Legal Question in Family Law in Colorado
Child Custody of a newborn
My friend's daughter just had a baby- she is 16. The boy that she had this child with is 21.The baby was just released from the hospital today- both parents went to pick up the baby. During the car ride home, the boy proceeded to tell the girl to get out of his car, and that he was going to take the baby. The baby currently isn't taking formula, and in a sense would be endangering this child in that right. What I am wondering is if the girl has any legal standing against this boy, even though he is the father of the child. What might she be able to do since the boy just took off with the baby?
1 Answer from Attorneys
Re: Child Custody of a newborn
Until there are formal orders in place signed by a Judge, there isn't really much the police can do to intervene at this point. However, depending on what happened in the car, there may be a basis for kidnapping charges if the Father forced the mother to leave the car under threat of harm, etc.
In order to get an enforceable order returning the child to the mother, the mother would need to file an allocation of parental responsibilities action and also file an emergency motion to have the child delivered back to the mother's care until final orders can be entered. Given the newborn's age, and the possibility that the mother may not know where the father is, I would encourage your daughter's friend to seek legal assistance as soon as possible. There are remedies she can use, and it's best to act now.
Christine C. Nierenz, Esq.
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