Legal Question in Family Law in Colorado

I have a son with my ex boyfriend and we were never married. My son is now 5 and has lived with me since he was born. We never established custody but there is a child support order in place. He is up to date and current with payments. My son goes to his dad's house on occasionally during breaks and summer. My ex planned a vacation to Hawaii with my son over a year ago. And now he has recently informed that he is moving there. I'm concerned that he might not bring him back and I don't have time to start a custody case before he leaves. My question is, can I draw up some sort of letter of agreement between us stating that he will bring him back, have it notarized, and will it be legal? And if I do this and he doesn't bring him back, will I be able to get my son back right away or would I have to go through some long drawn out court process to get him back?


Asked on 8/16/12, 5:40 pm

1 Answer from Attorneys
Dave Rich Flatiron Legal Advisors, LLC

Without court orders, he could keep the child, as each parent has equal rights to the child. However, Colorado would have jurisdiction in the case, as least for the next 6 months, and the Colorado court could order him to return to Colorado if it came to that once you file. A written agreement between you two will not mean much, but if you can get him to sign one, I'd get a lawyer to assist you with the language, including statements such that he consents to Colorado jurisdiction, will pay attorney fees if you have to enforce the agreement, etc. Hope this helps.

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Answered on 8/19/12, 8:04 pm


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