Not married in colorado, want to leave the state with my baby

If u are the custodial parent its not. KiDnapping. You are well with in your right to take your. Child and leave

Being that the two of you lived together, it would best if you could get him to agree to allow you to take the child with you, otherwise he could possbly file for custody after you are gone, misleading the courts into believing that he has no knowledge of where you are. You should go talk to someone in family court about receiving full custody of your child before you leave.

You shoudl try an dget his written permission. If yo are afraid of him stopping you, you ca act in this fashion

since there is not aformal custody order ( has he been declared by a court of law the legal father?)

you can cover yourself from any charges of fleeing to avoid him having access to his child by
1)( best option) retaining an atty ,a leaving all of your contact information and stay current and in contact with oyur atty and letting teh father know that this is your atty and he can contact him/her

2) leaving all oyur contact infrmation with him , and making sure you call and have proof you called, so he cannot state you fled ans secereted the child. uuse cell phone so you have proff of your calls.

3)If you do leave out of ststa eit will be more expensive to bring a child custody and support action as now you will have to wait until you establish residency in the other state, if that is not a problem, then the order will have to be sent to Co and be registered there, which will take much longer

if you need an atty and your are broke, go to www.lsc.gov for their closets office. i fthey advise you toi stay and get an action filed here before you go visit do so, there are many very nice shelters that you can stay in until the court action is resolved
you need live and in person legal advice.

and he cannot kick his child and the mother of his child out, if anything you shoudl see legal aid or have the shelter find you emergency legal counsel and get a TRO on him, and then he can be in the street instead of his child.

This answer was edited by SRDEsq 69 days ago.

Reason: material typing mistake

O and fro those that cannot distinguish between a parent VOLUNTARILY taking their child and fleeing the state and an unwed mother and child being kicked to the curb and having to go somewhere, well, that would be the differnece between parental kidnapping and "not"

Colorado is a common law state for marriage,and so the father has the legal right to file a motion for custody if you intend on relocating with the minor child. If neither of you have filed for either sole or joint custody then you need to. If you can get the father to agree allowing you to relocate with the minor child then you both would need to file a noncontested motion for custody and for relocation out of state,the court will approve this motion if you both agree,if you cannot agree and you the (mother) want to relocate then you would need to file a motion asking for custody as well as asking the court to relocate,you would need to be able to prove to the court why you feel it is in the childs best interest for you to reloctae,if you file this motion then the father has the option to file a counter suit asking for custody because he does not want the child to relocate out of state,the court then will order the both of you into mediation to try to work out an ageement if that does not work then the court will set a hearing date and make a ruling on what the best interest of the child is,it is always best in these cases to consult with an attorney. The forms for fling for relocation and custody or joint custody either noncontested or contested,can be found by going to jeffersoncountycourthousedenvercolorado.com and then go to courts and then to all forms,these forms are free. Also the court has a list of low cost lawyers if needed you can also get them at the same website.

This answer was edited by tomturkey 69 days ago.

Reason: spelling

Being a common law MARRIAGE state has ZERO impact on this issue a sthe facts were presented; had she legall y married my explanation would have been EXACTLY the same.

Common law marriage is only applicable IF they allege the common law status of their marriage OR other partiesof legal interest were todo so ( such as creditors)


There is not one mention in he fact patteren that this couple has held themselves out as common law relationship, THEY are the only ones that can assert that, and they both have had to do this in the past.

Hi : ) - well this question was posted monthssss ago, but I do appreciate all of the replies. However, based on several of the answers I received, I would highly advise that anyone else seek real legal advice from a real attorneý before making their decision based on what they have read here.

Well tell us what eventually happened. Were you holding yourself out as a married couple? Did you leave Co for a "visit"?

I for one would like very much to know how i went wrong

This answer was edited by SRDEsq 67 days ago.

Reason: addtl info

This is being posted from my blackberry, so please excuse my "txt speak" : ) -

SRD, I am not referring 2 u. I am not seeing the previous answers and my replies posted from back when I originally asked this question. But I do know that some of them just caused my unecessary worry.

The outcome is this:

I already had an attorney from a previous matter who I spoke with before I made any decisions. I immediately filed 4 custody and child support before leaving the state.

I was told by my attorney that until court orders are put in2 place, the mother automatically has custody of the child (in colorado) typically.

So I did leave the state and spent some time with family in texas 4 3 wks.

That's basically it : ). There were no issues regarding kidnapping or anything like that.

The father and I have since reconciled (after a ridiculously drawn out case of disagreements and a large amount of wasted money, of course : ).

Sorry SRDEsq but commom law marrige has alot to do with both parents rights in custody, and relocation in the state of colorado,exspecilly if the parent(s) both file a motion with the court, under common law marriage. If they chose not to then and only then would the father have to be on the childs birth certificate inorder to have any rights,if the father is not on the birth certificate then the father can take a DNA test proving parenty then he has the right to flel for visitations. Colorado is one of the toughest states in allowing a parent to relocate out of state and when the parent seeks for relocation then the other parent can countersuit for sole custody,and without an attorney your chancesare slin in colorado to get the court to allow a parent to relocate. Also the ceapest lawyer that I have ever found in Colorado ask fo a $3.000 set fee for relocation,and most want a $5,00o retainer fee.