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

Q: My son gave me temp custody in 2016. I've raised child for 10 yrs. Is he able to take her back?

My son has joint custody with the mom who moved out of state when child was 3. This is my 3rd year bringing het to Colorado to work for the winter. I've raised her since birth. Up until 3 i had her 4 days per week and her mom had her 3 days. She'll be 10 in Dec. My son now wants her back but she wants to be with me. She sleeps in his bed with him and his girlfriend and does not have a bedroom. He gets home around 8 from work. I don't feel that she is supervised when she's with him. I have a notarized statement from my son giving me temporary custody. By law What must I do.

Related Topics:
1 Lawyer Answer

A: You need to consult with a family law attorney to discuss your situation in detail. It sounds like you may have what's called "standing," meaning legal grounds to file a custody case. To ultimately gain custody you will need to show the court clear and convincing evidence that it is in the child's best interest for you to have custody. Your first step is to meet with an attorney to thoroughly assess your situation.

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.