After I file for allocation of parental responsibilities, can I take my child out of state? Are there any other restrictions?
Once either parent files a petition concerning the allocation of parental responsibilities, there is an automatic temporary injunction stating that both parties cannot:
- bother or disturb the peace of the other party, which can be enforced by the police;
- remove the child from the state without the consent of all other parties or an order of the court; and
- cancel, modify, or stop paying premiums on a health insurance policy that provides coverage to the child or a life insurance policy that names the child as a beneficiary unless:
- the parent gives all parties at least fourteen days’ notice; and
- either
- all parties consent to the cancelation or change in writing; or
- the judge allows the change or cancelation in a court order.1
These restrictions becomes effective on the party who files the petition immediately upon filing; they become effective on the other party when s/he is served.1 They stay in effect until the judge enters the final custody order, dismisses the petition, or enters an order modifying the injunction’s restrictions.2
Note: If either party files for divorce, the same restrictions apply as well as an additional restriction against transferring, concealing, or getting rid of marital property.3
1 C.R.S. § 14-10-123(3)(a),(d)
2 C.R.S. § 14-10-123(3)(b)
3 See C.R.S. § 14-10-107(4)(b)