Colorado Child Custody Legal Questions

If you have a parenting plan, he cannot move out of state if it will significantly change your parenting time with the kids, unless you agree to the move or he gets a court order allowing the move (he would have to file a motion to relocate with the children). If he moves or tries to move without your consent or a court order, you would file for contempt of court (or at least threaten it). Hope this helps.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.... Read More

A notarized letter will not help. If there is a court ordered parenting plan, unless the other parent agrees to let you move, you will need to file a motion to relocate with minor child before you can move. As part of the case, you can ask the court to interview the child (which takes place outside the courtroom with the judge). It will depend on the judge if they will interview a 14 year old. If they will not, you also could get a child and family investigator appointed so the child's opinion can be heard (through the CFI). Removal cases are very complicated and you should speak with an attorney about your situation if you are going to try to move and the other parent is going to fight it. Hope this helps. You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.... Read More

It is certainly evidence that could be presented to a Court in support of this theory. However, it is unlikely that a Court would agree that a non - custodial parent should not be paying any money to the custodial parent to help support their child. You should consult with a local family law attorney in regards to this matter as soon as possible.... Read More

If there was never any court order authorizing your ex- any parenting rights, he really has none. You need to contact an attorney where you are living for assistance in filing a custody case there that can then be enforced in Colorado. If the child has been gone for more than 6 months, you might need to start a case in Colorado rather than where you are living, but you need the expertise of a good family law attorney who understands the Uniform Child Custody Jurisdiction Act.... Read More

Seeking help in your situation is a step in the right direction because CPS cases can be complicated and leave parents very vulnerable. Just based on the facts below, it appears that CPS is sending someone to investigate, perhaps? If I had a client in your situation, then I would advise the client to be cooperative and to contact the CPS employee to 1. show that you are willing to communicate with CPS and 2. to follow up on whether CPS plans to take any actions. Unfortunately, the less you are willing to be open to CPS and cooperative, the more likely it is that they will consider you a problem, whether you are or not.... Read More

If there is no current court case or order in effect, there is nothing to prevent a relocation. However, Colorado will remain the child's "home state" for purposes of any child custody actions that are filed before the child has been gone from Colorado for months. That means the father could still file for obtaining parental rights in Colorado and a Colorado judge would have the authority to make all relevant decisions, including the power to require the child be returned to Colorado. But, any decision will be based on the judge's view of what is best for the child.... Read More

If you have joint legal custody, you have the right to be involved in the major decisions involving your child. You should know and be part of decisions for school, medical care, etc. If your co-parent has sole legal custody, you still have the right to be informed of some basic information such as the school you child is attending, the condition of his health and any major medical problems. You may not have the right to have input on these decisions but that does not mean you should be left in the dark.... Read More

There is no simple answer to your question and it isn't clear who is telling you everything you describe. Obviously, one or more of the sources for what you have been told is probably wrong or totally confused, but without more facts (including why you want paternity testing anyway) it isn't possible to give a good answer. Clearly the mere fact that the child was born in Virginia is not enough to give VA jurisdiction over anything if no one lives there. If the putative father lives in South Carolina, only a South Carolina court can compel him to submit to paternity testing. That may involve a SC court issuing the order or it may only involve SC enforcing an order issued by another state, probably CO where the child is. Since you don't indicate what your relationship to the child is (if you live in SC and child lives in CO, something is missing from the essential facts) it isn't clear who can initiate a paternity case or where.... Read More

The answer to your question requires review of the court order that says you "have custody", if there is one, and Wisconsin law. If there is no court order and no Wisconsin statute, you can do whatever you please. It isn't clear why you think you might need "his" (whoever that is) consent, but only a lawyer in WI can tell what WI law requires. It is unlikely that there is any WI statute that applies to your situation if there is not a court order establishing each parent's rights and responsibilities, but only a WI lawyer can answer that for you.... Read More

You will need the permission of the Court to move your kids out of state.? File a motion for change of domicile showing how the move will improve the welfare of the children (do you have a good job lined up? Are there relatives who can help with child care or otherwise?)? Be prepared to bear the brunt of the cost of transporting the kids back for parenting time with dad and to change the parenting time order to allow for fewer but bigger chunks of parenting time with him.? You might be surprised he might actually spend more quality time with them when his contact is more limited and encourage email, phone, snail mail contact with him when the kids are with you.... Read More

You will need to consult an attorney in VA to determine what VA law requires as to a step-parent adoption. In Colorado, and most states, you cannot unilaterally terminate a parent's rights. It can only be done in connection with an adoption. A step-parent adoption in CO can be accomplished over the other parent's objection if the court is convinced by competent evidence that the parent failed to provide financial support or abandoned the child for 12 months preceding the petition to adopt, without just cause. Your apparent refusal to allow the father access and failure to pursue child support in order to prevent being forced to allow access might be an indication of just cause if the father now decides to challenge the adoption.... Read More

Whatever the reasons for taking the first child are the same for taking the second. You have to work very closely with social services and prove that you are a fit parent. You have to do every service offered, no matter the distance, etc. If you do not do what they say, your second will be adopted also. Time runs very quickly and if you are not doing the services, they can end after only 6 months or so, depending on your situation. Talk to your attorney and ensure that you have not missed anything and that you comply. Opinion only, not legal advice.... Read More