Legal Question in Family Law in Colorado

I am relocating with my son out of the country to Japan. We have already been granted permission to relocate following mediation with my son's father. An MOU was accepted by the court and an integration and visitation calendar was put into place to reintegrate my son's father into his life so that when we return for visits he could exercise his parenting time unsupervised. Back story is that he has drug dependancies and has only had supervised visitation every other weekend since we separated in 2014. Since April 4th 2016, when the MOU was created, my ex has not followed any of the agreed upon integration steps to gain unsupervised visitation so he continues to have only supervised visitation every other weekend. My concern is that when we leave he will still not have followed our MOU and then I am legally obligated to allow him unsupervised parenting time when we return for visits. He also has not paid child support for the past 7 months. What legal steps can I take to safeguard my son so that unsupervised visitation doesn't take place if he hasn't followed the MOU. Do I file for him to be found in contempt or is there a protocol to follow so that his actions, or lack of, are at least in our case before we leave the country.


Asked on 7/28/16, 12:17 pm

1 Answer from Attorneys
Stephen Harkess Colorado Legal Solutions

You should review your current orders with an attorney. If the orders automatically transition to unsupervised visitation regardless of whether the prior steps have been completed successfully then you will need to file a motion to modify the order if unsupervised visitation is not appropriate. Child support is an entirely separate matter that can be addressed with the help of Child Support Enforcement or by taking other actions to garnish his wages or bank accounts or otherwise enforce payment. Child support has no bearing on the parenting time schedule.

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Answered on 7/28/16, 12:50 pm


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