Legal Question in Family Law in Colorado
gaining my son
I was wondering a few things. First
my ex was arrested twice last year
for duis. He was put on house arrest
and lost his drivers license for 18
months. I said I would agree to
supervised visitation twice a month
which means I do all the driving. He
has had 3 car wrecks, been thru 5
jobs and is sporadic in parenting. I
have taken care of my son medical
needs, school need and have
maintained the same job for 8 years.
I am now asking the court for full
custody, decision making ability and
to move out of state to have an
opportunity for my son my new child
and my husband. Do you think a
judge might agree with this? I just
hope the judge sees i need to move
on and so doesn't my family and my
ex isn't helping this situation.
1 Answer from Attorneys
Re: gaining my son
You're asking a question which is entirely a matter of opinion as to whether the Judge will grant you what you're asking for. However, the Court does consider the involvement each parent has had in the child's life, why the one parent wants to move, why the other parent objects, what the child has here (school, friends, community, activities, family), what the child will have where you're moving to, and what is in the best interests of the child.
You will want to be very clear to the Court what advantages you will be gaining by moving. Is it a better job, and if so, why can't you get something similar here? Will you be closer to extended family? Is there a particularly good school or activity available where you're moving? Do you have more support there than here (family or friends who would help you)? Are you prepared to work on transportation issues for the child to visit the father? It is unlikely that the Court will order no parenting time for the father.
These are all considerations. Good luck to you and your family.