Colorado Child Custody Legal Questions

I am assuming you have court orders regarding parenting responsibilities already in place (i.e., a parenting plan). If so, to move, you will need to file a motion to relocate with minor children. A relocation generally is an uphill fight, especially if the other party has substantial amounts of parenting time (and, with some judges, it is almost certain to be denied). The courts look at 21 different factors in deciding whether the move is in the best interests of the children, including balancing your constitutional right to travel and his constitutional right to parent the children. It is almost always a tough fight since there is rarely any middle ground. If you are serious about wanting to relocate, it would be a good idea to discuss the facts of your case with an attorney before you file your motion, so you make the right argument from the start. I hope this helps.... Read More

Your question and your details are confusing. If dismissal is appropriate, it appears that would apply only to the GA case because there is nothing filed yet in CO to be dismissed. The facts you relate don't appear to support dismissal in GA, but you need to rely on the GA attorney to handle that issue. Since it appears the mother and child have been gone for more than 6 months it doesn't appear CO would have jurisdiction under UCCJEA because nothing was filed in CO before the 6 month ran out. CO also may not have jurisdiction even for the divorce unless you are a legal resident of Colorado; most active duty military are NOT legal residents unless your LES shows you are paying CO state income tax. It would be best for your GA lawyer to talk to an attorney in CO to determine what can/needs to be done.... Read More

If there are no court orders in effect that allocate parental responsibilities and establish specific parenting time rights, there is nothing to prevent you from moving to wherever you want, whenever you want. However, if the father doesn't like your decision he can begin a court action to establish specific rights and that will be possible in Colorado even if you are gone. Depending on the actual history of the child's relationship with the child and all the relevant facts, the Colorado court could legally require you to return the child to Colorado. You need to think seriously about what is best for the child and try to get things resolved in court before you move because it will be much easier to do it now rather than later. You should consult a lawyer to learn more about your options and reasonable expectations.... Read More

Based on the limited facts and her lack of involvement in the child's life, it is likely that the court would order that the child remain with you. One BIG issue is that without a court order, she does not have to return the child to you when he visits her, as the parents have an equal right to parenting time absent a court order otherwise. You should consider filing a petition for allocation of parental responsibilities, which determines parenting time, decision making and child support. The mother will likely get some parenting time - how much will depend on many factors. I offer a free consultation if you would like to discuss this furher. I hope this helps. ... Read More

It appears that there has never been any judicial determination of custody rights and that the split custody arrangement of the past 11 years in a totally voluntary arrangement. That means that your only option for regaining custody of your son is to start a custody case in FL and hope to convince a FL just that it is in your son's best interest to return to your home after 11 years.... Read More

In Colorado the reasonable cost of child care to permit either or both parents to pursue employment is shared by both parents in proportion to their respective incomes and is included in the determination of each parents specific financial obligation when the child support order is entered.... Read More

You can terminate child support automatically only when the child turns 19, marries, or joins the armed forces. Termination for ANY other reason requires a court order from the court that ordered child support in the first place. Under the situation you describe you will have to demonstrate to the court that the child is financially independent and self-supporting. You may be able to switch things so that the support goes directly to the child, but unless she is self-sufficient you will still have to pay someone who is providing for her support.... Read More

It may give you that authority. Is there a mother in this case? She may have rights as well. The law providing for this kind of temporary custody is new, and has not been much tested in appellate courts, so I can't tell you for sure. Consult a family lawyer, and expect to pay him or her for the time to research the statute, the legislative history, and any appeals court opinions which may have been published.... Read More

He needs to file a case immediately to get custody of the baby. Talk with an attorney about the steps to take. The attorney will know what to do to establish the fitness of the mother. Given your brother's issues, you may want to consider filing for guardianship of the baby until it is clear that your brother is able to raise the child.... Read More

Probably not, but that is question of Alabama law (assuming the current order was entered in Alabama). What is essential is that you and your ex- have whatever you agree to approved by the court so that there isn't a debate in the future. Relocation that will change the amount of time the child spends with each parent necessarily requires an adjustment in scheduled parenting time, but not necessarily a change in the legal custody status.... Read More