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broomhilda1979 · Mar 4, 2013, 04:50 PM

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

AK lawyer · Mar 4, 2013, 05:01 PM

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.

broomhilda1979 · Mar 5, 2013, 03:43 AM

Originally Posted by AK lawyer

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?

broomhilda1979 · Mar 5, 2013, 03:49 AM

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

broomhilda1979 · Mar 5, 2013, 04:29 AM

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?

excon · Mar 5, 2013, 05:04 AM

Hello broom:

Yes, they will.

excon

AK lawyer · Mar 5, 2013, 06:00 AM

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?

broomhilda1979 · Mar 5, 2013, 08:37 AM

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.

ScottGem · Mar 5, 2013, 10:35 AM

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.

broomhilda1979 · Mar 5, 2013, 02:17 PM

Originally Posted by AK lawyer

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.

ScottGem · Mar 5, 2013, 02:47 PM

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.

cdad · Mar 5, 2013, 03:51 PM

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.

AK lawyer · Mar 5, 2013, 06:56 PM

In other words, it's possible the UCCJEA 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."

broomhilda1979 · Mar 7, 2013, 10:53 AM

Thanks everyone you helped a lot

Fr_Chuck · Mar 8, 2013, 04:07 AM

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.

broomhilda1979 · May 8, 2013, 03:00 AM

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?

ScottGem · May 8, 2013, 03:05 AM

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.

broomhilda1979 · May 8, 2013, 03:10 AM

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

ScottGem · May 8, 2013, 03:14 AM

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

broomhilda1979 · May 8, 2013, 09:14 AM

Originally Posted by ScottGem

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?