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DrakeLAW, Lawyer
Category: Family Law
Satisfied Customers: 354
Experience:  Attorney at Drake Law Firm PLC
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So we lived in Colorado Springs years had a baby he

Customer Question

So we lived in Colorado Springs for 2 years had a baby he lived there for 8 months of his life then my husband got out of the military we went to his home state Idaho and then he waited exactly 3 months to file for divorce. My question is can I have this case dismissed go to Colorado and start a newcase because in Colorado I have a job still all of my banks are through Colorado I have a place to live just didn't have to pay anything and the landlord wrote a statement that the boys and I are able to stay there also my mail Gos to that address and that we agreed upon those terms before we left Colorado because my husband had me kicked out before with all of my kids I have daycare in Colorado and my car registration is still through Colorado. So how probable that they will dismiss this case and let me reopen one in Colorado
Submitted: 6 months ago.
Category: Family Law
Customer: replied 6 months ago.
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Customer: replied 6 months ago.
I do have residence in Colorado however we both been in Idaho for three months and tequnicly when I talked to other atturney story said that Idaho does not have jurisdiction over my son because he was born and lived in Colorado for more then 6 months
Expert:  DrakeLAW replied 6 months ago.
Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms. By continuing, you confirm that you understand and agree to these terms.Have you actually been served with the Idaho divorce?
Customer: replied 6 months ago.
Yes I have
Expert:  DrakeLAW replied 6 months ago.
Ok, I figured. Do you know if you were served with any kind of preliminary injunction with the documents or any document that legally prevents you from taking the kids now and moving to Colo?
Customer: replied 6 months ago.
Yes I can't leave Idaho right now
Expert:  DrakeLAW replied 6 months ago.
Darn. Ok, well I do agree about the jurisdiction of the children being 6 months. If you can, you should file an action in Colo seeking the relocation of the children and everything related to child custody and parenting time. It can happen that Colorado will keep jurisdiction over the children while the divorce part may happen in Idaho, but you gotta get the kids back to Colo before they have been in Idaho for 6+ months.
Expert:  DrakeLAW replied 6 months ago.
Thank you for your question. It has been my pleasure to assist you and I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question. Finally, please be so kind as to promptly rate this answer so that it may be closed in the system. I wish you the best in your endeavors! -Rich

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