Flagler, CO Divorce Law Firms & Lawyers

Your question is a little rambling. If you are the biological father, you should go to court and get a court order giving you joint custody. If you are not the biological father, then, unless you have grounds to be the guardian, the mother can make any requirements she wants to let you see her son. She is giving you a gift in that case and you have no say.

Until there is a court order about parenting time, each parent has an equal right to parenting time and there is nothing to stop you from moving across the state. Venue (where you file) is proper where he resides or in whatever county he is served in. You can, however, file in any county and it would be up to him to object to that venue and try to have it moved. You probably are better off moving before filing, but I would need to know more about the facts of your case to give you a more definitive response as to whether that would benefit you legally and you also should consider the human factors and how it will affect your case and your relationship with him going forward as co-parents if you move the kids prior to filing for divorce and getting a court order regarding parenting time (given the age of the children, the facts you state and his involvement with the kids, it sounds like you have a pretty good case to be allowed to move across the state in any case). I offer a free 15 minute initial consultation if you have further questions. I hope this helps. 

Yes, you can go on vacation. You technically can't move out of Idaho without his permission, but even that is somewhat sketchy until the divorce action is filed.