Asked in Family Law, Child Custody and Child Support for Colorado

Q: father has custody and dropped kids off and hasn't seen them in a year is that abandonment?

custody order made in 2012 only permitting me every other weekend and child support is taking half my check but children live with me not sure what motion to file.

2 Lawyer Answers

A: It sounds like you are looking for a modification of the existing custody order. If the children are living with you permanently for an extended period of time, you have more than reasonable grounds to seek (and gain) a modification. Assuming that you gain increased custody (which arguably has already happened) the child support payments should be reduced or eliminated (eliminated only if you have more than joint custody). Normally, there is a certain amount of give-and-take associated with a modification, but a year of de facto primary (or sole) custody gives you a pretty strong case in either an agreed or contested filing. Here is a link for the modifications: http://www.intotolegal.com/upcoming%20Events/Forms.html (look under the CO Courts link, then "Family Cases", then "Changing Court Orders". You may want to contact (and pay for) assistance with a family law attorney.

A: You need to file a motion to modify parenting time/primary residence. You also need to file a motion to modify child support, which should seek retroactive modification back to the day he dropped them off with you, pursuant to C.R.S. 14-10-122(5). You may be able to recoup some of the support you have paid over this last year but you're going to have to take over steps with the court to do it. If you have any hesitation about dealing with this on your own you should seek the help of a family law attorney. The sooner you act the sooner relief will come from the court.

John Hyland Barrett III agrees with this answer

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