Evans, CO asked in Family Law and Child Custody for Colorado

Q: the mother of the father of my child took my son with the father of my child's permission. I want my son back. How?

I want my son back and she will not let me come get him:

Related Topics:
2 Lawyer Answers

A: If you have a custody agreement, you can seek court enforcement of the existing agreement (assuming it grants you some amount of custody).

If you do not have a custody agreement, then you will need to file for custody. If you are concerns that the child will leave the state, it is recommended that you file sooner rather than latter.

You may need a lawyer for assistance. Expect to pay for the attorney's time.

A: If there are no custody orders in place he (the father) legally, technically has as much right to have the child as you. That being said the mother does not, though she may be caring for the child for him. If there is no custody case you need to get one filed ASAP. If there are orders in place there are measures you can take to enforce them. You really need to consult with a custody attorney to understand your rights and legal options. Also, if there are no orders and the child is in his mother's care, not his care, you could see if the police will assist you in getting back the child. Generally they will say "it's a civil matter" and not really do anything, but sometimes they might get involved. If your son is school age, just go get him from school.

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.