[kenziesdaddy]

I am looking to see if it will be possible to have my daughter come and visit me in Florida when her mother lives in Colorado. We are in the process of getting a divorce and my wife tricked me into moving to Colorado 5 months ago because she said she was not happy in Florida, even though we own a condo had great paying jobs and plenty of money left over and 2 months ago here in Colorado she says she wants a divorce so I am trying to get back to my family there and my old job which I already got the OK to come back. My wife has a temp job right now and lives with her mom. Where as I have a full time regular job here and will have the same back in Florida. Plus our condo.

I just want to move home and get on with my life and let her get on with hers and let us both be good parents to our 1 yr old daughter. I was told by a friend who went threw a divorce that he and his ex were offered 3 months in one state then 3 omnths in the other back and forth until there kid was old enough for school. Then stays for the school yr at his moms and some holidays and summer at his dads. Do you know if this was even possible? Or something close that I can present to her mother?? Please help!

[iminlove]

Anything is possible but the very FIRST thing you need to do is get a lawyer and file in Florida as QUICK as you can so Florida will be your child's home state. If your wife has already done this in CO you will have to handle custody through Colorado courts even if your wife and child later move. Once you have a lawyer you can try mediation and work out a visitation plan. And if you two can't work it out- the judge will do it for you. But a judge will not deny you visitation just because you live in another state. It will just be more time consuming and expensive to travel and you might get as little as a 6 weeks a year.
Good luck and best wishes!

[Fr_Chuck]

Yes, a large amount of children have to go to another state for visitation, normally it is "HOW they get there" that is the issues, and most likely you will have to offer to pay for all the transportation costs.

[Chelle0578]

Im most circumstances you have to reside in a state for at least 6 months for it to be considered "home" and have jurisdiction. Check your law statutes, and like stated above... if mom hasn't filed, do so in Florida and quick.

[tawnynkids]

Yes, it will be possible. But your visitation will likely be very limited. It is not good for or in the best interest of your child to go back and forth 3 months at a time at one year old. But every other holiday and limited time in the summer is also not good for your relationship with her. I would stay where your daughter is until she is old enough to handle greater lengths of time away from either parent. It may be hard but out of state visitation would be harder on your daughter. I really think you should put the needs of your daughter first on this one. She needs as much stability as possible at this young, young age. Mom will not be ordered to put your daughter on a plane to see you until she is at least 5 years old without one of you there. At 5 yrs or older she would either need to be accompanied by one of you or you will pay for a flight attendant to escort your child in flight. Basically the kids sit up front in the plane where they can "keep an eye on them" but they still have to sit there by themselves. It isn't fun. My daughter does it at 13 and hates it. Until 5 one of you would have to accompany her on the plane both ways, expensive! Or you are talking about LONG road trips. Her being confused about what is going on, where she will be, when she will see the other parent again etc. Honestly, it's tough enough on the older ones to half to do that much less a one year old.

Residency can be established in as little as 60 days. In fact this is from the Colorado Department of Revenue: A resident is defined as a citizen who has lived in Colorado for 90 continuous days; or upon becoming employed, whichever occurs first. So, because that is the established residence of your child you will have to file there. Not where you were married, or where she was born or where ever, you have to file in the state of the child's residence.

It really would be best for you all, but more importantly for your daughter, if you stayed in Colorado. Yanking her around the country is kind of selfish for the age she is and the needs she has at her age.

I am sorry for your very tough situation. I hope you can see the flip side of what you are considering, understandably being near family and moving 'back home" and wanting your daughter to spend time with you. All great things... just consider everything. Good luck in your decision.