Under Colorado law, an unmarried father listed on a birth certificate does not automatically have the legal right to leave the state with an infant without the mother’s consent or a court order. This issue depends on whether legal proceedings regarding parental responsibilities have been initiated and whether a mandatory injunction is in place.

If a legal proceeding concerning the allocation of parental responsibilities—such as dissolution, legal separation, or a post-decree motion—has been initiated, Colorado law imposes an automatic temporary injunction. Under C.R.S. 14-10-107(4)(b), this injunction becomes effective when a petition is filed and a summons is issued, restraining both parents from removing the child from the state without the other parent’s consent or court authorization. Similarly, C.R.S. 14-10-123 establishes comparable restrictions in cases involving the allocation of parental responsibilities, ensuring neither parent can unilaterally relocate the child out of state once proceedings have commenced. Therefore, if such legal proceedings are underway and the injunction is in effect, the father is prohibited from leaving Colorado with the child without the mother’s consent or judicial approval.

Colorado case law further underscores this principle. In People ex rel N.G.G., 2020 COA 6, the court emphasized that parental relocation decisions must prioritize the child’s best interests at the time of the proposed move. Any out-of-state relocation requires either the other parent’s consent or a court order. Similarly, in Breene v. Breene, 51 Colo. 342, the court required the return of a child taken out of state without the mother’s consent, reinforcing the legal obligation to obtain either consent or judicial authorization prior to relocating a child. These cases highlight the significant legal consequences of unilateral actions that contravene established parental rights.

In situations where no legal proceedings have been initiated, the statutory automatic injunctions under C.R.S. 14-10-107 and C.R.S. 14-10-123 do not apply. In such cases, there is no explicit statutory restriction preventing the father from leaving the state with the child. However, doing so may expose the father to legal challenges, such as emergency orders or allegations of parental kidnapping under C.R.S. 18-3-304 if the action interferes with the mother’s custodial rights.

So, if legal proceedings have been initiated, the father is legally restrained from leaving the state with the child without the mother’s consent or a court order. On the other hand, in the absence of any pending proceedings or injunctions, no automatic statutory restriction applies, though the father may still face significant legal risks. (Finally be very careful when relying on the mother's consent and not a court order; a court order is preferable and at the very least the mother's consent should be in writing and detailed.) The safest course of action is to secure either the mother’s consent or a court order before relocating with the child. Contact our family law attorneys to schedule a case assessment. Read our article about on winning your relocation custody case.