Move within the state of Colorado

[coloradoguy_36]

What is the name of your state? Colorado

My fience and I live approximately 40 mile apart, and she would like to relocate with her 4 children to my residence (again, 40 miles away from her current residence but still in Colorado).

She will be staying at her current place of employment and she plans to commute to and from work every day. In doing so, the plan is to keep the kids going to the same school that they currently attend since it is near her place of employment.

She is the custodial parent and her ex is the non-custodial parent who is scheduled to get the kids one week day and every other weekend. However, he rarely takes advantage of his weekday visitation even though it is made available to him.

When we tried to discuss our plans with him, he ended the conversation and threatened to take her to court to get full custody of the children.

My question is this - how do the courts in Colorado view such a case when:

A - The move is less than an hour a way.
B - The visition that the father gets with the kids won't change.
C - The school the kids go to doesnt change
D - The father doesn't take advantage of his current visitation rights.
E - The father doesn't regularly pay child support.
F - The father has no place for the kids to live (he lives in a 1 bedroom apt).
G - The Mother is moving for relationship reasons rather than financial reasons.

Thank you.

 

[Zephyr]

You guys don't have much to worry about

 

[LdiJ]

You guys don't have much to worry about

I agree. Nothing is going to change for dad so he has no basis to challenge the move. He could try, but it probably won't get him anywhere. However expect him to start taking his midweek visits....which could get to be a pain her transportation wise.

 

[Ambr]

You mention fiance.....not married yet. When will you be getting married?

I would think that he wouldn't have much to say about moving just 40 miles.

BUT, I would think that he could argue about living with you without marriage. Of course, would throw a monkey wrench into his relationships as well.

 

[dmcgee44077]

Just a though but my papers state which counties I am allowed to move to without needing approval from the court....does she have any specifics as to what counties she can move to?

 

[coloradoguy_36]

Her papers just say that she can't take the kids outside of the state of Colorado without his permission.

Her ex's biggest argument is that he speculates that at some point in the future that she'll get tired of the commute and take the kids out of their current school and tear them away from their friends so he want's to stop it now before she ever has an opportunity to do so.

Thank you.

 

[dmcgee44077]

how old are the kids? i dont know about there where you are but here when they are 12, and that also depends on the judge you get, they will let the kids have a say in what they want My kids asked me to stay here and having moved many times growing up I did

 

[coloradoguy_36]

The kids are 4, 6, 8 and 11. They all seem pretty gung-ho to move.

 

[Ron1347]

I have no clue about 'your' State, but...my son moved in excess of our 100 mile limit (40 miles further)(within our same State still though). The 'only' thing required of my son is, that he 'must' provide transportation back, that 40 miles to the 100 mile limit for the boys' mother to pick them up for her visitation.

As far as one parent (CP or NCP) shacking up with another person while the kids are living with them, and the other parent complaining about it in court...'here'...it is scolded out of court more often than not. Unless, the complaining parent can show cause that the stranger having moved in, is a threat and of unsound character. Those guidelines are pretty liberal here it seems.

 

[casa]

I have no clue about 'your' State, but...my son moved in excess of our 100 mile limit (40 miles further)(within our same State still though). The 'only' thing required of my son is, that he 'must' provide transportation back, that 40 miles to the 100 mile limit for the boys' mother to pick them up for her visitation.

As far as one parent (CP or NCP) shacking up with another person while the kids are living with them, and the other parent complaining about it in court...'here'...it is scolded out of court more often than not. Unless, the complaining parent can show cause that the stranger having moved in, is a threat and of unsound character. Those guidelines are pretty liberal here it seems.

Or unless (as in some cases) they get a Co-habitation clause in their court order.

 

[stealth2]

Uuuuh, if they're going to public school - has she found out what moving out of district will mean? A lot of schools will not allow them to remain there unless Mom pays out of district costs (which can be several thousand bucks). Also - is it REALLY reasonable to expect the kids to spend 45-60 minutes EACH way going to school? Why don't YOU move to where they are?

 

[coloradoguy_36]

The reason she is moving to my residence is because I own a house that is large enough for all of us and is in a nice area.

The 40 minute drive (timed it) itn't really all that bad - in rural areas, it's not uncommon for kids spend that long on a school bus just going to school.

As far as the school goes - that is a good question that we will have to figure out. I appreciate you bringing that to my attention

 

[stealth2]

As far as the school goes - that is a good question that we will have to figure out. I appreciate you bringing that to my attention

She really better check that out. Unless CO has school choice, the district will expect to be reimbursed for the money spent - and it's not unheard of for it to be $10-12k. Per kid.

 

[kat1963]

Yup. Plus let’s not forget she could very well end up being responsible for all the transportation during Dad’s parenting time. That’s a lot of travel for the kids & with the price of gas unless she’s driving a hybrid or a lawnmower is it even economically feasible? I also agree, why don’t you take the responsibility of buying another house, in an equally as nice area that is closer instead of changing the lives of six others? It's a house man, nothing but a house there are millions of them.
KAT

 

[coloradoguy_36]

The transportation isn't a big deal, she's keeping her current job and will be taking the kids and picking them up every day anyways, so the plan is to provide transportation to their fathers already. From her current residence to her work is about 20 minutes so we're talking about a grand total of about 40 minutes every day (20 minutes longer each way).

The gas isn't that big of a deal either - I already drive 360 miles every round trip every other weekend (in the opposite directin) to pick up and return my daughter from a previous marriage.

It's not just a house though, we also like the area where I live. There's a lot to be said about location when you're talking about where you have to live.