Legal Question in Family Law in Colorado

visitation rights

I have 2 8-year old children by a previous marriage that I have custody of. I also have 1 10-month old child with my present wife. The custody order on the 2 children states that my ex-wife will get them for the whole summer break. She has not paid child support since this order went into effect and now she only wants to take the children for 2 weeks this summer. That would financially hurt my present wife and I, since we would have to pay for daycare for the remainder of the summer and the plane tickets for them to visit thier mother. We can not afford this. We had planned on sending the children to thier grnadmothers for the summer, since that is cheaper than daycare costs for all 3, and my ex-wife had first stated she wouldn't be taking the children. She also told us that she wouldn't know if she could take them until the last minute, which would mean higher airfare costs for us. Can we tell her that she has a week to decide her plans, or else we make others, or can we tell her that that is unacceptable and that the children are going to their grandmothers?


Asked on 4/11/00, 5:00 pm

1 Answer from Attorneys
Jack Harding Denver Center for Divorce Solutions

Re: visitation rights

You need to make some serious revisions in your separation agreement to deal with these issues in the future. For now, the strategy you describe may work. Depending on what the current separation agreement says, however, she may have some recourse.

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Answered on 5/02/00, 12:28 pm


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