Q: Can I keep my son?
Was divorced in 2014 my son stays with ex our daughters stays with me. Divorce took place in Colorado. We have joint decision making which has never went well. I still reside in Colorado my ex now resides in Texas with son. My son who is 15yrs old is now visiting for the summer and does not want to return to Texas due to the living conditions and physical and verbal abuse. I have filed for a motion to modify parental responsibilities. I am due to return my son on the 26th. Is there a way I can keep him here temporarily until judge makes a decision on motion or do I have to return him to my ex? My ex is not his biological father, though no testing has been performed.
A: Contact a family law lawyer. I leave the choice to you on whether you want to not follow the parenting plan (i.e. keep the child until adjudication is complete). For your general information, a parent may violate a parenting plan if there is a reasonable belief that the child's health and safety is at risk. Be aware that if you choose to keep the child the father can seek court action to compel you to transfer the child. Where he will do this is another matter...
A: You can file a motion to change custody of your son, pursuant to CRS 14-10-129. The standard to change primary residence is generally going to either be physical danger or significant emotional impairment affecting the child's development. If there is physical and verbal abuse which you can prove, you may be able to prevail. In the short term, if you can demonstrate the abuse to the court, you can file a Motion to Restrict Parenting Time pursuant to CRS 14-10-129(4) based on "imminent danger" to the child should he be returned to his father. When such a motion is filed, and presuming the court initially shares your concerns, he would stay here until there is a hearing, which must take place within 2 weeks of you filing. You should consult with a family law attorney regarding your facts and circumstances and how to file either motion. Again, you will need to be able to back up your allegations. If you do nothing and just keep your son here you can get in trouble.
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