Legal Question in Family Law in Colorado
what are the parental rights of unmarried parents?
My daughter has a 4 month old child born in NY, NY. She moved back to Colorado three weeks ago because she and the father were not getting along. They are not married but he is the legal father. Two days ago she went back to NY at his urging to try to patch up the relationship. Tonight she called us and he is threatening to keep the baby in NY because he does not ''trust her with it''. She is a wonderful mother as we have observed since she has been with us in Colorado. He is trying to keep her and the baby in NY by threatening her with being an unfit mother and he has been mentally abusive. We have gotten her a ticket to fly back to Colorado where she has family support. What can he legally do to keep her from flying back to Colorado with her baby? What are his rights and obligations as a father?
1 Answer from Attorneys
Re: what are the parental rights of unmarried parents?
The rights of the father depend on what state has jurisdiction in this matter - Colorado or New York. If the child has only lived in Colorado for 3 weeks, then it's not very likely that Colorado will have jurisdiction, and the father's rights will be determined under New York law. But, if the child has lived in Colorado more than in New York, Colorado would probably have jurisdiction, in which case unmarried parents have all the same rights and obligations as would parents going through a divorce. As far as preventing your daughter from flying back to Colorado with her child, at least in Colorado there's nothing he can do unless it's in a Court Order. But, since they are all currently in New York, you may want to consult with a New York attorney to see if there is anything they can do.
Hope this helps!
Christine C. Nierenz, Esq.
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