Q: Can I bring my son to my home state and file for custody? His mother left him and I have been wanting to file for years.
We have no custody arrangements , he is outside of his home state now . His mom is homeless and left him in another state (with his aunt, who wants to have me pick him up asap)
A: In general, custody cases should be filed in the state where the child has lived for the last 6 months. You may be able to have Colorado exercise emergency jurisdiction under these circumstances. you should retain an attorney to help you with this complicated situation.
A: More information is needed to properly answer your question. If the mother has just abandoned the child with her aunt and you are going to get him, you are free to take his to any state, including his home state. The state you would file for custody in would be the state he has resided in for the last 182 days. If there are already custody orders in place you could just file in that case, whichever state that may be.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
