durango118
Junior Member
What is the name of your state (only U.S. law)? CO
I am asking for a close relative. Here's the best abbreviated version I can give.
A very short relationship in the state of CO produced a child 5 1/2 years ago. Before pregnancy was realized both parents had gone their separate way. Mom moved down south, dad moved west.
Child was born in southern state and once dad was notified of birth, went to southern state to meet and offer support and also obtain a DNA test (he is 99.9% child's father) Dad flies mom and child to western state several times to meet and visit extended family but only for the child's benefit, there is no relationship at all between the parents. Within the year, mom moves back to CO to be closer to her mom for much needed support. Dad makes several visits to CO to visit child. Dad is paying court ordered child support. As child approaches age of two, Dad moves to CO to be closer and form relationship with child. Dad spends every weekend with child. The relationship is a very loving and trusting one.
Mom has had several incidents with the law and Dad has tried in vain to give her benefit of the doubt. She has had several less than desirable relationships that has produced two additional children. The father of the additional children is now serving 5-8 for domestic abuse and assault with a deadly weapon. Mom was arrested for domestic violence as well and also child endangerment (two separate incidents) Dad has just found out that mom left the 3 children (all under the age of 5) home alone. It was a neighbor that called police. Mom lied to CPS and stated all 3 children were of the same father (the one that is now serving time) Dad was not given the opportunity take his child from this situation and at the time of the mom's arrest, all 3 children were subsequently sent to mom's mother to care for them. Mom is booked and later released. She was given probation for offense. Some months later she misses an appointment with her probation officer and then stops going altogether. Court issues warrant for her arrest. At this point she did have a job and seemed to be holding her own. Once the law caught up to her she is remanded to a "work release" program. Mom moves children to her mom's at this time. Grandmother brings children to mom's workplace during lunch so they can visit. After only a few months, mom loses all work release privileges and is now strictly incarcerated. Dad has no idea about her release and the mom's mom will not give him any straight answers. Child continues to live with grandmother, along with other siblings and grandmother's children. Child is becoming increasingly upset when it's time to return to the grandmother's. Has indicated he wants to live with dad.
Father feels it is in the child's best interest to file for full custody but that would mean moving child to western state so he can also have the support of his extended family. Since there were never (as far as he knows) any custody orders filed, does he need to file something in the state of CO? Is there some unwritten law that says mother's get custody unless otherwise noted?
Thank you in advance for any advice you can offer.
I am asking for a close relative. Here's the best abbreviated version I can give.
A very short relationship in the state of CO produced a child 5 1/2 years ago. Before pregnancy was realized both parents had gone their separate way. Mom moved down south, dad moved west.
Child was born in southern state and once dad was notified of birth, went to southern state to meet and offer support and also obtain a DNA test (he is 99.9% child's father) Dad flies mom and child to western state several times to meet and visit extended family but only for the child's benefit, there is no relationship at all between the parents. Within the year, mom moves back to CO to be closer to her mom for much needed support. Dad makes several visits to CO to visit child. Dad is paying court ordered child support. As child approaches age of two, Dad moves to CO to be closer and form relationship with child. Dad spends every weekend with child. The relationship is a very loving and trusting one.
Mom has had several incidents with the law and Dad has tried in vain to give her benefit of the doubt. She has had several less than desirable relationships that has produced two additional children. The father of the additional children is now serving 5-8 for domestic abuse and assault with a deadly weapon. Mom was arrested for domestic violence as well and also child endangerment (two separate incidents) Dad has just found out that mom left the 3 children (all under the age of 5) home alone. It was a neighbor that called police. Mom lied to CPS and stated all 3 children were of the same father (the one that is now serving time) Dad was not given the opportunity take his child from this situation and at the time of the mom's arrest, all 3 children were subsequently sent to mom's mother to care for them. Mom is booked and later released. She was given probation for offense. Some months later she misses an appointment with her probation officer and then stops going altogether. Court issues warrant for her arrest. At this point she did have a job and seemed to be holding her own. Once the law caught up to her she is remanded to a "work release" program. Mom moves children to her mom's at this time. Grandmother brings children to mom's workplace during lunch so they can visit. After only a few months, mom loses all work release privileges and is now strictly incarcerated. Dad has no idea about her release and the mom's mom will not give him any straight answers. Child continues to live with grandmother, along with other siblings and grandmother's children. Child is becoming increasingly upset when it's time to return to the grandmother's. Has indicated he wants to live with dad.
Father feels it is in the child's best interest to file for full custody but that would mean moving child to western state so he can also have the support of his extended family. Since there were never (as far as he knows) any custody orders filed, does he need to file something in the state of CO? Is there some unwritten law that says mother's get custody unless otherwise noted?
Thank you in advance for any advice you can offer.