My step daughter's mother wants to move distance while our current custody agreement states we all must reside in

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Customer: My step daughter's mother wants to move long distance while our current custody agreement states we all must reside in Colorado Springs. If we can't civilly agree on a new plan what can we do if she decides to move with the current agreement in place?
JA: What's the reason for the relocation? How much advance notice has been given?
Customer: Her husband(daughter's stepdad) want to move closer to his family for support and to support his family since his father died. They may be moving summer 2023.
JA: Has there been any mediation on this issue?
Customer: We've only just found out they want to pursue moving. We're hoping we can agree on a schedule to avoid any legal concerns, but our daughter is 7 now and has been established in a school and we've been living here since she was born and strongly enforced staying in CO from both parties since she was born
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Right now we have 50/50 split with no child support. I am active duty military, my husband is active reserve. Her mother is a stay at home mom and her stepfather is about to separate from the military.
Answered by Jessica B in 1 min 4 months ago
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Jessica B
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Jessica B
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36078 Satisfied customers
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10+ years of experience
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Jessica B
10+ years of experience
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36078 Satisfied customers

Jessica

Jessica

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31,131 Satisfied customers

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Jessica B, Expert

Thank you for choosing Justanswer! My name is ***** ***** I am a licensed attorney that will be assisting you with your question. I am reviewing your question and will be providing an response momentarily. You may receive a prompt for a telephone consultation. This is an additional service offered by Justanswer and you may decline the offer. Depending on the issue you are experiencing, some customers prefer a telephone consultation to better understand their issue and possible solution.

I am so sorry you are having a custody dispute.  Has the mother filed a Petition for permission to relocate with the child?

Customer
Thank you!
No, they only just sat down with us to tell us they are looking into moving. They stated they are willing to work with what we want since they are the ones planning to move. But I just wanted to see what option we have if we can't work something out between us. As well as ideas for long distance situations.
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Jessica B, Expert

If an agreement cannot be reached then the mother will be required to file a Petition with the court and seek court permission to relocate.  She will need to demonstrate to the court why the move is necessary and how it is in the best interest of the child.  Ultimately it will be up to the judge to decide.

Customer
Okay. And if we can present a case that this is the child's stability since she's in school and has lived here since birth, we could go that route to the judge?
Any other things we could present to help our case?
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Jessica B, Expert

Yes and you may ask to be awarded custody of the child and the mother will be allowed to move but not with the child.

Customer
Okay. That's where the judge may decide on an 80/20 split if that's in the child's best interest?
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Jessica B, Expert

Correct.

Customer
Okay thank you so much. I really appreciate your help.
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Jessica B, Expert

No problem! Please remember you may favorite my profile so that you may be directly connected to me with any future questions. Thank you!

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