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Kelly McPherson - Child Custody Attorney in Colorado Springs

Written by Kelly McPherson

I was just served divorce paperwork. Can I take my kids out of state?

The short answer is: no, not while the divorce case is pending.

 In Colorado, after a divorce paperwork is filed jointly by both parties, after the other party is personally served with the divorce paperwork, or after the other party waives and accepts service of the divorce paperwork, an automatic temporary injunction becomes in effect against both parties until the divorce decree enters, the case is dismissed, or the Court orders something different.  C.R.S. 14-10-107.

 Among other things, the automatic temporary injunction prohibits either parent from taking the marital children out of state while the case is pending.  The only way to take the kids out of state, even for a vacation, while a divorce case is pending is to get the permission from the other parent (preferably in writing) or request an order from the Court to allow out-of-state travel.

 After your divorce or legal separation case is done, unless there are Court orders otherwise, either parent may vacation with the children out-of-state during his or her respective parenting time.  Plan that trip to Disney World! Typically, though, the Court requires that the travelling parent give the other parent notice and an itinerary of where the kids will be during the travel.

Need a Family Law Attorney in Colorado Springs?

Contact the attorneys at Knies, Helland, and McPherson law to set up your consultation today!