Q: Current out of state custody agreement and how to enforce it.
My husband's ex-wife lives in CO with his son. We had full custody but allowed her to take him since he wanted to live with her at the time. The agreement was modified in MA as we were residents then and that is where the original agreement was made. We no longer live in that state nor CO. For no reason, in 2013 she stopped all contact between him & his son which should be unrestricted per the current agreement. We were finally able to contact him in 2017. She is now facing numerous legal issues and has given up rights to another child and may face jail time or lose custody of his son. We have recently found out she has opted to place his son in the states' care should anything happen to her as she has told everyone the father is longer in the picture. The agreement has never been filed in CO. Can she legally override the out of state agreement to stop my husband from getting custody? The current agreement states that she has primary physical custody and they have joint legal custody.
A: Your husband should register the decree in Colorado and then seek to enforce/modify it to provide for him to have custody of his son. He should retain an attorney in Colorado to do this for him.
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