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Im trying to get Custody of my 3 year old son.

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Je252b

Junior Member
What is the name of your state (only U.S. law)? Colorado
I have a 3 year old son and have always been in his life, well in march of 2013 my ex gf(his mother) was talking to another guy and moved out one night while i was at work. She called me a couple days later and told me she got an apartment and let me see my son. I went to her appt and she didn't needed kitchen supplies to feed my son. even though she left I took her and purchased around $200 of kitchen supplies for her to be able to take care of my son.She immediately let her new bf move in with her and had him watching my son while she would go out drinking. after about 3 months of her moving out I met somebody and since have married her and have a son with her. in September of 2013 she broke up with the bf she was living with and Moved to Texas without telling me to be with a new bf. I rarely got to talk to my son on the phone. let alone see him. She blocked me on Facebook and blocked my phone number. She Moved in with her new bf when she got to Texas and I had him calling me talking trash to me. I didn't know what address my son was at. only a town. It had been about 6 months that she moved to Texas and For a month she hadn't let me talk to my son. then one day i heard she had been in a car accident. the accident was on a Friday and on a Wednesday I was finally able to get a hold of her. she told me that she let her bf driver her car and he had ran a stop sign and flipped the car. my son was in the back seat. her bf was ejected from the car and died, she had suffered pelvis injuries and luckily my son had not suffered any injuries. she was crying and thanked me for buying him the car seat he was in. i did a lot of research when buying this car seat. she has no blood relatives in Texas so i offered to buy her and my son a plane ticket to fly back to Colorado so she could be with her family and i could see my son. she said she didn't want to come to Colorado. after a month of arguing I convinced her to let me have my son for a month so she could get her life on track. she agreed and we met half way and i picked up my son. he was almost 4 and she still hadn't potty trained him. within a month of him being with me and my wife he was potty trained and very happy. after me having him for a month she kept calling and asking me to keep him for another couple weeks. this happened 2 or 3 times before she finally called and said "as much as it kills me to say this I think you should keep him until court". I hired an attorney and he set up a court date for June 4th 2014 so i can try and get custody of my son. I have had my son for 2 moths and court is in June. I am still paying her child support and providing for my son because he is home with me. she wont call child support to tell them I have my son. She is now saying that after court shes getting him back and I can only see him during the summers which would kill me. Me and my son are very close and have been his whole life. she now calls about once a week to talk to him. her Facebook is mostly about partying and hanging out with friends. I have no intention of letting her take my son from me. With her giving him to me because she was a mess will she be able to take him from me? Any Advice would help. Thank you.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Colorado
I have a 3 year old son and have always been in his life, well in march of 2013 my ex gf(his mother) was talking to another guy and moved out one night while i was at work. She called me a couple days later and told me she got an apartment and let me see my son. I went to her appt and she didn't needed kitchen supplies to feed my son. even though she left I took her and purchased around $200 of kitchen supplies for her to be able to take care of my son.She immediately let her new bf move in with her and had him watching my son while she would go out drinking. after about 3 months of her moving out I met somebody and since have married her and have a son with her. in September of 2013 she broke up with the bf she was living with and Moved to Texas without telling me to be with a new bf. I rarely got to talk to my son on the phone. let alone see him. She blocked me on Facebook and blocked my phone number. She Moved in with her new bf when she got to Texas and I had him calling me talking trash to me. I didn't know what address my son was at. only a town. It had been about 6 months that she moved to Texas and For a month she hadn't let me talk to my son. then one day i heard she had been in a car accident. the accident was on a Friday and on a Wednesday I was finally able to get a hold of her. she told me that she let her bf driver her car and he had ran a stop sign and flipped the car. my son was in the back seat. her bf was ejected from the car and died, she had suffered pelvis injuries and luckily my son had not suffered any injuries. she was crying and thanked me for buying him the car seat he was in. i did a lot of research when buying this car seat. she has no blood relatives in Texas so i offered to buy her and my son a plane ticket to fly back to Colorado so she could be with her family and i could see my son. she said she didn't want to come to Colorado. after a month of arguing I convinced her to let me have my son for a month so she could get her life on track. she agreed and we met half way and i picked up my son. he was almost 4 and she still hadn't potty trained him. within a month of him being with me and my wife he was potty trained and very happy. after me having him for a month she kept calling and asking me to keep him for another couple weeks. this happened 2 or 3 times before she finally called and said "as much as it kills me to say this I think you should keep him until court". I hired an attorney and he set up a court date for June 4th 2014 so i can try and get custody of my son. I have had my son for 2 moths and court is in June. I am still paying her child support and providing for my son because he is home with me. she wont call child support to tell them I have my son. She is now saying that after court shes getting him back and I can only see him during the summers which would kill me. Me and my son are very close and have been his whole life. she now calls about once a week to talk to him. her Facebook is mostly about partying and hanging out with friends. I have no intention of letting her take my son from me. With her giving him to me because she was a mess will she be able to take him from me? Any Advice would help. Thank you.
So in what state did you file? Your son has been in Colorado for two months?
 

Je252b

Junior Member
My son was born here in Grand Junction and has lived here his whole life. up until she moved him to Texas in September. i got him back in February and have had him with me since. I filed here in Grand Junction Co and she has to appear at court here on June 4th.
 

Ohiogal

Queen Bee
My son was born here in Grand Junction and has lived here his whole life. up until she moved him to Texas in September. i got him back in February and have had him with me since. I filed here in Grand Junction Co and she has to appear at court here on June 4th.
Grand Junction does NOT have jurisdiction at this juncture. Texas does. This should have been filed in Texas. Mom may be able to get this dismissed due to the fact that the child's home state is Texas since the child lived there from September through February which is six months.
 
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Ohiogal

Queen Bee
Sept-feb is 5 months. And it doesn't look like mom is going to contest jurisdiction.
September
October
November
December
January
February

Those are six months. Depends on when exactly. And in his previous post he said six months:
It had been about 6 months that she moved to Texas and For a month she hadn't let me talk to my son.
And mom may dispute jurisdiction if she is counting on getting her son back at the hearing.
 

CJane

Senior Member
Broke up in March
New gf/wife/baby on the way by June
Mom moves in September
Mom is in horrible accident in Jan
Child comes to stay with Dad in Feb
(Interesting that he's 'almost 4' when we're to be appalled about the potty training, but is still only 3 several months later)
Court is a month away, and mom has agreed to child staying in CO Until then.

Is that about right?
 

Je252b

Junior Member
She had me served with papers from Texas courts so I hired an attorney in Texas and he got the case dismissed because Texas doesn't have jurisdiction. I then hired an attorney in Colorado and he got a court date set for June 4th.
 

Je252b

Junior Member
I would go see a couple times a week at her house and on my nights off from work he would spend the night with me.
 

CJane

Senior Member
I would go see a couple times a week at her house and on my nights off from work he would spend the night with me.
That's between March and September - when Mom moved.
How often did you see the child between September and February?
 

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