Q: if a father has the child and theres no agreement or order can the mother come and take the child from him?
they both lived together off and on for 4 yrs in the fathers mothers house. the childs mother allegedly abused the child and has cheated on the father many times and also would leave the child with other people to go out or be with another man. the mother has no steady employment or steady place to live. the father finally threw the childs mother out and kept their son with him. there the child has always had a stable place to eat, sleep, and live. the father has stable employment and a home. the childs mothers own family will not help her in any way, shape, or form what so ever. it came out the childs mother tricked the dad to become pregnant to trap him. she had someone pee on a pregnantcy stick do it will come out positive leading the father to belive she was indeed pregnant and ther was no need for birth control anymore. this person has come forward and said it was a merical she even became pregnant after that. anyhow, he has the child and the mother thretn to take the child.
A: You will need to contact a family law lawyer directly. As general rule, without a custody agreement in place either parent can "take" the child, but must provide reasonable access to the child. Be forewarned, Colorado favors joint custody and greatly disfavors transforming "best interest of the child" into a review of which person is the better parent.
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