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olga godsy · Dec 31, 2013, 04:45 AM

My son has lived in Texas for two years now with his father, on a verbal agreement between his biological father and I, that after I had a medical condtion treated completely. As well as a misdemeanor incarceration was completed, I, his mother who resides in the state of Colorado would go to Texas where they are now residing... my son is eight years old... the father in the matter continues to pay a child support order after having taking a d.n.a test.. would I have the legal right to cross into Texas, and demand a police escort to getting my son?

joypulv · Dec 31, 2013, 04:54 AM

Are there two fathers? I can't quite understand the situation. And what was the original court order, after the DNA test, if any? The order stands until one of you goes back to court to try to change it. And is the father who has him going to fight this?
Don't forget that he is 'our' child, not 'my' child.
I'm not sure which court you would file in, given the verbal agreement, but from what you write so far, it sounds like you will file in CO.
The police will help at the father's house, but not unless he has first refused to comply, or if he has made it clear that he won't.

Fr_Chuck · Dec 31, 2013, 05:35 AM

First no, the police are not going to give you any escort. You can go to the home and ask the father to give you the child, Is there any court order in place, giving your custody ?

If he will not give you the child, you will have to take him back to court to have the court demand he return the child.

olga godsy · Dec 31, 2013, 09:08 AM

My son is eight years old, and resides in Texas. Where he has been for the past two years on regards to a verbal agreement between his father and I. Due for two reasons I was diagnosed with multiple fibroid tumors as well as, six months of being incarcerated in a county jail. Since 2011 I have had a full hysterectomy and removal of both ovaries. I reside in Colorado as did my son prior to this life changing experience. In 2008, my sons father ordered a paternity test and soon after my son received the child support order payment. Our first year of being apart put much hardship on our son from the overwhelming change in his life. Soon after I completed the jail sentence and was given a deferred two year felony probation. I still have a year and a half to go including restitution. I do not want to neglect my son of any life oportunties. He lives with aister along with a caring step mother. Since my release in July 2013, I have spoken to my son four time and feel as if I am losing him not only spiritualy but legally. My most recent and surprising conversations with my sons dad he denied me his new address where I had hoped to send him his Christmas gifts. I recently discovered during these occurrences over the last two years that the child support payment was still in affect. I advised my technician to reach Texas to stop the order. I have yet to receive any documentation on regards to that mater. I am still in contact with his family members through Facebook, and although its only hearsay.. my heart agrees... That my sons dads is willingly and wanting to get me for abondoment. I am scared that he can considering there was no documentation stating other wise.Although I was fully aware that was nothing in writhing, I wanted to show my son that if I could have trusted him, that so could he since it had been the second time visiting, but this time the pick up date was unsure of. I have recently got married and await school. And not an hour goes by that my heart yurns for truth: moraly and legaly... Do I have the right, along with my probation consent to go into Texas and request a police escort to express my love to my son to possibly bring him home. I have put much thought on how I want to go about this and I do not want to fight in a gruesome custody battle so he threatened when we last spoke. My son is a very deep thinker and hard feeler, I can only imagine the emotions he carries on a daily basis thinking I have left his life forever. I would like to earn my sons trust during summers until probations is complete.

There is one father and no there is not a court order in place, although if he filed anything within the last two years, how can I find out? So I do file here in Colorado,that is good to know thank you. And now that I know I have to take him to court so that way I can have my son returned now that I am on a felony deferred probation sentence, will that be held against me?

How do I go about getting the child support order taken off? When I ask my technician to help she says Texas has get that in order,

talaniman · Dec 31, 2013, 09:54 AM

To get to the point of a good legal and moral resolution, I see many court battles and appearances. Both in Colorado, and Texas, with no immediate or quick fixes. You both have rights and the process of lawyers and judges is a long one. I suspect though that supervised visits is doable as well as a LOT more regular phone contact with your son, while the courts workout the details and that may be a very long process.

No different than any messy divorce with custody issues and high emotions and extenuating circumstances. I doubt seriously if the Texas police even honor a court order from Colorado, or provide you any help without a court order from a Texas judge. Good luck with that tactic. You may end up with a restraining order if you don't keep it civil and in the best interest of your son.

The ex isn't going to roll over and just give you what you want, obviously, so best let the lawyers deal with it and keep the legal battle away from your child.

stinawords · Dec 31, 2013, 10:09 AM

It is possible that your criminal history will hinder you having your son full time. What I imagine you will get is some visitation though. It may start supervised it may not (though I wouldn't be surprised if it is ordered to be supervised). You said that you contacted someone about the support order. Was the support order issued out of Texas or Colorado? Because you guys live in two different states visitation will obviously require some travel time. The judge will decide if you have to go there, the dad brings the child to you, or if you guys meet somewhere in between.

olga godsy · Dec 31, 2013, 10:16 AM

Can I bring my son home after two years of being with his father in another state? We had a verbal agreement that after I had finished a medical and legal situation I would then go get our son. After the first year of medical treatment, I completed many months of legal matter incarcerated I was unable financially to speak with my son... and in that time there address changed. However his cell phone remained the same. I have been clear of all medical and legal situations that would keep me from financially taking care of my son. How would I go about finding out if he has filed anything in the state of Texas, and what rights do I have without a custody order to bring my son home to Colorado where he spent six years. Would it be illegal,(if and when) I am aware of his address to bring my son home?

ScottGem · Dec 31, 2013, 10:31 AM

You voluntarily gave custody to the father. You have no documentation that it was temporary.

I would NOT recommend taking the child until you get a court order awarding you custody. You will have to file for custody where the child lives now. If they refuse to give you the address, go to court for a warrant for parental kidnapping.

Please stop starting new threads for the same issue. I've merged your threads. Any follow up should be posted as a reply to this thread.

After reading the other posts, its still not who has legal custody. Which means the police won't help unless legal custody is established.

AK lawyer · Dec 31, 2013, 11:32 AM

... There is one father and no there is not a court order in place, although if he filed anything within the last two years, how can I find out? So I do file here in Colorado,that is good to know thank you ...

I don't think Colorado has jurisdiction under the UCCJEA. You would have to file in Texas.