Denver, CO asked in Family Law for Colorado

Q: I have a child where the father isn't on the birth certificate can he take my son away

I have a son and I'm the only one on the birth certificate and he told me that he wants to take my son away and change his last name. Mind you my son is 3 and he's just now saying this. He's never wanted to be in his life. Is there anyway I can prevent this from happening. To where he can't take my son or anything.

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

A: If there is no court order for parenting time then he has no custody rights. He has to go to court and asks to be recognized as the father, first and then he can ask for parenting time. You are completely free to move if you choose.

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