Erie, CO asked in Child Custody and Family Law for Colorado

Q: What are my rights for making decisions for my 2 kids when we are legally married still but living separate?

Wife and I have been separated for 1 year. Our kids are 10 and 12 and we switch off having them every other week, and live in separate places. We have not filed for divorce yet. She met someone recently.

5 days ago, she introduced me a guy . She introduced him as a friend that had offered to help pickup some items from my house.

The next day she informed me she has been seeing him for 6 weeks, and then today said her intentions are to move in with him (and my boys on her scheduled weeks) when her apartment lease ends next month.

I honestly want her to be happy. My main concern is that is a lot to process our kids, especially at this age. I have asked her to slowly introduce him to the boys so they can get acclimated to the change. She said I have no say in what she does with the boys on her weeks...and plans on taking our kids to his house every night on her weeks until she moves there. I have suggested a family counselor, but not sure if that is all I can do?

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1 Lawyer Answer
John Hyland Barrett III
John Hyland Barrett III
Answered
  • Divorce Lawyer
  • Louisville, CO
  • Licensed in Colorado

A: Until a divorce is filed, each party can do what they want with the children. Upon filing a divorce, the court can enter parenting plan orders. However, the court is not likely to control the children's contacts with the parties' significant others.

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