Can my ex give temporary custody of our daughter to her mom without my consent?

Asked on November 9, 2011 under Family Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, the biological parent has the primary right to custody of a child and that right can not be violated unless a court orders it or the parent waives it.  When you say "ex" do you mean ex wife?  Was there an agreement as to custody in the divorce?  Or is it ex girlfriend and then is there an agreement or order of custody by the court?  Look to the agreement first to see if it addresses the matter.  Then discuss with your attorney the proper way to proceed so that your ex knows you mean business. You may need to modify any agreement already in place to make it clearer. Good luck.

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