Q: Joint custody/decision making to full after non-cust parent doesn't see child for 8 years? They are current on support.
How successful would I be in changing a joint decision making order from 8 years ago to a sole decision making, sole physical custody order when the father moved out of state and refuses to disclose phone number or address? He moved 3 months after initial court order. This was 8 years ago and child is 9 with special needs. He is current on support but has had zero contact with me or child. He is also always late paying by 2-3 weeks on support, so not sure if I can have his out of state wages garnished so I can count in his payments rather than worry this is the month they will stop coming. I cannot afford another $15k in court and lawyer fees to change this but worry about him trying to come back around some random day and confuse her or block me from traveling (not moving) out of the country by not allowing me to get a passport. I already have to make all decisions, so I feel it should be obvious. Could he win a counter and take her to his state?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Colorado
- (813) 592-5000
- View Profile
- Answered
A: If he has had nothing to do with child, refuses to provide phone number, address, or way to communicate, it seems that you would have a good shot at modifying decision-making to sole. Additionally, parenting time could also be modified. Not sure what you mean by "take her to his state" other than tied into parenting time. Until a child turns 18, the court always has jurisdiction to modify and he could take a shot at getting time reestablished. You should consult with a family law attorney to discuss your case in specifics.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
