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NOT LEGAL ADVICE!
NOT LEGAL ADVICE!, FOR ENTERTAINMENT ONLY
Category: Family Law
Satisfied Customers: 2201
Experience:  Information provided is for entertainment puposes only and is NOT legal advice.
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I was just woundering what the law is on this .I have been ...

Customer Question

I was just woundering what the law is on this .I have been married for almost 4 yrs to my sons dad after2 months of being married we seperated and i was 3 months preg. we have not talked or hade anything to do with each other since are son was born other then getting chilsupport started i am still trying to get divorced from him but hes makeing it hard ,my question is i am moveing to Oklohoma and taken my kids with my now my husbend /havent been with him since 2 months after getting married he hasnt ever seen are son hes now 2 .do i have to have my sons dad give pe permistion to move out of colorado or since he hasnt hade anything to do with are son does it matter i was told that after 1 yr of the father not haveing anything to do with the child then i dont need to ask him or get his permision but i need to clearify what it is i need to do
Submitted: 9 years ago.
Category: Family Law
Expert:  NOT LEGAL ADVICE! replied 9 years ago.

Hello and welcome to Just Answer.

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).

Let me know if you would like more information.

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Disclaimer: Any information given by me is for informational use only and is not legal advice. This is general information and is not intended to be specifically tailored to an individual. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. Persons accessing this response are encouraged to seek legal counsel in their jurisdiction for accurate guidance regarding their individual circumstances.

Customer: replied 9 years ago.
Reply to Jen Sterling's Post: but we are still leagaly married iam fileing for the divorce on monday so can i still move with out his permission like i said he hasnt seen him since birth and i was told that in colorado if its been 1 year or longer then they dont have prantal rights to the child eather is that also true
Expert:  NOT LEGAL ADVICE! replied 9 years ago.

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.

 

Let me know if you would like more information.

All of my BONUS earnings will be DONATED to:

The Breast Cancer Alliance United to Support and Educate (BCAUSE) and PAWS; a non-profit organization which provides essential services to assist the low-income elderly, chronically ill and disabled in keeping their companion animals.

Thank you for your support of these CHARITABLE ORGANIZATIONS!

Disclaimer: Any information given by me is for informational use only and is not legal advice. This is general information and is not intended to be specifically tailored to an individual. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. Persons accessing this response are encouraged to seek legal counsel in their jurisdiction for accurate guidance regarding their individual circumstances.

Customer: replied 9 years ago.
one more question befor i accept yes if i could can i file my divorce with liveing in oklahoma or do i have to do it while i am in colorado? cuz i am only here right know for my son to have surg then we are supose to be going back to oklahome cuz i was readying in the divorce packet that it says that once i file it i cant move but he have already moved to oklahome befor i file it are home know is in oklahome but i was married here in 2004
Expert:  NOT LEGAL ADVICE! replied 9 years ago.

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.

 

Customer: replied 9 years ago.
so then that means i can live in oklahoma and file my divorce for colorado in the oklahoma courts? cuz the soon to be ex wont talk to me and he wont file the papers and i dont meet the colorado guid lines but i do meet okloahomas.
Expert:  NOT LEGAL ADVICE! replied 9 years ago.

Yes, you may consider moving to Colorado and immediately filing in the Oklahoma court (i.e. while you still have residency in Oklahoma).

 

Customer: replied 9 years ago.
no i live in oklahoma now. i was married in colorado. in 2004 .my soon to be exhusbend left me when i lived in colorado we have been liveing apart for 3 and ahalf years with the only communication threw the childsopprt office other wise he wont talk to me and he wont file the divorce thats why i am asking can i file the divorce while liveing in Ok ,or do i have to find a way to do it in colorado cuz me and my kids live in Ok and the soon tobe exhusbend lives in colorado
Expert:  NOT LEGAL ADVICE! replied 9 years ago.

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.

Customer: replied 9 years ago.
how do i file divorce in colorado when i live in oklahoma?
Expert:  NOT LEGAL ADVICE! replied 9 years ago.

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.

 

Expert:  NOT LEGAL ADVICE! replied 9 years ago.

May I be of further assistance on this question?

 

Customer: replied 9 years ago.
o yes sorry my labtop shut down yesterday,i guess what i am tring to figuer out is if i live in oklahoma and my husbend lives in colorado how do i file with liveing in oklahoma cuz the soon to be exhusbend wont file for the divorce even thow he lives in colorado he wont talk to me or anythin and i cant aford to move to colorado for 90 days just to file and so i guess what i am trying to find out is can i do the divorce papers in oklahoma and file thim in the oklahoma courts or do i have to find a way to file thim in colorado
Expert:  NOT LEGAL ADVICE! replied 9 years ago.

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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