Please tell me what will happen

Hi if a person in Colorado does a hit and run (non injury I think) drunk off their butt and has several alchole/jail related situations over the past 10 years and flees to calif. Because he's on probation for a charge (domestic) he is fighting and is out on bail and forgets he had another court date so has failure to appear on that now. Anyway my question is WILL COLORADO EXTRIDITE HIM? Please help there is a baby involved I want to secure. Thank you

The Colorado court will probably issue a bench warrant, and when the California police notice you are there, yes they will probably arrest you, notify Colorado, and hold you until Colorado decides if it wants you back.

The Colorado court will probably issue a bench warrant, and when the California police notice you are there, yes they will probably arrest you, notify Colorado, and hold you until Colorado decides if it wants you back.

I know about the bench warrant and Ca. holding you. My question is... Is a hit and run charge/warrant and failure to appear warrant on a previous domestic charge enough for Colorado to FOR SURE extradite him?

Would Colorado bails bondsman extradite a person out on a 5000 bond ?Extradite from Calif. To Colorado?

If I have the child in the state of Calif. And file for custody dose the parent have to come here to fight it in court and will I be granted tempoary custody while waiting to go to court?

Hello broom:

Yes, they will.

excon

Has there ever before been a court proceeding regarding custody or visitation for the child?

If so, which state?

If not, how is it that you have the child?

The mother was suppose to set up court ordered supervised visitation in the state of Colorado but had not done so in the few months before my son who had him in his care came here to visit and will possibly be extradited back to Colorado. Mom has history of violance.

First, unless you have a court order allowing you to care for the child, you have no legal rights. If you are applying for custody, you should apply locally and see what happens.

Whether you are granted temporary custody while proceedings go on will be up to the court and that will depend on what the parents do.

Has there ever before been a court proceeding regarding custody or visitation for the child?

If so, which state?

If not, how is it that you have the child?

No court custody filed. What happened was in Colorado the mom and dad were both charged with domestic violance. My son (dad)got bailed out and was fighting the charge because she was the one who for the 100th time had hit, kick and spit on him. She plead guilty and did time so my son had the baby and the courts were okay with that and said if she wants to see baby she has to have supervised visits and judge put restraining order on the mom to stay away from my son. So my son came out here to calif. With baby for me to help forgeting he was out on bail and had to go back to court so now there is a failure to appear warrant and I'm afraid bondsman will get him and extradite him. So I have the baby which is fine I just need to know if she would have to come here if I file here. Assuming she even cares. She has a history of violance with men etc. before my son too.

Again, you have no legal rights as far as the child is concerned until a court orders it. It is likely, your local court will have jurisdiction forcing her to come there to fight any court action.

Mostly it is going to depend on what has already happened. Since your son knowingy fled the state then he has charges hanging over him that can cause a custody change. Also if the mother files since your son didn't seek the courts permission to move and took the child with him he may be guilty of parental kidnapping. There are so many variables in all of this its very hard to sort through. The restraining order could have granted temporary custody to your son and in that case the court the heard and made the restraining order may also be the court that hears any custody disputes involving the child.

In other words, it's possible the UCCJEA (http://en.wikipedia.org/wiki/Uniform_Child_Custody_Jurisdiction_And_Enforcement _Act) puts jurisdiction in the Colorado courts, precluding you from maintaining an action for custody in the California courts.

But, a "state which does not otherwise have jurisdiction may enter a temporary emergency order, if the child is in danger and needs immediate protection. After issuing such order, the state court should determine if there is an existing custody order from another state in effect. If there is an existing order, the emergency court must allow a reasonable time period for the parties to return to the state having jurisdiction, and argue the issues to the court with jurisdiction.

If there is no previous child custody order in existence, the emergency court's order will remain in effect until a determination is made in a court having "home state" jurisdiction over the child. If no determination is made, and the emergency court's state becomes the home state of the child, the emergency order becomes a final determination of custody."

Thanks everyone you helped a lot

Also for what it is worth, on the bailbondmen, they do not have to go to court to take you back o other state, they do not need a warrant to enter your house if he is living there. They stuff him in a car or van and just take him back to the other state.

At any time, day or night a bondsmen or their agent, can appear out of no where and throw son in a car and be gone.

1.) When you are in jail and you get served custody papers what motion can you file to prolong going to court for awhile?
2.) When a person files for custody in a state and then moves to another state before the 1st court date don't they have to refile in the state they moved to?

1) You may or may not be able to postpone the hearing. You could file for a continuance. Since being in jail means you can't have physical custody, I don't see, why it is imperative to get custody. But there could be reasons.

2) No. If the case was filed in one court, that court will retain jurisdiction as long as one of the parents resides in the jurisdiction.

No parent is now residing in the state they filed in so don't they have to file in the state they moved to?

Not necessarily. They aren't required to. Also, if the move was recent, they may not have established legal residency.

Not necessarily. They aren't required to. Also, if the move was recent, they may not have established legal residency.

When dose it become their leagal residency and once it is di they then have to file there? Also how do you file the continuose from jail?

First, any question on law needs to include your general locale as laws vary by area. Generally residency requirements are 6 months, but it varies.

Who are you in this? If you are in jail, you will probably need an attorney to do the filings for you.

A little more background will help us help you better.

First, any question on law needs to include your general locale as laws vary by area. Generally residency requirements are 6 months, but it varies.

Who are you in this? If you are in jail, you will probably need an attorney to do the filings for you.

A little more background will help us help you better.

My son is in Colorado jail baby's momma is in wy. Where she filed and then directly after having him served moved to Colorado. I think she didn't file in Colorado because then the restrainting order on her and her charges of violent domestic and her probation would come up. Can I file for my son or send him the form to do it?

Yes, you can bring the form to your son, have him sign, and then file the forms with the court.

Since the mother is now in CO, I would ask that the WY case be moved to CO. This has to be filed with the WY court. But it may be doable by mail.

Yes, you can bring the form to your son, have him sign, and then file the forms with the court.

Since the mother is now in CO, I would ask that the WY case be moved to CO. This has to be filed with the WY court. But it may be doable by mail.

Isn't it her responsibility to tell wy. She has moved to colo. And once custody is granted for say to her if she was still going through wy. Courts she would not be allowed to take child from that state to another without notification/permission? Or take him from colo. Back to wy.?

Isn't it her responsibility to tell wy. she has moved to colo. and once custody is granted for say to her if she was still going through wy. courts she would not be allowed to take child from that state to another without notification/permission?? Or take him from colo. back to wy.??

No, because she is NOT required to move it.

It depends on what level of visitation is ordered. If she gets custody with no visitation (because your son is incarcerated), then she is free to move wherever. However, if he is granted visitation, then she can't move if it will change the visitation schedule granted. And being in different states may give her more flexibility to move. For example, If you son is granted visitation on school holidays, well it wouldn't matter much if the son is in WY or TX.

1.) While in his care, before he was served custody papers, if my son had a noterized letter giving me permission to okay any medical needs my grandson may need in his absence would that give me any sort of custody or gaurdionship for my grandson?

2.) If I have a noterized letter from my son giving me medical right for my grandson and I have his now dr. send off to his other dr. for his shot record does the dose the confidental/privacy act still apply to the dr. we need the records from? Or is he allowed to tell the parents?

First, please don't start multiple threads over the same issue. I've merged your threads. Knowing the background helps answer these questions.

1) A Notarized letter (preferable a Temporary Guardianship form) can give you Guardianship, not custody. But it would have to be signed by BOTH parents unless only the one parent has SOLE legal custody.

2) Again, if you have temporary guardianship, then you can authorize medical care and whatever that entails. But unless the guardianship agreement shuts out the parents, the physician has every right to contact them.

First, please don't start multiple threads over the same issue. I've merged your threads. Knowing the background helps answer these questions.

1) A Notarized letter (preferable a Temporary Guardianship form) can give you Guardianship, not custody. But it would have to be signed by BOTH parents unless only the one parent has SOLE legal custody.

2) Again, if you have temporary guardianship, then you can authorize medical care and whatever that entails. But unless the guardianship agreement shuts out the parents, the physician has every right to contact them.

Sorry I just ask it when it comes to me which is at different times. Thank you so much for all your answers you have been the biggest help to me at this point. Not necassarly what I wanted to hear but what I needed to hear. Thank you again.

Would Colorado be responsible by law for getting a person in their jail on a criminal matter to a hearing the person has on a civil matter even if it's in the next state over? If not how dose one(who is in jail)go about making sure they get to the cival matter court date?

In my State - NY - the incarceration is cause for postponement. If not, the person's Attorney makes the arrangements.

PLEASE stop opening new threads - asked and answered

PLEASE stop opening new threads - asked and answered

What do you mean new threads? Also how do I put them togather or whatever it is I should do. This is all new to me so I'm still learning you know. Like why is there a cookie in my computer LOL

What do you mean new threads? Also how do i put them togather or whatever it is i should do. This is all new to me so i'm still learning you know. Like why is there a cookie in my computer LOL

When you use the Ask button to post a new question that is started a new thread. A thread is the original post (OP) and all the responses connected to it. I already merged your threads for you.

There is a cookie in your computer to feed the gerbils that make it go ;)

Seriously a cookie is a small file on your PC that contains info about your visit to a web site that the site can read when you return to customize the site for you.

Would colorado be responsible by law for getting a person in their jail on a criminal matter to a hearing the person has on a civil matter even if it's in the next state over? If not how dose one(who is in jail)go about making sure they get to the cival matter court date?

It is also possible to allow him to appear via telephone or a video call.

Would colorado be responsible by law for getting a person in their jail on a criminal matter to a hearing the person has on a civil matter even if it's in the next state over? If not how dose one(who is in jail)go about making sure they get to the cival matter court date?

No, the jail or prison in Colorado has no such responsibility.

If the court has scheduled a hearing, it is his responsibility to send an attorney to attend. If it is an evidentiary hearing or trial, and his presence is necessary, his lawyer should make whatever arrangements are necessary to enable him to attend, if possible, or attend by telephone perhaps.

But often times the hearing is not one at which witnesses will testify. In that case, his physical presence is probably not necessary.

If he does not have an attorney, he can submit his position to the judge by letter and perhaps by affidavit. Or, possibly, he could make arrangements to participate by telephone. If none of those things will work, he is essentially out of luck.

When you use the Ask button to post a new question that is started a new thread. A thread is the original post (OP) and all the responses connected to it. I already merged your threads for you.

There is a cookie in your computer to feed the gerbils that make it go ;)

Seriously a cookie is a small file on your PC that contains info about your visit to a web site that the site can read when you return to customize the site for you.

Thank-you

When a parent files for custody does the court do a background check on both parents and is it just the state they filed in or is it a nation wide background check? What if both parents have domestic violence records, who would be the likely to get custody the one with the least domestic charges?

99.9% background checks are Nationwide. (I do background checks.)

The likelihood of getting custody depends on the charges and the dispositions. It varies.

When a parent files for custody does the court do a background check on both parents and is it just the state they filed in or is it a nation wide background check? What if both parents have domestic violence records, who would be the likely to get custody the one with the least domestic charges?

Again, please stop opening new threads.

This varies by court. So we can't say for sure. If a court decides to do some sort of check it will be turned over to family services.