Q: My Names Jon my Pregnant Ex Gf wants to put our baby up for adoption and says she can with out my permission if she goes
To another state is this true? can I get a court order to keep her here in Colorado ? I have a job in a hospital I'm moving out and getting my Owen place I have incurrence and for our future daughter and I want to Fight! I don't have much money to afforded s lawyer either do I have a chance? Is there a lawyer that can help me that I can pay off after a few months of Paychecks? Sorry for asking so many questions.
A:
I do not know about the particulars in other states, but some states allow abandonment adoptions in which consent is presumed. There is no legal way to keep an adult (even if pregnant or married) in Colorado. Colorado does not have jurisdiction over the baby until it is born alive in Colorado (put another way Colorado has NO jurisdiction over a fetus). This means the woman can give birth in any state of her choosing. This also means the woman can have an abortion (in Colorado) and does not need your consent.
You are welcome to contact lawyers, but make sure that you discuss Colorado having jurisdiction over a fetus/baby. I have handled a few cases with unborn babies and to my surprise some lawyers are totally unaware that a baby must be born and live in Colorado for Colorado to have jurisdiction over the child for ALL custody matters...
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A: You can certainly call around to see if there is an attorney willing to work with you regarding fees. In terms of your case, she is free to leave state while she is pregnant to have the child. If the child is born in another state that state will have jurisdiction and will be the state in which a custody case would need to be filed. If she has the child in CO, then CO will have jurisdiction to deal with custody issue. You could potentially file a paternity case over an unborn child, get her served, and get an order for genetic testing once the child is born. You could also obtain an order for her to keep you informed of her address should she move from CO prior to birth. Once child is born, if she seeks to put child up for adoption, you should be able to file for custody in that state and/or stop the adoption.
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