Colorado Springs, CO asked in Child Custody for Colorado

Q: Child custody question!

My ex husband and I currently have 50/50 custody. I drop my son off every week at the court appointed place. The agreement is between just my ex and I. His parents pick up and drop off my son every single week. My son also lives with his grandparents and not his father. Do I legally have to leave my son with them? Also, my ex did not complete the court ordered parting class. What can I do about that?

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2 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Divorce Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: For the parenting class (and assuming the class was part of the permanent order), you can seek court-enforcement of the order.

For the drop-off/living arrangement, there is no clear answer. Technically, what a parent chooses to do with the parenting time (within limits of child safety) is usually not subject to court review. In other words, if the father wants the grandparents to be with the child this is not usually an issue for the courts.That said, general non-participation by a parent with other factors may be grounds for seeking a modification. Be forewarned if you do choose to go the modification route the grandparents can file into the case (as an intervener) to seek visitation.

If you are not pleased with the current arrangement, contact (and likely pay for) a family law attorney to review the specifics of your situation and provide recommendations.

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Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: Under a Colorado case called DePalma, he has the legal right to determine who watches/picks up his child during his parenting time. However, if he's truly not spending the time with you son, particularly with 50/50, you might consider modifying the orders. His not talking the parenting class is likely irrelevant, unless you are still pre-final orders. If so, raise the issue with the court.

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