In Re The Marriage Of Francis

919 P.2d 776 (1996)

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Nature of the Case

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Facts

W and H divorced in 1992. The parties stipulated to sole custody of W of their five minor children who ranged in ages from 4 to 14. The parties have lived in Fort Collins, Colorado all their children's lives. The separation agreement stated that it was in the children's best interests to have continued interaction in Fort Collins. The parties made this statement knowing that W presently intended to go to school outside the area. In 1993, W was accepted into a two-year program at a physician's assistant school in Long Island, New York. When H learned of W's intention of going to New York, he filed a petition for modification of custody for joint or sole custody. H also filed a motion to prohibit W from taking the children when her. The court agreed with H and modified its order that if W left the state, sole custody would be given to H. W appealed. The court of appeals affirmed and this appeal resulted.