Q: Can I keep my daughter from dads house til court if she is uncomfortable and having what she is used to, church, taken?
We are technically married. Separated for 8.5 years. I have a 4 yr old outside the marriage and he has a 6 month old outside the marriage. Daughter is 10 and has always lived with me and she visits Dad whenever. It's never been consistent. Never paid child support. She tried to stay with him recently and hated it, moved back in with me after 2 weeks. Dad isn't happy, and punishing her and making her uncomfortable by taking away a church she has been a part of for the passed 3 yrs and forcing her to go with his gf. Not cooperating on any level. If my daughter is uncomfortable can I keep her with me until we let the courts decide?
A:
If you do not have a custody agreement (approved by a court), you can withhold access to the child. Similarly, without a custody agreement (approved by a court), there are no required child support obligations. Be warned, withholding access may result in the informal agreement being terminated and the other parent filing for custody (Colorado favors joint custody in most circumstances).
If there is a custody agreement, follow the custody agreement. If you do not like the current agreement, you can seek a modification.
Based on your question, it is not clear if the child is the biological child of the "father". If not, this presents another layer of complexity related to paternity.
The best advice is to contact a lawyer directly. That is a lot more here and Justia's Q&A cannot answer (or review) all the aspect of your situation. Expect to pay for the attorney's time.
A: If there are no court orders in place you do not have to send her to her father.
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.
