Are There Any Loopholes for a Parent Moving Out of State with a Minor Without Consent

[Mother Bear]

My question involves a child custody case from the State of: Colorado

I live in Colorado and have shared custody of a 7 yr. old child. The father is mentally abusive, though trying to prove it and gain cooperation is something else. He has a DNR case and I have filed to move back to Iowa. I am pretty convinced the courts will deny me, even though I am not sure how much proof the courts need that he does NOT have the best interests of the child in mind. Can someone walk me through what happens if I go anyway? Will I not be able to register her in school? Does Iowa law take effect after six months, where people are actually sane? Will I go to prison even though I have filed every court paper and spent about a decade's worth of wages I don't have trying to do everything legally? I left him for being abusive in 2006 and have been in court ever since. Things keep getting worse for the child, emotionally and scholastically.

[Dogmatique]

If you go without approval, you can actually lose custody. He can file immediately to have the child returned to CO to HIS custody. Or, you can return WITH the child and continue with the shared custody arrangement. You'd be basically telling the courts in CO - who have jurisdiction over your child - that you don't care about the law.

It really IS that simple, Mom.

Is the child in therapy? I note that social services AND a GAL have already been involved and have seen no reason to change the current situation - correct?

Did you offer Dad a very generous long-distance parenting plan? Have you offered to pay for all transportation? (Before anyone pipes up - that IS commonly ordered in Colorado relocation cases).

[Mother Bear]

Thank you for your response. The child is currently in therapy. The situation has progressed since the first post to CPS involvement and a forensic interview this week. I can only hope that will help my case. Social services has no issue, and I am sure the guardian won't after this latest. I know going to court with a recommendation from the GAL will help immensely. I have made too many mistakes by being flexible with visitation in the first place. I will not do so at the childs expense again. Everyone said the courts don't want to hear this or that, and look where we are.