Q: Can I file for full custody if I don't know were ex is? What is the process to change/modify existing orders?
Ex has not seen or spoken to kids in 7 years, over $60,000 behind CS, never sent anything to kids and left CO years ago. He was supposed to go back to court to have 50% cust. after completing certain task, but never did. I have made every decision and full care/support for our kids since the divorce years ago. Since I have taken 100% care, support, plus all the decisions for the kids, I want to change court orders to reflect this. Is that possible to do? I have had no contact w/ ex or know his address. He moved out of state years ago as well. He hasn't sent anything for our kids in all these years. He has basically abandoned them. Is filing paperwork easy without a lawyer or is it recommend that a lawyer help draft papers? Or where do I even begin?
A: You can ask the court to grant you sole decision making and parenting time(custody). This needs to be by filing a motion to modify the existing orders. You should get a lawyer to help you with this.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Colorado
- (719) 344-5523
- View Profile
- Answered
A: I agree with the last answer. You can file a motion to modify based on existing circumstances and his lack of participation. If you do not know where he is, child support enforcement has locator services. It is possible to serve notice by publication upon court approval, though you have to show diligent attempts to locate him. Contacting child support enforcement would be the first step.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
