QUESTION
What are our chances of getting full custody in court?
Asked on Feb 05th, 2013 on Child Custody - Colorado
More details to this question:
My husband and I have had full custody of his 10 year-old son since we got married 3 years ago (per a homemade agreement signed, dated, and notarized). We live in a different state, although his son visits her on some school breaks when she decides to fly him out. She has not been active in his school/social life for years, and she doesn't help us financially, but now she has decided that she wants him to live with her. She is saying we are keeping him from her. She is allowed to call our house phone any day within reasonable hours (before his bedtime). And she is allowed to take him during any school break (which she does twice a year). She has a history of physical and mental abuse towards her son and my husband. Her current relationship is unstable and also abusive. We are afraid that if we take our case to court, the judge will give her more rights. He is happy with us and has let her know this. Despite having Asperger's, he has made huge strides in all areas. Can we win?
1 ANSWER
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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.
Answered on Feb 20th, 2013 at 1:06 AM