My daughter needs to leave the state of Colorado to relocate with her job. She is separated from her husband and right now her husband has care of their 2 children because of her medical needs. He will not release her to leave the state saying this would be abandonment. He will not sign any papers of a plan for custody. Would this be abandonment if she left the state?

Quick answer simple no. This is not abandonment. She isn't trying to take the kids away from him. That is generally when a problem comes up is when one parent is wanting to leave and take the children... that isn't the case here. He doesn't have to sign anything to allow her to move.

Now, if she actually has custody through the court and the kids are with him because of her health and that hasn't gone through court yet then he can go to court to get custody. He could do that even if she didn't move. Her visitation would obviously have to be changed if she is farther away but again she doesn't need permission.

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Originally Posted by Dbselman

He will not release her to leave the state saying this would be abandonment. He will not sign any papers of a plan for custody.

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What does he have to release? She is free to move anywhere she wants. The problem would occur if she was taking the children with her.

As to him not signing custody papers, has the court approved a custody plan? What I suggest your daughter does is get a letter from her employer about the relocation. File that letter with the court and request the court order a visitation schedule. Ask the court to order the father to not block her ability to contact the children (by phone, Skype, etc.).

The father can claim abandonment, but I doubt if the court will agree as long as she continues to maintain contact and work towards getting the children with her for vacations, holidays, etc. But she needs to show the court that is her intention.