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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35406
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Our son lived with a girlfriend and they had a child

Customer Question

Our son lived with a girlfriend and they had a child together. Both of their names are ***** ***** birth certificate. They split up and were given joint custody with primary custody given to the mother because she was residing n Kansas. Our son lives in Colorado. She married a man who is stationed at Ft. Riley, KS. She the child during the school year, her father during the summer, selected holidays, school breaks, etc. The mother died last week. Our son filed an order with the State of Colorado who ruled that Colorado has no jurisdiction in Kansas and therefore he needs to file in Kansas. In the meantime, it is expected that the stepfather is going to go after full custody, or adoption. What should our son do? Would he more than likely lose if he files in Kansas. He is going to contact an attorney here, but we are not hopeful. Thanks so much.
Sam
Colorado Springs, Colorado 80904
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Sam,

I'm Doug, and I'm very sorry to hear of your family's situation. My goal is to provide you with excellent service today.

As long as your son is not deemed an unfit parent by the court because of abuse or neglect of his child----which would be apparent by now---then there is legally no basis for the stepparent to obtain legal custody of your grandchild.

However as you have learned, the CO court does not have jurisdiction over the child because of federal law. Let me explain.

The Uniform Child Custody Jurisdiction And Enforcement Act,("UCCJEA"), dictates that once a parent and their children reside in a given state for 6 months, that state acquires jurisdiction over the children for purposes of resolving all custody issues. That means that any petition for modification of custody must be filed in the state where the children have resided for at least 6 months.

All your son needs do is petition the court ion Co for custody of his son and that custody request will be granted. The stepparent has no chance in gaining custody when your son, the natural father of the child, seeks custody.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug