Legal Question in Family Law in Colorado

Father requesting visitation when PRO in place

I have a permanent restraining order (PRO) against the father of my two youngest sons. The PRO has been in place for nearly 5 years. The father has contacted me a few times since the PRO became effective. The first two times I reported the violation and he went to jail for 6 months. He contacted me last night after two years of not hearing from him. He is begging me to let him see his sons, and be involved in their lives on a regular basis. I do not trust him at all. While he was not physically abusive to his sons, he was abusive to my oldest son and me. Additionally, he was almost always drunk and/or high while driving with the us (kids & I) in the car, and frequently was drinking a beer while driving. He claims he has been clean for over a year now. I am not sure how to proceed or if I should even ask the court to allow visitation. What legal actions should I consider? Thanks!


Asked on 11/13/07, 1:03 pm

1 Answer from Attorneys
Joseph T. Bernstein

Re: Father requesting visitation when PRO in place

First, if you do not want the father to contact you or the children, you should immediately contact the police whenever he contacts you, and report to the police that the father has violated the PRO. Second, you have no obligation to change or modify the PRO to allow the father to see his sons. If you would like to do this, as a gesture of kindness, you can certainly petition the court to modify the PRO and adopt a new parenting time plan for your children. However, based on what you said about the father, why would you want to do that? In short, the father should not be contacting you, and you have no obligation to speak with him, respond to him, or make any modifications to your parenting arrangement.

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Answered on 11/15/07, 4:57 pm


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