QUESTION
If he's going to be charged for identity theft, can i fight for full custody and right to move out of state?
Asked on Oct 14th, 2012 on Child Custody - Colorado
More details to this question:
My baby’s dad committed identity theft but hasn't been charged. I was going to come forward with the information. We only have our agreement for custody of our daughter. I don't have family in the state I live in. I'm not on good terms with his family out here. I'm also pregnant with his child but if I don't ask for support, he didn't want anything to do with the second child. I want to move back to my home state where I have my family and my support. I know he's entitled to his custody.
1 ANSWER
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You can "fight for" anything; the question is whether a "fight" will accomplish anything beneficial to the child. Since you don't indicate whether your "agreement for custody" has been approved as a court order, it isn't possible to advise you on what your options are concerning moving to another state. If there is a court order in effect, you need to get the court's approval and modification of the current parenting time plan. If there is no court order, there is probably nothing keeping you from moving. You need to arrange to talk directly to an attorney who can discuss all the relevant facts in order to properly advise you.
Answered on Oct 16th, 2012 at 12:07 PM