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:

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2 Lawyer Answers
Answered
  • Divorce Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

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.

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Answered
  • Divorce Lawyer
  • Greenwood Village, CO
  • Licensed in Colorado

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.

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