Aurora, CO asked in Civil Litigation, Divorce, Family Law and Child Custody for Colorado

Q: Can i contact my wife about my kids with out repercussions of the law. There is nothing court that says no.

I havent seen my kidos in 2 years went to prison unrelated issue she took off with all my money and everything i owm amd went mia. I payed privite investagator to hunt her down no go. Amd i just found out where i can contact her at. But no address to have her served for custody paper work. Can i get in trouble for making contact with her to possibly see my daughters. Ive even contacted child support to start payment but they said they have nothing stating i can or have to. Im willing to do so ill do anything for them. I have proof that she took off from the state at one point also commited adultery in our marraige 3 weeks after the wedding and have text from her stating she only married me so she can take off with my money after i went to serve my time. I dont care about everything she took material or money just need to have my daughters in my life. Cam i contact amd possibly negotiate qith out getting in trouble with the law.

2 Lawyer Answers

A: If you your wife or children have a protection order against you, you cannot contact them (but an attorney can). If you do not have a restraining order there should be no reason why you cannot contact her.

You should be allowed visitation/custody of the children. How much and what type depends on too many factors to answer in this venue. You likely will have to pay child support (this will not occur until a judge orders support as part of a divorce and/or custody filing).

For divorce and custody matters Colorado does NOT consider fault. As a result, you criminal record (unless directed toward some or all of your family) is not considered. Similarly, the indiscretions of your wife are not considered. The one exception is the money matter would be considered for support calculations (but not in a fault-based manner).

It is highly recommended that you contact an attorney. You are going about the divorce/custody with the right intent, but you understandable lack of knowledge of Colorado family law is sending you in some wrong directions.

A: Are you under a restraining order preventing you from contacting her? If not, then there is nothing illegal about reaching out to her to discuss the children. If yes, then you could get in trouble.

If the kids have been in another state for more than 6 months and there has never been a case involving custody of them in Colorado, then you are going to need to file in that state. If you all are divorced (in Colorado ) and custody was an issue then you don't need to have her "personally served." Rather, you would need to mail her a copy of whatever motion you file with the court, to her last known address on file with the court and any current address, if any, you know she has.

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