Seattle, WA asked in Family Law for Colorado

Q: If I put unknown 4 father on BC but he pays child support do I need his permission to give temp custody to my father?

My father is military and is being station outside of the country so my son wants to go with him because of all the opportunities that would be available to him. Can I give my father temp custody without getting permission from my sons father? Is it best to get official 100% legal custody of my son first?

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1 Lawyer Answer
Stephen J. Plog
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Answered
  • Tampa, FL
  • Licensed in Colorado

A: Regardless of what is listed on a birth certificate, a court will generally want to know that you made efforts to include the father and/or serve him with papers. Additionally, for him to travel out of the country with your father I presume you need a passport. Maybe you already have one? You might consider trying to discuss the issue with the father first. You could also file for custody, including an agreement with your father, filed with the court, giving him temporary custody and specifically stating the child can go with him. If the father agrees, great. If not, you may have a fight on your hands.

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