Q: I have full custody of my daughter. The father has not seen her for 3 years I have a protection order against him.

A: There are several issues here, so I will discuss them individually.

(1) Leaving the state. All state require that you receive court approval to leave the state (or county) on a permanent basis with the child. While this may result in delays, the Colorado Supreme Court has made it very clear that no family court judge cannot prevent a parent from leaving the state with the child. Leaving can impact custody matters, but if you truly have court-ordered sole custody (and not de facto sole custody because the father is in jail), the move probably will not change your existing custody order.

(2) Changing names. It is possible to do this and consent of the other parent is not required. The issue relates to moving. Only a court that has jurisdiction (power) over the child can grant a name change. If you move state it likely will take 6 months plus before the new state has jurisdiction to change the children's names. In Colorado, the requirements are relatively simple, basically a motion must be filed in the applicable county, finger printing and a background check are required for children over 14 years. Here is a link to the CO Courts: http://www.intotolegal.com/upcoming%20Events/Forms.html (click on the link for the "Judicial Branch" and look on the central tab for "name change").

(3) Child support. A parent is obligated to pay in full all payments.The incarceration may result in a justifiable reason for the lesser payments. Since the amount of $50 a month being so low it may not be financially viable to move for enforcement of support, but this is personal choice.

(4) Termination of parental rights. This is a big deal because the right of parentage is a right granted by the US Constitution. In Colorado, the terminating parent must attend informational classes to even begin the process. Note, if you are on any state/federal assistance you will be prevented from terminating rights unless a rare exception applies. If the father consents to the termination, the motion is difficult, but doable. If the father contests the issue, you will be facing a significant legal battle. If you have court granted sole custody is make not make sense to move for a formal termination. Talk to an attorney about the benefit and risks.

It is highly recommended that you contact a family law attorney. Specifically, there are details related to your requests that only be answered under the attorney-client privilege umbrella. Another issue is the consideration of which jurisdiction (Colorado or the new state you want to move to) provides the most favorable laws and timeframe for your requests.

A: You have a lot of various issues raised in your email and should probably consult with an attorney. If he is prison and has not parenting time allocated to him you should be able to move out of state without issue. If you have sole decision making for your child you should just be able to file a county court name change case. You could try to file a motion for a name change in the custody case, though I don't know that that court would grant it. It might given the sole legal custody. If he has no visitation or custody, he can't just get out and take your child. He would be in trouble, including potentially criminally. There is no private way to "terminate" parental rights, which means all ties are cut. If you are married and your husband is willing to adopt, you do have grounds for adoption, which would terminate his parental rights.