Q: Does an out of state court order hold any weight from 5 yrs ago? I was given primary custody and now my child wants to
Live with mom full time because he doesn't like my wife, and because his mom feeds him bad info with all kinds of stuff. Now he's saying as long as my wife lives here, he won't come over. He doesn't like living here, because we monitor and discipline him. His mom changed his school even though she technically never re-established custody or visitation after the order. My child is almost 16. She just recently started seeing him every other week, compared to a couple days here or there. Now she thinks she has all the control and makes all the decisions. Is it up to my minor child if he comes over or not? Am I entitled to anything at this point, at his age?
Thanks
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A: Before you can do anything in terms of enforcing your out of state orders you will need to register them here, in Colorado. If everyone is in Colorado you should have no issue getting things transferred here, for both enforcement and modification purposes. A 16 year old does not just get to call the shots or dictate schedule, etc. It sounds like the mother is in violation of the court orders regarding both parenting time and major decision making. More information is needed to fully assess your situation and you should consult with a family law attorney. Also, though 16 year olds do not call the shots, courts may be inclined to put significant weight on their wishes. Consulting with an attorney can help you assess what you should do, what likely outcomes you're looking at, etc.
A: The out of state court order is still valid. However, in order to enforce it, you will need to register it here in Colorado. The Colorado court will likely enforce the order unless there are sufficient reasons to change the order. The court will probably not want to let the child decide everything, but the court will probably think it is good for him to have contact w/ both parents. You should retain an attorney to further advise you.
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