Legal Question in Family Law in Colorado

i filed a motion on a child custody case where the petitioner (biological mother) had gotten custody of her son. She had not seen him from the time he was 6 mos old until he was 3 yrs. old. The son was being raised with the paternal grandparents. The mother did not follow one directive in the permanent custody orders, kept the child for only 2 1/2 months and then gave him away to her boyfriends sister-in-law who still has him. The motion we just submitted was to change custody back to the grandparents. We cited everything that the mother did not do in the permanent orders, but we did not title the motion, "Motion to vacate permanent orders." can the judge vacate the permanent orders on the motion we filed (Modify custody or decision making), or should we amend that motion to be "Motion to vacate the permanent orders." If we do that would the child go back to the grandparents.


Asked on 4/11/16, 4:42 pm

1 Answer from Attorneys
Stephen Harkess Colorado Legal Solutions

The title of the motion is not important, but the judge is not going to vacate the permanent orders. What you are asking for is a modification of the permanent orders.

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Answered on 4/12/16, 6:38 am


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