QUESTION
Can I move out of state with my son if we never established custody but his father doesn't see him?
Asked on Sep 17th, 2012 on Child Custody - Colorado
More details to this question:
I am remarried and my husband and I want to move out of state, but I have a son. His father doesn't see him and we have never been to court for custody. Any time it came up the father says he doesn't want to go to court and he doesn't have a job to help pay court fees.
1 ANSWER
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If there is no court order establishing parental rights and responsibilities, there is nothing to keep you from moving anywhere. If the putative father (i.e. someone who may be the bio-father but has not yet been judicially ruled to be the father with specific parental rights) has never been involved in maintain a relationship with the child there is nothing that requires you to get his permission and, obviously, the child will not suffer any loss from being denied a relationship the putative father apparently doesn't want.
Answered on Sep 21st, 2012 at 12:56 AM