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[vanaken25]

Hi,

I need legal advice and information on my rights as a single father living in Colorado. I have been the primary care taker for a 6 year old boy whom I fathered with
the mother in 2005. I lived with my son and his mother from 1 year before his birth, until March of 2009, then seperated. We were never legally married, but are
likely considered "common law" spouses under Colorado law. After seperating i took up full responsibility for our child, and have been raising him nearly alone for
over three years. Recently, my ex has been evicted from her apartment (again), and is talking about/threatning to move to Utah to live rent free with her brother.
She asked if i would relocate, and I said no. She asked if i would let our son move there with her, i said HELL NO. Now I fear she might attempt to run away to Salt
lake City with him. We have never gone to court to determine custody, only just shared custody on our own.. with me as the primary caretaker, her as an occasional
weekend visitation mom...

I beleive i could win full custody of my son if i presented all the facts to the courts, but what are my rights, as well as the laws concerning her removing him
from the state before then? If she leaves the state, how easy would it be for me to pick up my son and bring him back? Could I subpoena her into a Colorado court,
or would i have to take the case to Utah? Would her actions be considered criminal?

Thank you so much for the information,

Frustrated father


Below is some info i have just read... I wonder if the laws stated below only apply to parents who have already been to custody court.. thanks again.

Relocation



Known as "removal from Colorado," this law prevents one party from removing the child from Colorado without permission from the other parent or from the family law
judge. If a parent intends to relocate, that parent must give written notice, the location, the reason and a proposed revised parenting plan for consideration to the
other parent. The judge then decides at a hearing.

Relocation is not just for moving out of Colorado; it can also be relocating within the state if the relocation will mean 45 minutes or more of travel time to get to
the other parent. This only becomes a factor when parents share the child on school nights.

[edin]

Do you have custody in file? If she does move out of states without your consent then you can call the police on her for kidnapping.

[wahchintonka48]

"We have never gone to court to determine custody..." and you don't say whether you're legally the father. You need to get this straightened out in court. You're right. She may be able to just take the child. Consult with a CO family law attorney TODAY.