QUESTION
How do I obtain sole custody so we could move out of state?
Asked on Oct 13th, 2012 on Child Custody - Colorado
More details to this question:
My daughter is three. Her father has visited with her maybe twenty times but has had no contact since July 1st. We did do a DNA test when she was born and he is on her birth certificate. He’s never been to a birthday party. When she had a medical problem resulting in surgery, he wasn’t there.
1 ANSWER
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Apparently you were never married to the father and there has never been any judicial determination of his rights or a court approved parenting plan. If that is correct, you already have sufficient "sole custody" authority to move wherever you wish. However, if there is an existing court order establishing parental authority and responsibility, you probably need to get the court to modify the existing parenting plan to include approval for your planned move. The sole question for the court when the issue is presented will be what is best for the child in light of all the relevant facts and circumstances related to her relationship with the father. You need to consult an attorney who can more thoroughly discuss all the relevant facts and explain your options.
Answered on Oct 17th, 2012 at 12:39 PM