How to Move Children to Another State During Divorce?

[Struggling Mom78]

Jurisdiction

Colorado

My ex-husband and I are in the process of a divorce. My problem at this point is that while we currently live in Colorado, I am looking to move to North Carolina with the kids. My ex has agreed to let me and the kids move, but he is extremely fickle and I want to put something in place as soon as possible.

We have a hearing coming up in a few weeks, but I do not have an attorney. I want to try to get something in writing on record where he states I will be allowed to move to North Carolina within a certain period of time or something along those lines. He is staying here, but we are figuring out a time-sharing plan that will work.

Me moving is a necessity at this point for a number of reasons. In short, I don't feel safe living in Colorado with all that has gone on. I have family that can help support me in North Carolina, and a better job lined up for me with a family business as soon as I get there.

But anyway, I asked a clerk at the court and they said to finish the divorce first, then put in some kind of motion to move. However, I am afraid he will change his mind by then. Another concern I have is that one of my friends did that same thing, and she is STILL stuck in Colorado. She said after she got that parenting plan in place, it has been an absolute nightmare to try to change it for a relocation. Five years now and she has tried to re-open the case multiple times to no avail. The judge won't even listen to her from what she says. I cannot end up in that same circumstances here or I will end up homeless or dead.

So, what is the best way to get something on record at this point to ensure he can't contest it later? What would be the fastest, easiest way to be able to get something into the court to be able to move? Ideally, I would love to be able to even before the divorce is finalized. Any help would be greatly appreciated.

 

[army judge]

My ex-husband and I are in the process of a divorce.

I'm curious, so I'll ask.

If you're trying to divorce dude, how is he your former husband?

Were you married once, divorced, and then got hitched again?

So, what is the best way to get something on record at this point to ensure he can't contest it later?

A male parent, as does the female parent, has a right to visit with their child(ren) as much as possible.

The court wants what is best for the child(ren), not the male or the female.

The court will look at ways to avoid interrupting the lives of children torn apart because two adults couldn't stay together to raise the tender, young children.

You can change your mind.
He can change his mind.

There is NO form that will guarantee you can LEGALLY remove children from CO to NC.

In fact, states are reluctant to transfer control of custody matters from one state to the other absent compelling reasons which you appear to lack.

An internet discussion site is no substitute for an attorney.

There is no way that someone will tell you anything upon which you can rely and ensure that you'll be LEGALLY allowed to move his children and your children to NC.

That especially applies if he's active duty military.

 

[justblue]

My ex-husband and I are in the process of a divorce. My problem at this point is that while we currently live in Colorado, I am looking to move to North Carolina with the kids. My ex has agreed to let me and the kids move, but he is extremely fickle and I want to put something in place as soon as possible.

We have a hearing coming up in a few weeks, but I do not have an attorney. I want to try to get something in writing on record where he states I will be allowed to move to North Carolina within a certain period of time or something along those lines. He is staying here, but we are figuring out a time-sharing plan that will work.

Me moving is a necessity at this point for a number of reasons. In short, I don't feel safe living in Colorado with all that has gone on. I have family that can help support me in North Carolina, and a better job lined up for me with a family business as soon as I get there.

But anyway, I asked a clerk at the court and they said to finish the divorce first, then put in some kind of motion to move. However, I am afraid he will change his mind by then. Another concern I have is that one of my friends did that same thing, and she is STILL stuck in Colorado. She said after she got that parenting plan in place, it has been an absolute nightmare to try to change it for a relocation. Five years now and she has tried to re-open the case multiple times to no avail. The judge won't even listen to her from what she says. I cannot end up in that same circumstances here or I will end up homeless or dead.

So, what is the best way to get something on record at this point to ensure he can't contest it later? What would be the fastest, easiest way to be able to get something into the court to be able to move? Ideally, I would love to be able to even before the divorce is finalized. Any help would be greatly appreciated.

Why is it you feel "unsafe" in Colorado?

 

[zddoodah]

My ex-husband and I are in the process of a divorce.

Then he's not your ex-husband yet.

I asked a clerk at the court and they said to finish the divorce first, then put in some kind of motion to move.

If a court clerk really did this, please report him/her to his/her supervisor. It is illegal for a court clerk to provide legal advice such as this.

what is the best way to get something on record at this point to ensure he can't contest it later?

There's absolutely nothing that can be done "to ensure he can't contest it later." As far as "the best way" to handle this, that's something only a local family law attorney can advise you about.

It is probable that the most appropriate way to handle this would be to make a joint motion to allow the relocation, but procedure is something that requires local advice, not educated guesses by anonymous strangers on the internet.