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originallawyer
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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I have a question, im married with a 2 yr old. Currently at

Customer Question

I have a question, im married with a 2 yr old. Currently at my mothers house, and am worried about my husbands erratic behavior that he is trying to take my daughter. I don't know what to do.
JA: Are there any minor children in the relationship?
Customer: our daughter is 2
JA: Family law varies by state. What state are you in?
Customer: Colorado
JA: Anything else you want the lawyer to know before I connect you?
Customer: his mother works for a top law firm in Denver, so im worried that he is planning something and I need to be first for I can have my daughter
Submitted: 2 months ago.
Category: Family Law
Expert:  originallawyer replied 2 months ago.

Hello! Please stand by as I work on your answer!

Expert:  originallawyer replied 2 months ago.

There's not much you can do, unless you are prepared to file for divorce and custody. The family law courts will not get involved until you file a petition to divorce and for custody of your child OR he's actually taken your child. If you are not prepared to take such steps, you should document anything you think is erratic and be prepared to call the police if anything turns violent.

Customer: replied 2 months ago.
I cant file for custody while seperated?
Expert:  originallawyer replied 2 months ago.

If you file for legal separation, yes.

Customer: replied 2 months ago.
How do I go about legal seperation and what does that entail?
Expert:  originallawyer replied 2 months ago.

It's very similar to filing for divorce, but instead of getting divorced, you have a legal document that outlines whether or not he sends you money for support, pays child support, etc.

https://www.courts.state.co.us/Self_Help/legalseparation/

Colorado makes their forms available online. They also give you the instructions for filing. If you walk through the steps, you should be successful in completing the filing.

Customer: replied 2 months ago.
Is this the form and the correct way to fill out for custody part?
Customer: replied 2 months ago.
my gusband wants me to drop off my daughter over the weekend, if he already prepared paperwork and I give gim my daughter, he can keep her from me? What can I do then?
Expert:  originallawyer replied 2 months ago.

He would have to have had a Judge give him authority to keep your daughter from him. Just having paperwork that he's drawn up isn't enough. If he doesn't give your daughter back, you would need to file your paperwork immediately and ask for the Judge to order him to return your daughter to you. You could try talking to the police, but sometimes they won't get involved.

If you don't want to give him visitation this weekend, you don't have to unless a Judge has ordered that he has parenting time.

Customer: replied 2 months ago.
if im worried I shouldn't let him have her overnight then. I need to file asap to ensure as well as for my two dogs too? They are with me, I dont want property or money just my kids
Expert:  originallawyer replied 2 months ago.

If you have reason to believe that he is planning on filing something, then yes, it is to your advantage to file sooner rather than later. If you are concerned for your dogs, you can ask the Judge to award you the dogs.

Even though you say you do not want money, you should still ask for child support. That isn't being greedy, that's just asking him to support his child like he would if you were still living together.