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Just a question Colorado Utah California

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  • Just a question Colorado Utah California

    My BF wants to get visitation with his son? Where would he file for it? He lives in Colorado and his x lives in Utah, and is moving to California sometime after Christmas. The mother wont let him see the baby unless he goes to her. She says that he is too little to be away from her, and she is breastfeeding him. So how would visitation work him being an infant, and breastfeeding, and her being in another state?

  • #2
    That's wounderfull that your BF wants visitation.. Has paternity been established? If yes then he needs to go down and file for visitation ASAP were the case was set at.... He needs to do it before mom leaves to another state... If he waits to long once you are in a state for a certain amount of time you are considered a resident there.. If the baby is breast feeding he may not beable to have oover night visits just yet. But mom may be able to pump a few bottles for his visitation period...

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    • #3
      No he hasn't established paternity. We really didnt know where we needed to go or anything. Right now she is currently living in Utah with some famliy, and we are in Colorado. He just found out he had a son. She came and visited her family that lives here in Colorado, after the baby was born. She ran into a mutal friend and told her that she had been trying to find my BF. She left the friend with a letter that explained that he was a dad, and then left a few pictures of the baby in it. He didnt open the letter write away, and then when he did it took us a bit to find her. When he talked to her she told him that she was moving back to California after Christmas to finnish her schooling, and that he was more then welcome to visit the baby, but that he would have to go to California to visit him. She also told us that she was breastfeeding him, and that he was too little to be away from her, for more then a few hours. We were just wondering if we needed to go to California to get visitation and stuff or if we could do it here in Colorado. My BF seems to think that since she was never a resident of the state that we live in that we would have to file in California. Is that correct? I dont think that we would be able to afford to go to california let alone be able to get a lawer down there.

      Comment


      • #4
        So if he wants visition so bad why did he wait a bit to open the envelope? If the mother said that you already can have visitions, why do you need to file for it? I can understand her wanting you go there if the child is only a baby and still breastfeeding. Sounds like she is being reasonable. Is Your BF paying Child Support?

        Comment


        • #5
          Originally posted by kcm View Post
          My BF wants to get visitation with his son? Where would he file for it? He lives in Colorado and his x lives in Utah, and is moving to California sometime after Christmas. The mother wont let him see the baby unless he goes to her. She says that he is too little to be away from her, and she is breastfeeding him. So how would visitation work him being an infant, and breastfeeding, and her being in another state?
          If the ex weren't planning to move so soon the answer would be simple- he'd file in Utah. However, with her move being so close it's possible that he may need to either file in CO or wait for the 6 months it takes for her to establish residency in CA.
          Jurisdiction in a situation like this can be very tricky, so right now the best thing he can do is to get a consult with a family law attorney. Or, he can try to go though CO CSE agency asking to establish paternity and a CS order. CSE doesn't take care of visitation/custody filings, but getting a CS order should help establish where jurisdiction will be.

          Comment


          • #6
            My BF didnt open the letter right away, because all he knew is it was a letter from his X. He wants to make sure that the baby is his first of all, and traveling all the way to California all the time is too expensive. If the baby is his he would like the baby to come here sometimes too. He wants to also make sure that he is able to see his son. She may be nice about letting him see the baby now, but who is to say that it will stay that way.

            His x is always moving. When she left the letter for him, the address and phone number was an Idaho number, when we called it the guy we talked to said that he had the # for a few months. Then the letter we had sent came back as unknown person, no forwarding address. When we were finally able to get ahold of her she was in California moving her things there.
            We just wanted to see where would be the best place to file since the mother is always moving, and we didnt want to wast our money on a lawer in Colorado if it isnt going to do any good.
            Then the last time we talked to the mother she said that she wasnt, going to make him pay child support unless he filed for Visitionan. So he was thinking that it would would be better off not filing for it now. That the money he saved could be used to visit his son. His mom and me are trying to get him to just file anyway. I never met his x because she had moved away a few weeks before we started dating. I dont know that he should take her word for it. I have spoken with her a few times, and he seems nice enough, but who says that it will always be that way. My Bf seems to trust her, and tells me that the only reason they broke up, is because she was moving to another state to stay with her family, and he didnt want to leave his family to go live with hers. I still say that even if she isnt going to make him pay CS, unless he files then he should do it anyway. Wouldnt you?

            Comment


            • #7
              Opening a case with CSE to prove Paternity and determine CS would definitely be in his best interest as well as the childs. You never know when she will decide she wants CS and then it could be really ugly.

              You could begin by calling CO CSE Office and get some insight on how to
              go about doing this if you do not have an Attorney.

              Comment


              • #8
                What is CSE, and where would that be?

                Comment


                • #9
                  Originally posted by kcm View Post
                  What is CSE, and where would that be?
                  Child support enforcement agency. Every state has one, usually there is a listing in the phone book under state govt. numbers. If it's not listed, a court clerk should be able to tell you the number.

                  Comment


                  • #10
                    www.supportguidelines.com

                    go to Colorado. Follow the links to find your local office.
                    HOOK 'EM HORNS!!!
                    How do you catch a very rare rabbit?
                    (unique up on him)
                    How do catch an ordinary rabbit?
                    (same way)

                    Comment


                    • #11
                      My BF wants to know if he can have the childs name changed. The mother gave him her new BF's last name.

                      Comment


                      • #12
                        He should have an easier time getting a court to order the name change because the last name is NEITHER of the parents' last names. He definitely needs to include that in his petition.
                        HOOK 'EM HORNS!!!
                        How do you catch a very rare rabbit?
                        (unique up on him)
                        How do catch an ordinary rabbit?
                        (same way)

                        Comment


                        • #13
                          We also just found out that her new BF signed the Birth Certificate. So he has the Bf's last name and the bf signed the Birth Certificate. She said that she gave the baby his last name because she wanted all her children to have the same last name as her and she is engaged to be married to her bf in FEB. She refuses to let us get his named changed.

                          Comment


                          • #14
                            Originally posted by kcm View Post
                            We also just found out that her new BF signed the Birth Certificate. So he has the Bf's last name and the bf signed the Birth Certificate. She said that she gave the baby his last name because she wanted all her children to have the same last name as her and she is engaged to be married to her bf in FEB. She refuses to let us get his named changed.
                            Oh, goody. She is digging her hole deeper and deeper. She has committed fraud. Be sure that your bf brings this issue up in court.
                            HOOK 'EM HORNS!!!
                            How do you catch a very rare rabbit?
                            (unique up on him)
                            How do catch an ordinary rabbit?
                            (same way)

                            Comment


                            • #15
                              WHy what did she do?

                              Comment

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