Legal Question in Family Law in Colorado
I am in the middle of a parenting time battle. The judge set a temp for 60 days. When I went to get my child she denied me for the fri. and sat. visit because I didn't give 24 hours notice. Which I checked that isn't required. Then sunday the attorney for my ex was there and approuched me yelling about me being to stupid to know what the judge really said. All of this took place infront of not only the child I was going to pick for the visit but my other child who was sitting in the truck with me. What legal action can I take on all of this?
1 Answer from Attorneys
Please consult an attorney and take your documents with you. This answer could be dependent on the words used in the Order.
That said, I will answer assuming the Order does not require any prior notice, as you state in your question. You can file a motion with the Court to enforce parenting time, and explain to the Court that she denied you contact. Alternatively, you can file a Request for Clarification, asking the Judge to answer the question of whether any 24 hour notice period was ordered. The third alternative, which may be needed even with one of the other two, is to give her the 24 hour notice anyway. Depending on your jurisdiction, you may have trouble getting back in front of the Judge within 60 days, and so as a practical matter this may be your best option, though there is no reason it cannot be coupled with one of the other two.
If the attorney behaves unprofessionally and continues to do so, you may address this situation to the Colorado Attorney Regulation Counsel. I would advise you not to make a report there unless the behavior is truly atrocious, for practical reasons. The attorney will be notified and have a chance to respond. It is unlikely your ex will change attorneys, and your relationship with this attorney will severely deteriorate if you take this step. Consider it a last resort.
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