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What can I do when there is no custody order in place but my husband refuses to bring my son home or let me see him.

Colorado Springs, CO |

My husband and I are divorcing,I have had our son for over 2 years letting him visit his father on weekends,there is no custody order in place yet.My husband picked up our son May 30th and now is refusing to let me see him or pick him up.What can I do to bring my son home?

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Attorney answers 4


You need to file an Emergency Motion for the Court to enter an interim order for the determination of parenting time and parenting responsibilities. Without any written orders, the child is basically up for grabs and either party can do what they want. Once orders go in place, if a party violates the orders, they can be held in contempt of court or even be charged with a felony violation of a custody order. So, you need to act as fast as you can to get the court to issue written orders.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


You need to file pleadings with the court to establish your parenting rights, otherwise local law enforcement will typically not help you. As it stands right now both of you are presumed to have custody and be capable of making decisions for the child, including who the child stays with.

DISCLAIMER: This above communication is for general informational purposes only. It does NOT constitute legal advice and SHOULD NOT be used or relied upon as such. Moreover, the above communication does not create an attorney-client relationship between Boal Law Firm and/or Attorney Brian Boal and any other person or entity. Legal representation by Boal Law Firm and/or Attorney Brian Boal is available but shall be set forth specifically in a separate written fee agreement signed by the parties.


My colleagues are correct. If the divorce case is filed, then you need to seek emergency temporary orders from the court in which the case is filed. If no case is filed, it needs to be filed immediately. I think you will find a consult with a family law attorney in Colorado Springs will assist you immensely, even if you do not plan to retain counsel to represent you in the divorce case.


You can legally pick your child up from anyone other than his father. You and he have equal rights and you cannot take your child away from him without a court order.

You need to get temporary orders in place as soon as possible so that you have more than just a fight over possession. If possible, you should consult with an experienced family law attorney.

You can reach Harkess & Salter LLC at (303) 531-5380 or Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.

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