IN RE THE MARRIAGE OF FRANCIS
919 P.2d 776 (1996)
NATURE OF THE CASE: This was a dispute over the change of custody from sole to joint.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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