Denver, CO asked in Child Custody and Child Support for Colorado

Q: Can the father of my child file for child support so he can get partial custody?

I have had full custody of my daughterr for 6 months and there is no court order because he has had warrants and and a felon on his background so he does not want to take me to court

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

A: Yes, a petition for custody by either parent will result in some parenting plan (i.e. visitation) and support obligations being created for the child. Colorado generally favors joint (50-50%) custody and generally does not consider prior criminal history of either parent unless there are health and safety concerns directly related to the child (e.g. drug abuse/sale and/or sexual assault of children).

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Answered
  • Divorce Lawyer
  • Greenwood Village, CO
  • Licensed in Colorado

A: The father can file a case for custody (parental responsibilities). Child support could certainly be part of that case. Given that the child lives with you, he would be foolish to file a case for child support and he would not get child support. Him filing a child support case has nothing to do with him being able to get custody. You really should get custody orders in place to protect yourself, as without them either party technically has equal right to a child.

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