Help with child custody questions please.?

Question

I have just started seeing my seven year old daughter for the first time since she was born. I have seen her three time once for an evening about 6 hours, once for saturday and sunday, and once from friday night through sunday night. Today I got a call from social services stating there was a child protection referral made which I knew about from talking to her mom. Her mom has checked herself in to a mental hospital to get help with her bi-polar disorder. My daughter has gone to stay with her uncle for the time being. My question is in the state of Colorado can I legaly pick her up for the weekend and not return her since there is no court orderd custody and would this be the appropriate thing to do? Any thoughts or advice would be appriciated.

Answer 1

Yes you have the right, by law, to do that. But do you really think that is best for her? Is the uncle capable of and taking good care of her? You said yourself that you haven't seen her in seven years, don't you think you should spend some time getting to know her first, for her benefit? I really think it would be WAY stressful for her if you ripped her out of her comfort zone. She would not understand, and would proabbly resent you for it! Now if she is not recieving adiquet care with the unlce, than that is a totally different ballgame! Also if you are seriouse about custody, and sounds like mom isn't too sound, then why don't you petition the courts. Doing things the right way is always best. Also it wouldn't hurt to ask her what she wants to do. Best of luck in making the right decision!

Answer 2

If your child's mother has sent her to live with her uncle and you take her, it would be considered kidnapping and, one you cross state lines, it becomes a federal offense.

Aside from the legal aspect, your child is going through a difficult time right now. Her mother is in the hospital and, while you have contact with her now, it is only recently this has occured. You don't mention why there was no contact, but the result is that you are just getting to know one another. Taking her from a place she knows, while her life is turmoil to be with a parent she is only just beginning to know is something most adults could not do, never mind a 7 yr. old. Speak with social services, stay in the loop and work on continuing to build your relationship with your daughter. If, after you have been involved in her life and you continue to feel you are the best place for her to be, consult a lawyer and go about trying for custody legally. I would also suggest contacting a lawyer to establish a court resognized visitation schedule anyway.

Answer 3

I would be very careful when deciding this. You have to put your daughters psychological needs first. If you have already formed a close and comfortable relationship with her then I would at least persue to spend A LOT of time with her. If not, then you would possibly emotionally damage her. Right now she is probably going through a lot concerning mom. She is old enough to call some shots. Maybe she could give you the answers your looking for.
ps If there is no court order, you legally have the right to take your daughter at any time. Even law enforcement can't stop you because they would need a court order to prevent this. Based on moms condition, this may be the route to take until mom is medicated and better enough to work out these issues. In the meantime, little girls NEED their fathers, good luck.

Answer 4

As a parent you are entitled to see your child, but there is a right way and a wrong way to accomplish this. It would be my suggestion that you go to your Domestic Relations court and file for a paternity test, if one has not been done, and in the process file for temporary custody. You have more rights to the chld than an uncle. It would also be my sugeestion that you make a call to your local Legal Aide to recieve aidein the process.

Answer 5

Why would you want to do that? I don't know the reasons for why you didn't see your child for the first seven years of her life, but she's only had 3 visits with you and you want to move her in permanently? You really think that's what's best for her? That will traumatise her! Fair or not, she's probably closer with this uncle than she is with you. Not to mention, her life has already been turned upside down by her mother's disorder. Like it or not, you're still a stranger to her.

Legally, I have no idea; but I can tell you that it's not in her best interest!

Answer 6

Yea actually you have every right to do that. As long as you are her Bio father and there is NOOOOO custody papers and things like that. You legally have just as much right to her as her mother does!!!! I dont know if its really in the best interest of the child. But you could at least take care of her until her "mommy is better" That would be a really good thing and you could spend time with her, and also show her that you care about her mom (even if you dont so much lol). GOODLUCK!!

Answer 7

I would talk to a family law lawyer or talk to the department of job and family services.

Personally you need to get with a case worker and set up visitation. You don't have court ordered visitation so they can consider it kidnapping since you never petitioned for joint custody or visitation.

Answer 8

If there are no court custody papers, you have every right to pick her up and keep her as long as you are the biologicla father. But where have you been for 7 years??

Answer 9

Wow .. i'm actually suprised they did not place her in your care , since mom had problems.

I would call as ask the social worker, it's the only way to to 100% Sure.

Good Luck.

Answer 10

you need to go to the court or ask some lawyer about that..

she is your daughter so i don't see why you wouldn't get any custody..
the only thing is that they will question you about why not being around until now.

good luck.