Legal Question in Family Law in Colorado

father's rights

Does the father have any rights to the

children if he hasn't seen them, by

choice, for almost 3 years and hasn't

paid child support in 2?


Asked on 6/11/08, 12:42 am

1 Answer from Attorneys

Re: father's rights

That is a very tricky question. Since you are posting the question, I'm guessing the mother is not agreeable to you resuming contact. You can go to Court and ask for your parenting time. The Court will slam you for paying no child support, especially if there is a child support order in place. If there is an order already, expect the Court to start getting rough with enforcement and include an amount to start paying arrears. The good news there is that child support and parenting time are separate issues, at least to the extent that you cannot be denied parenting time merely for failing to pay child support. There is at least a chance that the Court will give you parenting time again (I have helped 2 men in such a situation resume contact). However, understand that you will almost certainly start off with limited supervised parenting time. This is for the children's sake, so they have a chance to get to know you again. When the Court does order parenting time in these situations, it generally starts off with a few hours once or twice a week supervised for 6-8 weeks, then increases to longer supervised visits for a few weeks, then goes to a few hours unsupervised once or twice a week for a few weeks, then 1 overnight a week for a few weeks, then starts looking at a more typical parenting time situation. If the child lives far away from you, you will have to go to the child initially. If there is someone everyone can agree to that the child knows to supervise the visitation, you might not have to pay a professional organization for their services.

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Answered on 6/20/08, 7:15 pm


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