Legal Question in Family Law in Colorado
Spouse changed visitation schedule without court
We were divorced in Indiana and the X moved to another state. The divorce decree specifies I will have my children every 3 months for 3 weeks. since I am located in another state this is my only time with my children. The X has changed the visitation schedule (herself) due to a change in the children's school schedule. She is now taking me back to court for more child support and has indicated she intends to change the visitation schedule to reflect the changes she has already made up herself. Will the court be favorable to me with the original visitation schedule? It may need to be altered due to school, but shouldn't the time be made up in the summer months? Will I need an attorney from Colorado to represent me since this is where they reside? How often can she take me back to court to up her child support?
1 Answer from Attorneys
Re: Spouse changed visitation schedule without court
This is a complicated issue since the divorce decree we are talking about was issued in Indiana and your Ex is attempting to modify that decree in Colorado. If am understanding you correctly, you continue to reside in Indiana and your Ex and the children currently reside in Colorado. This raises some complicated jurisdictional issues. If my understanding of the facts is correct, Colorado may not have jurisdiction to modify the parenting time schedule issued by the Indiana court. Jurisdictional issues are extremely complex and I cannot fully address these issues in this e-mail. I would strongly suggest that you contact a Colorado family law attorney with respect to this matter. THIS INFORMATION SHOULD NOT BE RELIED UPON AS LEGAL ADVICE.