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.


Asked on 4/17/08, 11:42 pm

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.

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Answered on 4/18/08, 11:59 am


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