Q: Looking for advice as far as custody and my wife having legal guardianship?
I live in Colorado with my wife, daughter, and son for 5 years now while son's mother lives in Kansas.
Never went to court but mother left son with me after she left; mother did sign notarized papers requested by school before we moved from Kansas to enroll son specifying son's custody is with me.
I take my son to Kansas every chance we have to visit his mother and some summers he has stayed with mother for about a month until I get a call that she cant take care of him anymore.
A: From the sounds of it, you already have primary (and arguably sole) custody of the boy. What you are seeking is a legal document (from a judge/court) that affirms what is already occurring. I recommend that you petition for a custody hearing in Colorado. If you contact the mother before you file and try to remove any adversarial or judgment of the mother's inability to parent, you likely can petition for custody without unnecessary legal costs (lawyers) or bad feelings associated with a contested filing. If both parties can be adults and not get into petty arguments divorce/custody hearings are short (for a slow court system) and relatively painless process. You may want to contact a lawyer or your local courthouse has a self-help center. Be aware that Colorado favors joint (50-50) custody arrangements UNLESS (1) parties BOTH agree otherwise or (2) there is clear evidence that the "best interest" of the child is served by a primary/sole custody arrangement (usually due to past history a parenting of the child and/or events which cause a parent to be unsafe for the child). Finally, be aware that the mother may have to pay child support (this can usually be reduced or eliminated if the parties work together).
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