Legal Question in Family Law in Colorado
My daughter and visitation
My child resides in Illinois, with her mother. I reside in Colorado. In 2004 a judgment for child support and visitation was set down granting me 6 weeks summer visitation for 3 years after that it increases to 8 week summer visitation. Every other year I get her for her birthdays (June 18th) the years, that I don't get her for her birthday I have Christmas visitation. I have not had a Christmas visitation since she was two. The mother just served me with papers for a hearing for this Monday, trying to reduce my visitation, down to three weeks citing, that my daughter shows a real aptitude for softball and may someday qualify for a scholarship and I am denying her this opportunity. I have already said that I would enroll her in softball out here during her visitation. She has five charges, filled against me, only one is valid, which is I have missed child support payments since September 2007. I was paying the child support directly to the mother per the court order, and lawyer's instructions. Last year I found out that she filled with the State of Illinois department of Child Services, that I had not been paying her. I have records showing payment, but the state claims that these can be considered fiduciary gifts.
1 Answer from Attorneys
Re: My daughter and visitation
I didn't find a stated question here, so I'm going to presume that the question is the unstated "what can I do about this mess?"
You will need to attend the hearing and explain to the Court why each thing she has requested should be denied.
In Colorado, child support is separate from parenting time. The fact that you are behind on child support cannot be used as a reason to reduce your parenting time.
If your Order required you to send the payment directly to her, and you have proof of having sent such payments, it shouldn't be too difficult to get the Court to agree that you have paid your child support. Ask the Court for this Order. With that Order, the state will have to leave you alone and accept that the payments have been made.
I would also strongly recommend that you see a family law attorney before the hearing.
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