Summary
In Colorado, without a formal custody agreement, both parents have equal rights, including the right to relocate with the child. However, moving a child out of state without the other parents consent or court order can be considered parental kidnapping. The law requires a 21-day notice before moving out of state with a child. Full custody without a court order is generally not possible. To file for custody, one needs to fill out the required court forms, file them at the local county court, serve the other parent with the papers, and attend a court hearing. This can be done online through the Colorado Judicial Branchs website. The duration for a custody case can vary greatly, but it typically takes several months.Full Conversation
Child custody
What state are you currently residing in, ****? This will help me provide the most accurate information regarding child custody laws.
Colorado
What specific issues are you facing with child custody?
In Colorado, child custody laws are based on the best interests of the child. Joint custody is preferred, but not mandatory.
I don't have a case but children have been in my care for a year and I need to move out of state. Can the father take them from me ?
Do you have a formal custody agreement with the father? In Colorado, if there's no court order, both parents have equal rights, including the right to relocate with the child.
No
In Colorado, without a formal custody agreement, both parents have equal rights. It's advisable to seek a formal custody order before moving. Contact Colorado Family Court for more information.
Can I get in trouble for kidnapping without a child custody order
Are you planning to move with the children without informing their father?
In Colorado, moving a child out of state without the other parent's consent or court order can be considered parental kidnapping.
I will inform him. Can he do anything ?
He can potentially file a court order to prevent the move. It's advisable to seek legal advice or a formal custody agreement before moving.
How long do I have to give notice to him before leaving state?
In Colorado, you should give the other parent written notice at least 21 days before moving. It's advisable to consult with a lawyer.
I was only giving 14 days to move
What is the reason for the short notice? In Colorado, the law generally requires a *-day notice before moving out of state with a child.
I'm being evicted and they only have my 14 days
What is the reason for your eviction? In Colorado, landlords must provide a written notice of 10 days for nonpayment of rent and 21 days for other lease violations.
Non payment
In Colorado, landlords must provide a written notice of 10 days for nonpayment of rent. Have you received this notice?
Yes that's not my question. Will I get in trouble for only giving him a 10 day notice that I'm leaving state with the children ?
In Colorado, the law requires a *-day notice. Not adhering to this could potentially lead to legal complications. It's advisable to consult with a lawyer.
What qualifies my to have full custody without a court order
In Colorado, full custody without a court order is generally not possible. It's advisable to file for custody in court, demonstrating that it's in the child's best interest.
How can I file for custody in Colorado
To file for custody in Colorado, you need to:
- Fill out the required court forms.
- File them at your local county court.
- Serve the other parent with the papers.
- Attend a court hearing.
For more details, contact Colorado Family Court.
Can I do this online ?
Yes, in Colorado, you can file for custody online through the Colorado Judicial Branch's website. Here's the link: https://www.courts.state.co.us/Self_Help/Index.cfm
How long will it take ?
The duration for a custody case can vary greatly, but it typically takes several months. It depends on the complexity of the case and the court's schedule.