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

Q: The mother of my brothers child is withholding his daughter from him until he signs custody papers. W

We’re in Colorado, Colorado doesn’t have “custody” laws but calls it “parental responsibility.” He used to live with them for years and years. In and out. Now, that my brother is in a new relationship his baby mom has become very on edge. She has told his girl friend that she’s the reason why my brother can’t see his daughter.

What can we do? Should my brother go to the courts first or should we wait on her to file “custody papers.”

He tries to see his kid as much as he can whenever his baby mom isn’t bad mouthing him or his new girlfriend. But she’s claiming that my brother has never done anything for his kid, the child is 5 years old.

We have screenshots of her saying these things

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2 Lawyer Answers
Sabra M. Janko
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Answered
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: If he would like parenting time, then he can file an action for Allocation of Parental Responsibilities with a district court. This will allow a court order to issue that will set forth the responsibilities and parenting time and allow him to enforce the order if she does not comply.

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

A: Either party can file a court action to establish a parenting plan and child support obligations. Your brother should consult with an attorney to determine how best to proceed.

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