Legal Question in Family Law in Colorado
Does the law always favor the mother?
If a good father is trying to get joint custody, what is the first step he should take? He has paid child support from the begining but is now being told by the mother that if he doesn't pay more, then she won't let him see their son. What should be done? There was no marriage and no standing order for child support or custody.
1 Answer from Attorneys
Re: Does the law always favor the mother?
The first step would be to file an Allocation of Parental Responsibilities action, which is a request for the court to determine issues related to the child. If the parties can't come to an agreement, the Judge will decide the case and enter orders regarding parenting time and child support.
It's a good idea to get this action filed as soon as possible, because the mother is incorrect when she says she won't let the father see the child unless he pays more child support. Parenting time and child support are independent issues - she can't condition visitation on the amount of child support he pays. And, having written orders is always a good idea, because then later the parties can be held accountable if they don't comply.
Hope this helps, and best of luck to you!
Christine C. Nierenz, Esq.
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