Legal Question in Family Law in Colorado
Can the father leave state with the child without mother's permission?
My sister has a 2 year old daughter. She lives with her daughter, and the daughters father. Recently, the father has been threatening the mother with taking the child and leaving to Oklahoma.
Can he legally take the child out of this state without the mothers permission? They are not married, so there is no divorce agreement or anything of the sort.
Thanks for the help.
1 Answer from Attorneys
Re: Can the father leave state with the child without mother's permission?
As long as there are no court orders in place to the contrary, there is nothing prohibiting the father from leaving with the child to Oklahoma. However, if there is a court order in place indicating that the child is to remain in Colorado, then the father could not leave with the child.
Your sister may want to consider filing an Allocation of Parental Responsibilities action. This type of action allows unmarried parents to petition the court for orders regarding custody, visitation, and child support. As part of her petition, she could request an order that the child remain in Colorado while the action is pending. Even if the father were to take the child to Oklahoma, more than likely she could still file her case her and request that the child be returned, but it's better in these types of situations to act sooner rather than later.
Hope this helps!
Christine C. Nierenz, Esq.
The Harris Law Firm, P.C.
www.harrisfamilylaw.com
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