Legal Question in Family Law in Colorado

child custody

My husband is trying to get physcial custody of his two boys, for the last 8 months we have had them for two weeks and then she has had them for two weeks. The current parenting plan that is in the courts says that he can have them every other weekend. She has had a baby, had brest cancer and got a divorce in the last two years so we havent wanted to drag her into court, now that she is better we want to change the parenting plan in the courts and she has decided to go back to the one that in the courts right now. We would like to have them during the school year, will the judge allow us to have them during the school year when he is gone for two weeks out of the month and let me have them? We just want what is be for the boys.


Asked on 8/05/08, 9:36 pm

1 Answer from Attorneys

Re: child custody

Parenting plans are always determined by the facts of the individual case, so it's impossible to say for sure on these facts. However, the mere fact that his job has him out of the house for 2 weeks out of the month does not mean that the Court can't be persuaded that he should be the primary residential parent (the one who has them during the school year).

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Answered on 8/06/08, 10:33 pm


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