Littleton, CO asked in Child Custody, Child Support and Family Law for Colorado

Q: Joint custody. Have problem with ex not paying child support. Ex Also has a problem with drug & drinking around kid

I'm a father that is petitioner of permanent orders custody and has a lot of evidence with pictures on ex wife and her boyfriend being with drugs and alcohol around the kids. One of his kids that is 16 has a weed pipe, wrappers and a box full of stuff in it just laying around the sharing room with my kids. Ex room has the same with more Items in it like drugs, alcohol and illegal firearm. She smokes and drinks around my kids at home and in car driving with a no drivers license. Also the child support is not being paid every few months when she always gets a new job.. I want to know is it worth going to modify full custody for my kids. I am the only parent who does everything for them, schools, doctors, homework, spending good quality time with, etc.... Another thing that's hard also is she lives 2hr away in Greeley, Co and I'm in Littleton, Co.

1 Lawyer Answer
Stephen J. Plog
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Answered
  • Divorce Lawyer
  • Tampa, FL
  • Licensed in Colorado

A: If there are orders in place regarding child support that she is disregarding, you have various remedies available, including garnishment, entry of a support judgment, contempt of court, and more. As ties into the parenting time, realistically, you need to consult with an attorney to assess your situation, in detail. If drugs, alcohol, and guns are at hand these are certainly things that would cause a court concern and may warrant modification. Not sure what you mean by "full custody," whether you are talking about parenting time, or decision making, or both? Again, you need to consult with an attorney. More information is needed and your situation deserves more attention than can be accomplished in an online forum like this.

John Hyland Barrett III agrees with this answer

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