Legal Question in Family Law in Colorado

Visitation

My son is US Army & due to return from his 2nd tour in Iraq soon. He has been gone since 05 Mar 05. During his 1st tour his wife of 3 yrs cleaned him out of everything & left him $5 in the bank & almost $30,000 in debt. She had numerous boyfriends. There is a 4 yr old daughter. The divorce was final end of Sep 04. He has 50/50 custody while they are in the same state. His ex remarried another soldier in my son's unit 04 Mar 05. My son told his ex that he wanted to see his daughter & spend time with her. He called her often while in Iraq but sometimes his ex would not let him speak with her. His ex told him she did not want the daughter spending alot of time with him or overnight & she would tell him when he could see his daughter. My son has orders to report to Korea by 10 August & is going to school in Virginia for 3 months prior.

He wants to spend as much time as possible with his daughter. If he takes his daughter & keeps her overnight & for a few days, is that kidnapping? Can he be arrested? His ex said her husband wants to spend time with the daughter & she will discuss visitation with my son but he could not see the daughter right away. What rights does my son have? There is no time for lawyers or court.


Asked on 2/07/06, 11:28 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Visitation

If your son by court order has 50/50 shared custody of the child with the mother while in Virginia he has a right to have the child with him 50% of the time and to share in making major decisions with respect to the child's life. This is more than the right of mere visitation and I find it difficult to envisage how a parent with these kinds of court-sanctioned rights could ever be charged with kidnapping.

Your son should ensure that his daughter's mother has full access to the child by telephone/Internet, etc. while she is in his custody.

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Answered on 2/08/06, 9:33 am


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