Q: Im wanting sole custody of my kids, due to something in the home, how to go around that with not been paying payments?
A: Not sure what specifically you are asking as the latter part of your question may have a few words missing. To change primary residential custody you will need to file a motion to modify parenting time, which also needs to state one of the bases set forth in CRS 14-10-129 related to also changing primary residence. Generally to change primary residential custody you will either need to show there is physical or emotional danger in the other parent's home. If you are filing a brand new case, you would just file a custody case (allocation of parental responsibilities) and make your position and concerns known to the court throughout the process.
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