She's moving my son away to a different state!?!

[MattNG]

What is the name of your state (only U.S. law)? Colorado

my girlfriend and I moved to Colorado 4 months ago from Florida. She currently has a Colorado license, so I think she's a resident. We have recently broke up and she is flying her and my son to Georgia to stay with her family there. Can she legally just run off to another state with my son? is there anyway I can stop her?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Colorado

my girlfriend and I moved to Colorado 4 months ago from Florida. She currently has a Colorado license, so I think she's a resident. We have recently broke up and she is flying her and my son to Georgia to stay with her family there. Can she legally just run off to another state with my son? is there anyway I can stop her?

She can take her son with her to Georgia. You can't stop her from going anywhere. Colorado doesn't have jurisdiction over the child necessarily. You haven't been there long enough. Was paternity of the child established? Are there any court orders? Did you sign an affidavit of paternity? Don't say you signed the birth certificate because no, you didn't.

 

[stealth2]

What is the name of your state (only U.S. law)? Colorado

my girlfriend and I moved to Colorado 4 months ago from Florida. She currently has a Colorado license, so I think she's a resident. We have recently broke up and she is flying her and my son to Georgia to stay with her family there. Can she legally just run off to another state with my son? is there anyway I can stop her?

Have you been legally declared as the father? How old is the child? Are there any custody orders? Otherwise, as a single mother, she currently has sole custody of the child and can take her child where she chooses.

 

[MattNG]

She can take her son with her to Georgia. You can't stop her from going anywhere. Colorado doesn't have jurisdiction over the child necessarily. You haven't been there long enough. Was paternity of the child established? Are there any court orders? Did you sign an affidavit of paternity? Don't say you signed the birth certificate because no, you didn't.

There are no current court orders, I don't think i signed any affidavits but may have, the child is mine I'm sure. I just want to figure out a way that I will have parenting time with my son, which will be near impossible if he's on the other side of the country.

Let me give you a better run down of what has transpired. I fought for, and won, sole custody of my son when he was 9 months old and was a single dad for 5 1/2 years before I met this girl, I'll just call her A for now. A and I have a 6 month old son together. He was born in Florida and we moved to Colorado in August due to a job offer I accepted. There have been many issues but this weekend an argument led to her attacking me and punching holes in my 6 year olds bedroom door as I held the door shut and my 6 year old was crying and hiding under his blankets, the police were called but no formal repot was written. This was obviously the last straw in our relationship. Since then she is constantly badgering me telling me that I'm going to be paying child support AND she's moving away so I will never see him or have anything to do with how he is raised. It just seems wrong that she can do that, but that may be just the way it is, either way I just want time with my son. Let me know and thank you so much for the responses!

 

[MattNG]

Have you been legally declared as the father? How old is the child? Are there any custody orders? Otherwise, as a single mother, she currently has sole custody of the child and can take her child where she chooses.

There are no current court orders, I don't think i signed any affidavits but may have, the child is mine I'm sure. I just want to figure out a way that I will have parenting time with my son, which will be near impossible if he's on the other side of the country.

Let me give you a better run down of what has transpired. I fought for, and won, sole custody of my son when he was 9 months old and was a single dad for 5 1/2 years before I met this girl, I'll just call her A for now. A and I have a 6 month old son together. He was born in Florida and we moved to Colorado in August due to a job offer I accepted. There have been many issues but this weekend an argument led to her attacking me and punching holes in my 6 year olds bedroom door as I held the door shut and my 6 year old was crying and hiding under his blankets, the police were called but no formal repot was written. This was obviously the last straw in our relationship. Since then she is constantly badgering me telling me that I'm going to be paying child support AND she's moving away so I will never see him or have anything to do with how he is raised. It just seems wrong that she can do that, but that may be just the way it is, either way I just want time with my son. Let me know and thank you so much for the responses!

 

[stealth2]

There are no current court orders, I don't think i signed any affidavits but may have, the child is mine I'm sure. I just want to figure out a way that I will have parenting time with my son, which will be near impossible if he's on the other side of the country.

The bolded - stated by millions of men over the years. Reality is that you CANNOT be sure w/o a DNA test, unless you had her chained to the bed, doors locked and you watching her 24/7.

Since it appears that she HAS established residency (takes 90 days to file for divorce in CO, so I suspect it would be the same for custody issues), CO would hold jurisdiction. You need to file ASAP to establish paternity and custody, and request the child not be removed from the state. I would suggest you retaon an attorney.

 

[LdiJ]

The bolded - stated by millions of men over the years. Reality is that you CANNOT be sure w/o a DNA test, unless you had her chained to the bed, doors locked and you watching her 24/7.

Since it appears that she HAS established residency (takes 90 days to file for divorce in CO, so I suspect it would be the same for custody issues), CO would hold jurisdiction. You need to file ASAP to establish paternity and custody, and request the child not be removed from the state. I would suggest you retaon an attorney.

I am pretty sure its six months for custody issues. However, the OP should certainly consult with a local attorney to confirm. It does however sound like he hasn't even established paternity yet.

 

[Silverplum]

There are no current court orders, I don't think i signed any affidavits but may have, the child is mine I'm sure. I just want to figure out a way that I will have parenting time with my son, which will be near impossible if he's on the other side of the country.

Let me give you a better run down of what has transpired. I fought for, and won, sole custody of my son when he was 9 months old and was a single dad for 5 1/2 years before I met this girl, I'll just call her A for now. A and I have a 6 month old son together. He was born in Florida and we moved to Colorado in August due to a job offer I accepted. There have been many issues but this weekend an argument led to her attacking me and punching holes in my 6 year olds bedroom door as I held the door shut and my 6 year old was crying and hiding under his blankets, the police were called but no formal repot was written. This was obviously the last straw in our relationship. Since then she is constantly badgering me telling me that I'm going to be paying child support AND she's moving away so I will never see him or have anything to do with how he is raised. It just seems wrong that she can do that, but that may be just the way it is, either way I just want time with my son. Let me know and thank you so much for the responses!

The fact that you have custody of your other son is entirely moot to the issue of your gf moving away with the younger son. Why was no report written by the police? Get one, if possible, now. Go to the cop shop and request what they have on that night.

You NEED to file for paternity, request joint legal custody, etc. You likely need an attorney, and to move FAST. Can you do that??

 

[anearthw]

I find it difficult to believe that you told the police such an attack occurred yet there was no report- perhaps you should clarify with them. Or, is it that the report was not to your advantage?

As others state, you need to call a lawyer today.

 

[LdiJ]

There are no current court orders, I don't think i signed any affidavits but may have, the child is mine I'm sure. I just want to figure out a way that I will have parenting time with my son, which will be near impossible if he's on the other side of the country.

Let me give you a better run down of what has transpired. I fought for, and won, sole custody of my son when he was 9 months old and was a single dad for 5 1/2 years before I met this girl, I'll just call her A for now. A and I have a 6 month old son together. He was born in Florida and we moved to Colorado in August due to a job offer I accepted. There have been many issues but this weekend an argument led to her attacking me and punching holes in my 6 year olds bedroom door as I held the door shut and my 6 year old was crying and hiding under his blankets, the police were called but no formal repot was written. This was obviously the last straw in our relationship. Since then she is constantly badgering me telling me that I'm going to be paying child support AND she's moving away so I will never see him or have anything to do with how he is raised. It just seems wrong that she can do that, but that may be just the way it is, either way I just want time with my son. Let me know and thank you so much for the responses!

I think that your biggest obstacle is going to be that you moved her and the child away from their home state, the relationship fell apart in less than 4 months, and now she wants to go back. There is also a chance that CO would not have jurisdiction. Therefore, you really need to get yourself to an attorney ASAP, to find out where you stand.