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My friends wife left him. They are married and have 4 children in common. No custody issues. The children are living with him. He wants to go out of state for a few months with the children. Would there be any legal problems he would encounter if he did so?
I am not answering your question, which would require legal advice for your friend. Instead, this post provides general legal information about removing children from the State of Colorado when a divorce case is pending, or may be filed.
Generally, if a husband or wife were to file a Petition for Dissolution of Marriage or Legal Separation in Colorado, a temporary injunction would be in effect against both parties as soon as the other party were served with the petition and summons. The temporary injunction would restrain both parties from removing any minor children of the parties from the state of Colorado without the consent of the other party or an order of the court.
Regardless of whether a temporary injunction exists, the conduct of the parents could be considered by the court if a petition were to be filed in the future. For example, when allocating decision-making responsibilities during a child-custody dispute, the court could look at the past behavior of the parents when determining whether the parties can work together. The level of cooperation between the parents when making a decision to take any children out of state could factor into the court's decision.
Visit my website for more information about the allocation of parental responsibilities.
The legal information provided here does not address every possible effect of removing children from the state. Again, this information is not legal advice, and I express no opinion about your friend's situation. If he needs legal advice, he should contact an attorney.
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