Legal Question in Family Law in Colorado

I am a non-custodial parent that lives in Colorado. I Flew to the mothers state (first week of December 2012) and picked up my son (2years old in April 2013) for the first time ever. My visitation as stated in our order, was only supposed to be for 2 weeks. When the time came for his mother to fly to CO (as stated in order) and pick him up she said she could not make it until the first week of January. When the first week of January came and it was time for her to pick him up again, I received a text message stating that she could not make it again because she had gotten arrested because "her car got stolen." It is now Almost April 2013(five months after sons arrival) and she continues to state she�s trying to find a way to come get him but nothing ever has occurred, nor does it sound like it�s going to. Do I have any rights to my son or can I do something about gaining custody? I have searched the internet and there is nothing stating anything about Non-Custodial parents, only information regarding Custodial parents. Any help would be greatly appreciated!


Asked on 3/19/13, 10:55 am

1 Answer from Attorneys
Dave Rich Flatiron Legal Advisors, LLC

You definitely have rights. The tricky part is where to enforce your rights. If the original order was entered in Colorado, you can file to modify parenting time here. As well, once the child has been residing in Colorado for more than 6 months (i.e., until May), you can try to get Colorado take over jurisdiction and try to get Colorado to be able to modify the orders, but this is very hard to do (the other state has to give up jurisdiction and they rarely do).

If neither of you live in the state where the orders were entered, then once the child has been here for 6 months, Colorado can assume jurisdiction and you can move to modify the orders here.

Custodial and non-custodial don't matter (at least in Colorado courts) - what matters is best interests of the child and it sounds like the child's interests may be best served being with you.

You should consult with an attorney, as there are VERY complicated issues involved here and timing and strategy are very important. I hope this helps.

Read more
Answered on 3/19/13, 11:19 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Colorado