QUESTION

How do I get child custody if the parents moved to different states?

Asked on Jul 29th, 2012 on Child Custody - Colorado
More details to this question:
My daughter is 6 years old, she has always lived with me til the last year and 4 months. Her father has moved to New Mexico from OKlahoma and I moved from Oklahoma to Colorado. He has been with holding her from me, and he has filed for full custody. Colorado legal aid say they cannot help me because he is in New Mexico, New Mexico Legal aid has yet to get back to me. My questions are, 1: He has already served me with the child custody papers, can I file for temporary custody of my daughter? And how would I know if he already has? It doesn't say he has on the papers I have. And if she lives with him right now, could I get temporary of her till the court hearings? 2: He has lied about everything in his papers that were sent to me. When I respond to this, do I tell them everything or do I just respond with how I want full custody and etc and then is there a part later that is for calling him out in his lies? 3:If I have proof of all his claims are lies, when would I deliver them to the judge? Later at court? Or when I respond to the petitioner? 4: As far as proof, can I use facebook emails between myself and her father where he states we have joint custody of our daughter as proof? And they also show me asking when he is brining her to me every day for the last year. Can I use these? Since he is saying I have never tried to see my daughter?
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1 ANSWER

Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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Your questions are far too complicated to answer in this format and without much more information. But, it appears that you have no choice but to resolve the current New Mexico case and you absolutely need to consult and hire a lawyer in NM to assist you.
Answered on Aug 27th, 2012 at 4:56 PM

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