Legal Question in Family Law in Colorado

Re: Mother moving in with Biological Father

The intent of the following response is for informational, educational, and discussion purposes only. Reliable legal advice can only be given after a full consultation and discussion of all relevant facts and circumstances.

In Florida, Child Support is not effected by the custodial parent�s co-habitation. If the daughter is not his biological child, he may be able to have support modified on that basis. However, in the original support proceedings, he probably conceded paternity; since paternity was then ratified through a court order, it may be difficult to vacate that order. The fact that the child is now living with her actual biological father makes the issue interesting from a jurisprudence perspective. If you convince the biological father to adopt his daughter, you could get past the court order on paternity and thereby create justification for reducing child support.

Any modification would be sought in the jurisdiction that initially dealt with the case.

Another thought, though, is using the mother�s recent instability to get a modification of custody. It is difficult to get a change of custody, particularly when the existing custody arrangement has been in place for a considerable amount of time, and when the new custody arrangement will require the children to move across the country. However, the instability of the mother could provide a foundation for an argument that the change would be in the children�s best interest.

On a lighter note, it sounds like you�ve got the makings for a very profitable soup opera.