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

Q: What rights does a father have versus the rights of a mother if they were never married?

If an unwed couple having had four children together during the course of their relationship were to separate without either parent beginning any legal proceedings regarding the custody of said children, is it lawful for the mother- purely out of spite towards the father- to not only forbid any and all contact between the children and the father ( threats were made towards children, the father, family members, and close friends) but during this period of no contact the mother also moved the children to the other side of the country with nearly 5 months passing before the father found out? Part of the reason there wasn't ever any kind of custody case opened in the past was due to it never being an issue- there's even notarized documents of the voluntary child support he's paid her monthly for nearly 10 years now- until it came out that the mother had been cheating for the last couple years, causing the final split as well as the start of the completely hateful behavior.

1 Lawyer Answer
Sabra M. Janko
Sabra M. Janko
  • Divorce Lawyer
  • Denver, CO
  • Licensed in Colorado

A: In this scenario the Father should consider filing an action for allocation of parental responsibilities to set forth parenting time and child support. Absent a court order preventing a parent from relocating with a child, either parent may relocate with children. You will need to file the action in the children's' home state. Jurisdictional issues involving relocated children can be complicated so you should consult with a family law attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.