Blue Springs, MO asked in Family Law and Child Custody for Colorado

Q: State of Colorado My son has his 8 month old daughter because he caught his fiancé doing cocaine and drinking -

His fiancé is breastfeeding feeding - he called cps because she says she doesn’t have a problem but she confessed to doing cocaine and drinking and then breast feeding. CPS did a report and told him that if he goes to work he has to to hand his daughter back to his fiancé - and they can have her monitored. Then she gave them a list of ppl who can monitor her, the same family and friends who condoned her behavior and never said she was drinking and doing cocaine — how is that right. He has to go back to work does he have to hand her back to his fiancé? I live in Missouri and cps told him he can’t take her out of state to be with me until this all gets straightened out Her get help etc. he asked if I could go to colo to monitor for a few weeks and of course she was against that. Not sure what we can do. He wants his family to stay together, just wants her to get help but she is clearly in denial.

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1 Lawyer Answer
Lydia Seifner
Lydia Seifner
Answered
  • Divorce Lawyer
  • Springfield, MO

A: Since they were not married when the child was born. until there is a court order for paternity and custody, the mother is the only one with legal rights to the child. If your son wants custody over the child, he will have to go to court over it. Have him talk to an attorney where he lives.

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