Denver, CO asked in Divorce for Colorado

Q: What do I do if my ex is constantly saying negative things about me to our kids.

My ex had said things like mommy had a boyfriend that's why she left ( not at all true), when the kids say things to him about not getting as much time with me, he makes it to seem that I chose not to be with them ( we have 50:50, only my time is during the week so the kids have school, my ex refused to take them during the week) so instead of fostering a positive spin on how the time is divided he tries to make the kids think I don't want to be with them. It's constantly something negative

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2 Lawyer Answers

A: An ex is prevented from making disparaging comments about the other spouse both by Colorado law and often in a separation/divorce decree. You can petition for a contempt charge against your ex, but you should be forewarned successful claims typically involve well documented and a long pattern of disparaging comments that would reasonably alienate the parent-child relationship.

A: First, you will have to be able to prove the ex is doing this, which is easier said than done. Often times this will necessitate the need for a child and family investigator, who can report to the court what the kids are saying. Otherwise, the kids' statements are hearsay and will not be heard by the court. If the ex is stupid enough to admit this behavior via email or text you may have some evidence to work with. If there are no orders in place regarding disparagement, most courts will grant a motion asking for such orders as a matter of course, as most courts do take one parent disparaging the other to the kids seriously. If there are orders, your options are either contempt of court or potential modification. Again, in these scenarios it will come down, in great part, to what you can prove.

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