Q: Does my ex husband have rights to my daughter after disappearing for 5 years?

A: Child support and visitation (parenting time) are unrelated issues in Colorado. As a general rule, lack of contact for a long period of time should not impact whether he should have contact with the child. That said, you can seek a modification of the joint custody in favor of primary (be aware this will likely be contested). If you think you might file for a modification make sure to include a motion for back child support (or just file for back support without the modification). Lastly, not paying child support is a serious violation in Colorado, but does NOT allow the other parent to prevent access for visitation. You may want to contact a family law attorney to discuss the details of your situation.

A: Unfortunately, he will always have "rights" regarding your daughter. His disappearing for 5 years is a significant factor and you should probably consult with a family law attorney regarding seeking a modification of parenting time. At this point, he is a complete stranger to her, or at least I would think, and just being handed over to him is highly problematic. If there are emergency issues, those can be discussed with an attorney as well, as you may be able to take a shot at getting a forthwith order regarding the parenting time. In terms of the child support, he owes, plus interest, which has accrued at the rate of 12% per year, compounded monthly on each payment. Again, an attorney should assess your situation and discuss potential options for collecting and enforcing the support. "Abandonment" really only applies in adoption situations. If you are remarried and your husband wants to adopt your child, you do state facts that would likely be a basis for meeting the statutory thresholds for adoption. He has clearly abandoned the child and his parenting time, which should be a factor in a modification proceeding.