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  1. #1
    Join Date
    Mar 2012
    Location
    longmont, colorado
    Posts
    3

    Exclamation How To Prevent a Non-Custodial Parent from Having Weekend Visitation

    My question involves a child custody case from the State of: CO

    My baby is 9 months old and her dad wants to take her for the weekends. I'm not willing to let him take her because I'm scared he will take off with her to Mexico. We were never married but when we were together he would tell me that once the baby was born he was going to take her with him to Mexico and leave me by myself.

    I don't want to take any risk. I am going to take him to court but I'm not sure if the judge would take into consideration what he has said to me. I really don't know what to do.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Can Be Done So My Ex Won't Take Our Baby for the Weekends

    Is paternity legally established?

    Any court orders in place?

    If the answer to either of those is "no", you don't have to allow any visitation. Do you have proof of the threats?

  3. #3
    Join Date
    Mar 2012
    Location
    longmont, colorado
    Posts
    3

    Default Re: What Can Be Done So My Ex Won't Take Our Baby for the Weekends

    He is listed on her birth certificate.

    There is no court order.

    The only proof of the threats are my family members. He would always mention that when they were around.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Can Be Done So My Ex Won't Take Our Baby for the Weekends

    Then honestly Mom, you don't have to allow visitation at all. If Dad wants visitation, he is free to file. If you can prove to the court that there's a legitimate threat, or that he's a flight risk, you may get supervised visitation.

  5. #5
    Join Date
    Mar 2012
    Location
    longmont, colorado
    Posts
    3

    Default Re: What Can Be Done So My Ex Won't Take Our Baby for the Weekends

    I can deny visitations eventhough he gives the baby money every month?

    Would mentioning to the court that he is illegal be beneficial for me?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Can Be Done So My Ex Won't Take Our Baby for the Weekends

    Child support isn't a ticket to see the child. Without a court order for visitation, you don't have to allow visitation.

    His status here might be important if you're trying to prove that he's a flight risk. The court might wonder though why his illegal status wasn't an issue until now.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: What Can Be Done So My Ex Won't Take Our Baby for the Weekends

    Quote Quoting Attyassisted
    View Post
    Hello,I would like to help.If you were never married then he cannot take the baby from you.He doesn't have the proper right.And if he threatens then you can simply lodge an F.I.R.You can file a petition in the court and take legal custody of the baby.Then you will have full right of the baby.


    Actually, if there was a court order in place, even though Mom & Dad aren't married - he would ABSOLUTELY have the right to take the child per the court order. As it is, Mom doesn't need to do anything since she has full custody by default in her state.

    Please try to be accurate. Thanks!

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