Q: Can a 2.5 y/o child be removed from her natural home by one parent without consent from the other parent in Colorado?
Mother is seeking to leave the home with her 6.5 y/o son from a previous relationship; natural father is desceased). Wishes to take our daughter (for whom I am the natural father) with them. Daughter has been this home since coming home from the hospital. Father is the primary caregiver, works from home & stays at home to care for our daughter.
Can she remove our daughter from her natural home without my consent?
A:
The answer to your question is yes and no based on the circumstances. Generally a legal parent can at least temporarily take a child with them if the parent leaves their former primary residence. However, with the filing for separation or divorce or even in the pre-filing negotiation stage an arrangement must be made for both parents to visit the child (unless abuse, etc. applies). There can be a lag between leaving and reaching an agreement (hence "temporary"), but it cannot be permanent without a court order.
At the same time, a legal and or biological father can also prevent the child from leaving (esp. if the father is the traditional primary caregiver).
You will need an attorney to help resolve this.
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