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Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Family Law
Satisfied Customers: 3896
Experience:  Attorney since 1986; Plain English explanations of support, visitation, custody, etc.
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I am due in March. I want nothing to do with the father, but

Resolved Question:

I am due in March. I want nothing to do with the father, but he for now wants to part of the childs life. If something happens to me during labor or shortly after, how can I be sure the child goes to my parents and not to him. I am NOT putting him on the birth certificate.
Submitted: 6 years ago.
Category: Family Law
Expert:  Jane Doe Deer replied 6 years ago.

Thank you for contacting Just Answer.

 

 

Answer: This is going to sound funny, but you can file a Petition for Custody (may be a slightly different name in CO) right now; you don't have to wait for the child to be born. At the same time you file, you can set up a hearing and file a motion requesting a custody order to go into effect even before the baby is born, and requesting that your parents be made custodians/guardians in case you are unable to care for the child.

 

Here is a link to free domestic (aka Family Law) forms: http://www.courts.state.co.us/Forms/Index.cfm

 

Now, I'm not saying that this will be a walk in the park. You MUST serve the father properly (legal messenger or sheriff's office, usually), and he has every right to contest what you want the court to order.

 

So, the better case you can put together against the father, the more likely it is that you will get full custody. Start by making a chronological list, starting with the date you and the father first met (or when you first heard about him, if that was earlier). You will need to prove to the court that you, not he, should have custody.

 

While you're in court, be sure to also request child support, even if the father has not a dime to his name. You never know when someone will hit the Lotto. Make this request as part of your motion/hearing.

 

Colorado offers a program (in case of custody disputes) in which a court investigator is appointed to conduct an investigation and make recommendations to the court. Keep this in mind as an option. These investigators may be known as guardians at litem. The person is a professional, such as a psychologist or attorney.

 

 

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All my best,

 

Jane Doe Deer

 

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