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

Q: Can my ex boyfriend keep my daughter even though we've made a verbal agreement no court agreement and been doing it?

We've been doing a week at a time with our daughter and now he decided not to let me have her back. Will the verbal agreement hold up in court?

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2 Lawyer Answers
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: The verbal agreement and the week on/week off pattern are great evidence to use in court. Unfortunately, the verbal agreement is not binding in a legal sense and if he decides not to let you have her back you need to get a custody (allocation of parental responsibilities) case filed right away.

John Hyland Barrett III
John Hyland Barrett III
Answered
  • Divorce Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: If there is no court order, either parent may retain possession of the child. If you can not agree on a parenting schedule, you should file an action for parental responsibilities (custody). The court can then enter orders regarding decision making and parenting time, in the best interests of the child. You should retain an attorney to help you with this.

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