Thank you for using JustAnswer. I'm sorry to hear about your situation. Assuming that the father is a "legal father" (has signed an acknowledgement of paternity
, filed a paternity action, or is married to the mother at the time of birth), yhe mother could certainly tell the father that he can't take the child out of the state, but "telling" does not mean that it has the force of law. When there's no custody order or other order that governs the relationship of the parents, either parent has a right to the child, and as such the legal father could take the child out of the state. Now any case for custody would still need to be brought in North Dakota, even if the father takes the child out of state. Under the Uniform Child Custody
Jurisdiction and Enforcement Act (UCCJEA), which Colorado is a signatory to, the state that originally had jurisdiction would have "continuing jurisdiction" over the matter until the state no longer had a substantial connection to the case. Under the UCCJEA, once a state court has made a custody determination, that state keeps jurisdiction over all matters concerning that child, unless: 1. A court of the state with jurisdiction determines that the child or the child and a parent do not have a significant connection with the state, AND evidence concerning the child's custody determination is not available in the state;2. A court of the state with jurisdiction, or any other state, determines that the child and both parents or acting parents do not reside in the state any longer. So without there being any order that says otherwise, either parent can take the child out of state, although it's possible that ND would still have jurisdiction over the case until 6 months have passed and the child has lived in the new state for that long, in which the new state would then have sole jurisdiction over that matter. Now if the father is not married to the mother, did not sign a voluntary acknowledgment of paternity (being on the birth certificate is not enough) and does not have a court order that says he's the father, then he really has no rights to the child yet. If he were to take the child out of state, the mother could report him for kidnapping. He could have a good case to establish paternity, but it's not assumed. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!