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    kandyrob's Avatar
    kandyrob Posts: 2, Reputation: 1
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    #1

    Jul 7, 2010, 07:13 PM
    In the state of Colorado can a mother take her son out of state if she has 50 50
    OK I left to Virginia to get a better life for me and my son.. right now he is living with his father. I have only been gone since January and it is July. We have been to court before and we have 50 50 custody. His father does not want him to live out of state but I want my son to live with me. His father right now is being very controlling and I hardly get to talk him on the phone.. I call every day. His father did indeed let him come to see me on mothers day for one week but I have not seen him since then.. I am working 2 jobs right now and am doing very well for myself. I was wondering if I got to go down to Colorado if it was against the law if I brought him back to Virginia with out his fathers consent.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 7, 2010, 07:38 PM

    Yes it would be against the law. It could leave you open for a parental kidnapping charge. At the least it will not look good for future custody hearings.

    What are the current court orders governing physical and legal custody, support and visitation? Where were these court orders issued?
    kandyrob's Avatar
    kandyrob Posts: 2, Reputation: 1
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    #3

    Aug 5, 2010, 08:15 PM
    Well we had gone to court when my son was just over a year old and the courts gave us both 50 50.. We were both instructed to share 4 days with father then 4 days with me (mother).. But I was told that the paper work was only valid if we both went to parenting classes so now we both have no court order.. Because we never went to the parenting classes.. so there for we are back at square one with the matter.. We both have 50 50 but neither of us have custody.. It is an open case just as if we never went to court in the first place... So what should I do? I want my son but I don't have the money to take his father to court and I am in another state?? My son was born in Colorado.. and I just moved to Virginia
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #4

    Aug 6, 2010, 08:04 AM

    Well, if there is no custody order and he is currently living in CO, they will have jurisdiction. You will have to file for custody in CO AND get them to allow the move to VA. If the father is at all interested in visitation, the court will not allow this as it presents him, the non-moved parent, with hardships.

    Unless you and the father can come to some sort of agreement and have it formalized in court, you will very likely not be moving your son to VA.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Aug 6, 2010, 09:02 AM

    It is not like you never had a court order. Even if the finalization of the court order was dependent on your completing parenting classes, the spirit of the order still exists.

    As long as one of the parents continues to live in CO then CO will have jurisdiction. I would highly recommend going through CO courts. If you take action outside the court, it will not look good when this winds up back in a CO court.

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