuesdays of each month.

[rohr61]

If the ex is leaving the child with you then you will have, be default temporary custody. What is it you actually want?

I want to get full custody

[rohr61]

Thank you, very much for your time.

[Fr_Chuck]

He will most likely still get and keep joint legal custody, you would or may get physical custody and he gets visits including most likely a longer period around some holidays and summers ( school times) But they may still allow a joint custody agreement.

[cdad]

I think the courts would reject your request and his excuse can be he left him with you for vacation. If there is pending action and no threat your not really allowed to file anything more till it is settled.

[rohr61]

So, I will need to wait till I go back to court on the objection and see what the judge decides ? And if my son will be able to leave the state or stay here with me ?

[ScottGem]

First you have been asking about temporary custody. The custodial parent is giving you such custody by leaving the child with you while he goes ahead and moves. You already have joint legal custody according to what you have told us.

You can try to formalize the temp custody with a court order pending resolution on the request to move. But you WILL have to wait until the hearing on the request to move before anything can be finalized. If your ex moves prior to getting permission, I believe the court will transfer primary custody to you and require a modified visitation for him.

If he waits until the court rules before moving, then, while he may not get the right to move with the child, he will retain primary custody unless he decides to move.

[rohr61]

Thank you, and yes my ex is leaving, he says on the 7th of July and I have not even had time to put in my objection yet, so he will be gone before this goes in front of the judge, which by what I am getting is, this might be a good thing, if he does leave before court. I should get the custody I am seeking.

[ScottGem]

You need to file an objection immediately.

[GV70]

I want to get full custody

I guess you want to be the primary custodian.

and if my son will be able to leave the state or stay here with me?

Generally anyone has a presumptive right to move with the child. However, that right can be overcome if the other parent objects and presents evidence that the move would harm the child's interests.
The judge must look at reasons.
# The wishes of the parent or the parents as to custody,
# The wishes of the child as to the custodian,
# The interaction and relationship between the child and the child's parent or parent's the child's siblings and any other person who may significantly affect the child's best interest.
# The child's adjustment to home, school and community,
# The mental and physical health of all individuals involved,
# Which parent is more likely to allow the child frequent and meaningful continuing contact with the other parent,
# Whether one parent, both parents or neither parent has provided primary care for the child,
# The nature and extent of coercion or duress used by a parent in obtaining an agreement re custody,
# Whether the relocation is being made or opposed in good faith and not to interfere with or to frustrate the relationship between the child and the other parent or the other parent's right of access to the child.
# The prospective advantage of the move for improving the general quality of life for the custodial parent or for the child,
# The likelihood that the parent with whom the child will reside after the relocation will comply with parenting time orders,
# Whether the relocation will allow a realistic opportunity for parenting time with each parent.
# The extent to which moving or not moving will affect the emotional, physical or developmental needs of the child.
# The motives of the parents and the validity of the reasons given for moving or opposing the move including the extent to which either parent may intend to gain a financial advantage regarding continuing child support obligations.
# The potential effect of relocation on the child's stability.

[GV70]

For example-
CRS 14-10-129 mandates that the court consider
(I) The reasons the party wishes to relocate with the child;

(II) The reasons the opposing party is objecting to the proposed relocation;

(III) The history and quality of each party's relationship with the child since any previous parenting time order;

(IV) The educational opportunities for the child at the existing location and at the proposed new location;

(V) The presence or absence of extended family at the existing location and at the proposed new location;

(VI) Any advantages of the child remaining with the primary caregiver;

(VII) The anticipated impact of the move on the child;

(VIII) Whether the court will be able to fashion a reasonable parenting time schedule if the change requested is permitted; and

(IX) Any other relevant factors bearing on the best interests of the child.

[GV70]

In some states it is presumed that the custodial parent has to prove relocation is in the child's interest.
In others-it is presumed that the non-custodial parent has to prove relocation is against child's interest.
Child Custody Laws vary by state