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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I live in the state of CO. My ex and I were never married and

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I live in the state of CO. My ex and I were never married and don't have a legal "parenting agreement" in place. However, we mutually agreed to share joint custody of our 5 year old son 50/50. This has worked out great for the past 3 years. I have our son every Monday and Tuesday and his mother has him every Wednesday and Thursday and we alternate weekends. Recently the mother of my child met a man that lives out of state. She has been seeing him for about 3 months and has now told me she wants to marry this man, move to the state he lives in, and take our son with her and allow me to have him over the summer. I am not okay with this as my father was not in my life and it effected me immensely. It also made me strive to be the best father and have a very active role in my sons life. I have gone on all his field trips, made sure he was in the best school district here and have taken him to all his Dr appts, etc. I have been with the same woman since my son was 2 and she has 2 daughters that my son considers his sisters and vice versa. My girlfriend is also the one that takes care of my son after school when his mother and I am working. My son was born in CO, both his grandmothers live here, our 50/50 agreement has worked out great and I know from experience how important it is for a boy to have his father in his life. My question is; what are the chances of my ex being able to relocate to another state and what do I need to do to prevent this from happening. I don't mind if she moves to be with her new boyfriend but I do not want to have my 5 year old son relocate. It would be hard on him, myself, and his other family members her in Colorado. I feel like I'm thinking of the best interest of my son while his mother is thinking about moving just to be with a man she met just a few months ago and that my son has only spent time with twice!
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


My name is XXXXX XXXXX I will do whatever I can to answer your questions!

When there is not a court order or proceeding concerning the child, there is no restriction on a parent moving out of state with the child. Since there is not a court-ordered parenting plan in place, your son's mother may move out of state with your child. Your consent is not required.

In order to prevent the mother from moving out of state with your child, it is necessary to file a petition with the court for custody.

I would be glad to continue our conversation and respond to any related follow-up questions that you may have.
Customer: replied 3 years ago.
I set up an appointment with a lawyer to get something put in place. Since she is wanting to move to live with her new boyfriend I am going to ask to have my son during the school year and her to have him over the summer. She already expressed to me in a letter that she would like it the other way around. How good of a chance do I have getting custody the way I would like it to be as the father and staying in the state my son has always lived in?

Based upon what you have posted, it appears that you have an excellent chance to prevail.

All matters involving children are determined according to what the court divines to be the best interest of the child. In making this determination, the court does not automatically prefer one gender over the other gender parent.

One factor in your favor is the current custody arrangement. Currently you have your son more than 50% of the time when you consider that he stays with your girlfriend after school everyday. Additionally, your son has extended family on both the maternal and paternal side and "sisters" in Colorado.
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