Legal Information: Colorado

Custody

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Updated: 
September 13, 2018

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 (order) against both parties 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/or
  • 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 cancellation or change in writing; or
      • the judge allows the change or cancellation 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)