Q: Our divorce was final in Nov. 2014, my x husband left Colorado without notice in Nov. 2015, did not pay child support
for 6 months, state of Colorado retrieved it, he has not paid the last 6 months either. Can I get full custody of the children, as I have them totally and he hasn't participated in any visits, child support is behind, he doesn't call the children.
A:
Custody is expressly unrelated to visitation in Colorado.
You can pursue collections against your ex (which it appears you did). Failure to pay with state collections will result in sever penalties (i.e. loss of all bank accounts, tax refunds, and most state licensing).
You can also pursue a modification of the custody agreement and argue abandonment. This is a difficult claim to make because Colorado favors allowing both parents to have some contact with the children.
Contact a family law attorney on both matters for the details.
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