Unfortunately, not all co-parenting arrangements are functional. If you're concerned that your co-parent may take your child across state lines without permission or that they already have, understanding your rights and options is vital.
To schedule a consultation with our team for your custody dispute, contact us online or via phone at (719) 212-4227.
What If the Parent in Question Has Primary Custody?
If a parent has primary custody of their child, they can move out of state without the other parent's consent, without it being considered parental kidnapping.
However, the noncustodial parent can petition the court to stop the child from moving out of state. If the court believes that keeping the child in Colorado is in the child's best interests, it will block the move. This makes Colorado fundamentally different from many other states in the U.S., which require the primary or custodial parent to file a petition with the noncustodial parent before moving the children out of state.
What If a Noncustodial Spouse Moves Out of State with a Child?
However, it may be illegal for a noncustodial parent to move out of state with a child. Suppose you have primary custody of a child and believe that your noncustodial co-parent has engaged in parental kidnapping by taking your child out of state. In that case, you should consider contacting law enforcement. Colorado law enforcement professionals have the resources necessary to work with law enforcement in other states to track down kidnapped children.
Parental kidnapping is a Class 5 felony in Colorado, making it punishable by up to three years in prison and a fine of up to $100,000. The city you are in may decide to prosecute the case regardless of whether you want to press charges against your co-parent.
To schedule a consultation with our team to learn more about interstate custody laws from experienced family lawyers, contact us online or via phone at (719) 212-4227.