Legal Question in Family Law in Colorado

Child custody/Abandonment
A man has 2 children by the same mother whom he divorced years ago. The mother was awarded custody but abandoned them with the father and had nothing to do with them for 5 years while this man was living in her home state. Due to this man's financial situation, he moved with the 2 children to another state where he could have more family support and a better environment for the children. For the past 3 years while he has lived out of the mother's home state, the mother has not attempted to contact her children in any way, even though this man was listed and easy to find in his parents' small town, making a total of approximately 8 years that she has had nothing to do with her children. The man's daughter needs surgery (elective) and the hospital needed the mother's signatures for this procedure. Against the man's better judgement, he went ahead and contacted the mother so that he could get her signature. Now the mother is wanting contact with the children and is not going to sign the papers and is threatening to put the man in jail for taking the children across state lines. Is there anything we can do to stop this and stop her from getting physical custody again and putting the kids back in a bad situation with her?

Asked on 11/07/08, 5:55 pm

Anthony Smith LawSmith

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Re: Child custody/Abandonment

Given the facts you have described, the father should Petition the Court for a change in the Custody order.

Good Luck

Answered on 11/11/08, 11:31 am

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