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My daughter in CO has planned a trip to Az. Her baby’s

Customer Question
My daughter in CO...

My daughter in CO has planned a trip to Az. Her baby’s father is prohibiting her from doing so. She has not been served with an injunction yet.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

No.he has an appointment at at 8:30 am to file. Her flight leaves at 9:00 am

Lawyer's Assistant: Family law varies by state. What state are they in?

Colorado

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He is trying to take her daughter. He is in the military and found marijuana in her apartment left by a friend. He plans on taking his daughter to Idaho while he deploys. Marijuana is legal in Colorado

Submitted: 4 months ago.Category: Family Law
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Answered in 2 minutes by:
3/27/2018
Family Lawyer: LegalGems, Lawyer replied 4 months ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,928
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 4 months ago
I am already a member of just ask. Please respond ASAP
Family Lawyer: LegalGems, Lawyer replied 4 months ago

I am sorry to hear this;

essentially an unmarried father does not have any custody rights until a court first finds that the father is the legal father (DNA testing) via a paternity action; then at that point the court can determine custody and visitation based on the best interests of the child.

As such only the mother has legal custody of the child until there is an order to the contrary.

Normally the court will only issue an emergency injunction if the child's health/safety is in imminent danger of irreparable harm; otherwise the court will typically wish to hold a hearing to determine what is in the child's best interest.

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Customer reply replied 4 months ago
This is the law in Colorado then. My daughter can bring her baby to AZ.
Family Lawyer: LegalGems, Lawyer replied 4 months ago

Yes that is the law in CO.

Please see specifically 19-4-105:

https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-19.pdf

and

https://childsupport.state.co.us/siteuser/do/vfs/Frag?file=/cm:faqEstPaternity.jsp

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Family Lawyer: LegalGems, Lawyer replied 4 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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Customer reply replied 4 months ago
Hello. My daughter is due to arrive in CO this evening. He is saying that he is going to take the baby overnight tomorrow. Can he do that? He also said that he went to CPS for finding marijuana in the apartment. Can they do that?
Customer reply replied 4 months ago
He is saying that he will show up with the sheriff office with paperwork saying I have to let her stay with him.
Customer reply replied 4 months ago
Even is he has established paternity with an acknolegment of paternity does he still have a right to take her if we’re not married
Customer reply replied 4 months ago
He has been arrested for assisting my daughter before and she is scared of him and she doesn’t know what to do.
Customer reply replied 4 months ago
We need an answer ASAP please.
Customer reply replied 4 months ago
Why am I not getting an answer. I have already pd you ppl for a 6 months of service.
Family Lawyer: LegalGems, Lawyer replied 4 months ago

Hello; I'm sorry I was not able to respond; I had responded on March 29 and hadn't heard from you for several days and you replied during my off hours.Did you still need assistance on the above?

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Customer reply replied 4 months ago
My daughter did not get on the plane because he demanded to take th baby overnight. He has been abusive and convicted of DM against her.
Family Lawyer: LegalGems, Lawyer replied 4 months ago

A father that was never married to the mother has no custody/visitation rights until there is a court order to that effect; now a mother may choose to allow the father to see the child but the father is not legally entitled to absent a court order.

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Customer reply replied 4 months ago
Even if he has established paternity?
Family Lawyer: LegalGems, Lawyer replied 4 months ago

If paternity was established then the court may issue orders re; custody.

Please see above- I will copy and paste here for your convenience:

I am sorry to hear this;essentially an unmarried father does not have any custody rights until a court first finds that the father is the legal father (DNA testing) via a paternity action; then at that point the court can determine custody and visitation based on the best interests of the child.As such only the mother has legal custody of the child until there is an order to the contrary.Normally the court will only issue an emergency injunction if the child's health/safety is in imminent danger of irreparable harm; otherwise the court will typically wish to hold a hearing to determine what is in the child's best interest. I will send you a premium service offer for additional chat time should you like to explore this in more detail.
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