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If you have not yet been to court to obtain a custody order, then you may leave Colorado without his permission, per Colo. Rev. Stat. §18-3-304(1). However, if custody has been awarded, then you would need permission to leave the state, per Colo. Rev. Stat. §18-3-304(2).
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Yes, you may move without his permission as long as there has not been a custodial or visitation order issued by the court. It is not accurate that if a parent has been absent for more than one year from the child's life, that they will lose parental rights. This may be a factor which allows the court to terminate the parental rights, but it is not automatic.
You could file for divorce in either state. However, if you choose to file in Colorado, you will need to wait until you meet the residency requirements (~90 days). Click here for more information. If you file for divorce in Oklahoma, the custody and visitation orders are generally included. Once awarded, you would need permission to leave the state.
Yes, you may consider moving to Colorado and immediately filing in the Oklahoma court (i.e. while you still have residency in Oklahoma).
You can file for divorce in either state, as the parties involved have residency established in one or the other state. So yes, you can file for divorce while living in Oklahoma.
Click here for Oklahoma residency requirements.Click here for Colorado residency requirements.
I apologize if I am not being clear. If one party has established residency in a state, that person can file for divorce. As your husband has established residency in Colorado, he could file for divorce. Otherwise, you would need to wait until you meet the residency requirements in Colorado before you could file for divorce in Colorado.
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If you are in Oklahoma, you would pick up the divorce papers from your local county clerk's office. You would do the same if you were to move to Colorado, but you would either need to wait until you had established residency, or you would wait until your husband filed.
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