Legal Question in Family Law in Colorado

Re: Abandonment and child custody

All very good questions. So long as no dvorce petition has been filed and there are no court orders affecting the child, she can go wherever she likes, whenever she likes. If he should file for divorce or get a court order barring her leaving Colorado, she would need to stay. If he gets a court order concerning the child or either of them files for divorce after she has left Colorado, he could get the order enforced or get an order requiring her to return the child to Colorado; however, he may have difficulty getting it done across state lines--it's not impossible, though.

If she stays in the house, a court would likely let her stay and order him to pay her temporary maintenance to cover the mortgage or rent. Once the baby is born, the court would also order him to pay child support. If he has no job, however, (and no other assets) this might not be very helpful.

The state where the divorce action is filed will likely determine custody. In Colorado, only one party need live here for either parent to file for divorce here.

In Colorado (and I imagine in most other states), the court would appoint a special advocate (or guardian ad litem) to interview the parents and any other person the parents suggest to make a recommendation to the court about custody.

In Colorado, whether the father's name is on the birth certificate will not affect any custody determination. Courts do not generally treat family issues with the strictness they determine criminal issues, for example.

Our eight attorney firm specuializes in family matters. We offer a 45-minute consultation for $150, during which we can examine the facts of your case in more detail. If this would be useful, please contact Katie at [email protected] or (303) 299-9484. I hope we can be of service to you and your sister.