Asked in Family Law and Child Custody for Colorado

Q: My sons alleged father refuses to return my son as verbal agreement because of his new girlfriend

Father is "unknown" no DNA test not on birth certificate and my son has my last name. I need a legal document showing I am the only active parent. What do I need to do or what papers do I file? I tried calling law enforcement but they said I need to go to the court and file paperwork but didn't tell me what I needed. I also have reason to believe his girlfriend is impersonating me to get my son his medical needs. While refusing to take my son to the doctor appointments I had made for my son in the county where I reside and his Medicare is registered.

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1 Lawyer Answer
Stephen J. Plog
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Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: If you know he is the father you are going to have to file an "allocation of parental responsibilities" case (a custody case). If paternity is an issue, you can either file a paternity case or you can seek paternity testing within the custody case. More information is needed to assess whether you state some sort of emergency basis for a court entering an order for your son's immediate return. You need to consult with a family law attorney.

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