Legal Question in Family Law in Colorado
getting custody after kids were taken away
I had a drug problem and Custody of My children was given to my sister and my kids fathers grandparents.I am sober and been getting help for almost a year now, going through therapy and parenting classes.Im back in school and trying to get my life back on track.How do I go about getting� custody of them back or visitation if custody isnt an option?
1 Answer from Attorneys
Re: getting custody after kids were taken away
The first thing to know is whether your parental rights were terminated. If they were, the only thing you can do is try to convince those with your children to let you have contact with the children again.
However, from the way you wrote, I am going to presume that you only lost custody, not your parental rights. In that instance, you need to file a motion with the Court. I highly recommend that you attach copies of your certificates of completion of the parenting classes (and/or letters from the instructors that indicate you have been attending and when each class is expected to complete) and a letter from your therapist. This will go a long way toward convincing the Court that you are ready for contact with the children again. It would also be helpful to offer some evidence of being sober.
I would suggest that you start off asking the Court for a regular visitation time. Indicate to the Court that you want to start with a small amount of visitation and work your way up, with a goal of ultimately being reunited with your children. By asking for a ramp up, you show the Court that you acknowledge that your children have needs as well, and that it is reasonable for you yourself to ease back into the situation as well, so that you do not overwhelm yourself and inadvertantly fall back into the hole you have worked so hard to get out of.
I commend you for the hard work you have put it. I wish you all the best. If you need some assistance with this, feel free to contact me.