Los Alamos, NM asked in Family Law for Colorado

Q: My son's mother is moving in with a girlfriend, with our 2-year old son. How can I make sure it's an appropriate home?

I live in New Mexico, my son's mother has lived in Denver for a year with our son. She has a daughter from a previous marriage, aged 16. She is going to be moving in with a coworker and girlfriend. Both me and her daughter's father (also New Mexico) are concerned that this will not be a good home environment and living situation. What can we do to have the situation monitored and put under scrutiny?

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2 Lawyer Answers
Stephen J. Plog
Stephen J. Plog
Answered
  • Denver, CO
  • Licensed in Colorado

A: The first thing that needs to be determined is whether the custody orders are from NM or CO. If NM, you need to post your question for an NM attorney to answer, as the laws differ from state to state. There is not necessarily some legal way to find out of the environment is safe. You could contact police to have them do a welfare check at the home. If you have specific safety or environmental concerns you are aware of you need to discuss those with a child custody attorney to assess whether anything can be done. More information is needed to give you any real guidance.

John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: This may depend on what the court order says. If the mother has residential custody, she can determine the living situation unless it poses some harm to the child. I don't see anything in your query that indicates what harm you are concerned with. You should retain an attorney to review your situation and advise you how to proceed.

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