Legal Question in Family Law in Colorado

My friend and his girlfriend have been living together in Colorado since Oct 2012. They had a baby together in June 2013. The two of them broke up and they were supposed to file paperwork for joint custody tomorrow. Instead, on Friday, he came home from work and she had taken their child back to Louisiana, where she is from. What paperwork does he need to file tomorrow to get his daughter back? Is there any emergency paperwork that can be filed? The mother is constantly drinking and taking prescription pain killers so we are all in fear for the safety of this little baby.


Asked on 5/18/14, 11:06 am

1 Answer from Attorneys
Jonathan Shaw Muhaisen & Muhaisen, LLC d/b/a Abogados Honrados

There are several things he can potentially file, but the first thing I would look at is an emergency motion to restrict parenting time. This can be filed in the county where he lives, and the Courts are required to hear these motions fairly quickly. The bar is high, however, to get one approved by the court. There must be immediate physical or emotional danger. If it is granted, the next issue would be to get it enforced in the state where the child and the mother are located now. I would suggest seeking help from an attorney because these interstate parental kidnapping cases can be some of the most complicated issues in family law.

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Answered on 5/19/14, 8:12 am


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