Legal Question in Family Law in Colorado
My daughter just left her husband and wants to file for a divorce. She and her husband have 2 young sons (10 and 5) and she is pregnant with her 3rd child. She moved in with me, her mom. At the moment we are sharing a large 1 bedroom townhouse. She wants to get primary responsibility of the 5 year old as the 10 year old wants to stay with his dad and grandma. First, Is sharing a room an issue and how should she go about getting the 5 year old and keeping him full time with visitation with his father?
1 Answer from Attorneys
Sharing a room will only be an issue if the father argues that it is an issue. The best way to work out a plan for custody and parenting time is for the parents to talk to each other. If they can reach an agreement, then their agreed plan is likely to be approved by the court.
If she cannot reach an agreement with her husband, then your daughter needs to make sure that she is represented by an experienced attorney. She will have to show the court that the arrangement she is seeking is in the best interests of the children and the arrangement the father is proposing is not.
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