Denver, CO asked in Child Custody for Colorado

Q: Can I potentially fight for more custody given what was in the CFI report ?

filed an allocation or parental responsibility case in 2019 I was offering 50/50. The other party has had an attorney and a year later he decided he wanted to request a cfi under false accusations and to slander me. During the investigation i took a hair follicle test as the other party was claiming I had substance abuse issues. And all these other things based off my criminal background. It of course came back clean. There was no findings in the report that I had this issue and no findings that I was an unfit parent. I have some very concerning issues with the CFI report regarding the father. He took a hair follicle test (I had hard evidence of his drug use) and he failed it for cocaine. He tried to lie and say it was basically second hand exposure which I've been informed by a testing site that this is impossible. There was also a witness that came forward(with other people confirming this)... I don't know these persons but it was stated he would constantly talk about women and putti

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2 Lawyer Answers
Paul Morgan Gaide
Paul Morgan Gaide
Answered
  • Divorce Lawyer
  • Fort Collins, CO
  • Licensed in Colorado

A: Dear Denver:

You can use the CFI report to support your positions. The critical point which the Court will be seeking to determine is whether the conduct of either party negatively impacts the child(ren) at issue, and if so, how to best deal with such conduct.

Paul M. Gaide, Esquire

1 user found this answer helpful

Sabra M. Janko
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Answered
  • Divorce Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: You can file for a modification in the best interests of the child, however there is a two-year time limit on filing to change the majority-time parent. The first order does. not count towards this two-year time limit.

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