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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33729
Experience:  Began practicing Family Law in 1992
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I have a 50% custody agreement with the mother of my child.

Customer Question

Hello, I have a 50% custody agreement with the mother of my child. She is out of state with an unspecified return date, am I justified in keeping custody of our daughter until she returns or must I exchange the child with her boyfriend as she demands.
JA: Family law varies by state. What state are you in?
Customer: Colorado
JA: Have you talked to a laywer yet?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 year ago.
Category: Family Law
Expert:  JD 1992 replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  JD 1992 replied 1 year ago.

As a general rule a person is entitled to designate another adult to pick up the child or have the child during that parent's period of possession. The only exception to this would be if the court has issued an order that says something different.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 1 year ago.
the fact that she is out of state does not affect her ability to determine her proxy? Is there a period of time after which this would change?
Expert:  JD 1992 replied 1 year ago.

No, it doesn't change her right to "determine her proxy".

There is no period of tie after which this changes. The only way to change it is to file a motion with the court.

Customer: replied 1 year ago.
can you direct me to the section of the law that pertains to this situation?
Expert:  JD 1992 replied 1 year ago.

It isn't statutory in nature, it's determined by case law and you would have to open a separate question with an Additional Services offer to get someone to research the case law and provide cites. Just to warn you, it is probably going to be a little expensive because not only is case law research expensive but the online databases we normally use are very expensive. It's a couple of hundred dollars for a basic search on the service I use and most of them are about the same.That's just what it costs to pay the database company.

Expert:  JD 1992 replied 1 year ago.

Also, take a look at your custody order. Normally the judge puts language in there that states "or their designated agent" or wording to that effect.