Asked in Family Law and Child Custody for Colorado

Q: How do I petition for full custody without a lawyer?

The father lives 4 hours away and in the 7 months since our son was born his father has visited a total of 9 hours. Our son lives with me 100% time. The father has a history of alcohol abuse and continues to drive without a license, which makes me doubt his ability to make rational decisions. He is also adamant that his girlfriend be a co parent, I have set up several meeting to get to know her all of which they have cancelled on, I know her in passing and from my experience she has a temper and picks fights with people.

What is the best course of action to take to file for sole custody? Im worried that if I file for 100 custody the father will lawyer up which im not sure I can afford to do. Even without a lawyer I have gotten a criminal record history of arrest made where a finger print was taken but I did not find his rap sheet of drunk driving incidences. I do want the father involved with his son, I just don't trust him to make good decisions just yet.

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

A: If you are wanting to file without a lawyer, you can get instructions and forms in the self help section of the state Judicial Branch website. If you are looking for an assessment of whether you will get "full custody," more information is needed. If by "full custody" you mean the child primarily living with you, based on the facts you've presented, it looks like you are in pretty good shape for that. Decision-making is a different story. If you do file a case the court is going to give him set parenting time, if he requests it. For a more thorough assessment you should consult with a child custody attorney.

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