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

Q: Can the mother of my child get a Amber Alert issued without a custody order, and does residency constitute custody?

The mother of my 2 girls, ages 2 and 5, moved them to the state of Connecticut (from Colorado) in July of last year. There was an order in place (in Colorado) with our oldest daughter that clearly stated neither parent was to leave the state with the child. The court told me she could get a warrant issued for doing so. I could not find her. She was keeping her physical location from me because she knew I would get her served. I actually had to go to CT to find them and when she gave me the girls for the weekend I took them back to Colorado. Now she is threatening me with an Amber Alert and claiming she has custody (official custody) because the girls were residents in CT. Should I get an emergency protective order to keep her away so she cant take them back? This has already been a lot for our kids to handle and I feel I need to protect them from her.

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

A: You may want to file for custody of the children if you feel it is in their best interest. It is not clear what court has jurisdiction-Colorado or Connecticut. You should retain an attorney to review your situation and advise you how to proceed.

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