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

Q: My ex isn’t in my son life.

My ex and I weren’t married at the time of my child’s birth. His name is on the birth certificate but my son doesn’t see him as his father. My ex left the state for 3 years, only recently returned, has not been paying his child support, and never asks me if he needs anything.i have been my son’s sole guardian his entire life. If he comes anywhere near my son, the boy starts crying and telling him that he doesn’t know him, and that he’s a stranger. We have never been to court for him to get visitation. There is no parenting plan. Can I legally leave the state with my son since his father has no contact with him, and my ex and his entire family seem to think that threatening me with court action for the past 4 years is the best way to scare me?

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1 Lawyer Answer
Cindy Perusse
Cindy Perusse
  • Divorce Lawyer
  • Denver, CO
  • Licensed in Colorado

A: If there is no court order granting him parenting time and you were never married to him then he has no legal rights established as the father. You can move out of state.

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