Colorado Springs, CO asked in Child Custody for Colorado

Q: Can I obtained full custody of my 4yro son if I have no clue where the mother is & hasn't made contact in about a year.

I have had my son with me full time since July of last year. She disappeared in September of last year and has not try to contact me that I know of since then. We were never married. She has been in cedar springs two different times for attempted suicide. She is emotionally unstable and heavy drinker.

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Divorce Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: Colorado favors joint (or at least allowing some contact with the child(ren) by both parents). Based on your facts, you have a high probability of getting primary custody and requesting supervised visits with the mother. Sole custody is largely dependent on the actions of the mother. If she consents, the judge should grant your motion. If she requests some contact, the judge will allow contact (but will likely restrict the contact). In short, sole (full) custody is usually granted in Colorado in one of two situations: (1) one parent significantly and directly harmed the child (read: PROVEN sexual assault) or (2) the parent does not challenge a sole custody motion. Contact an attorney for details and a review of your specific situation.

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