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

Q: Can my ex give his parenting time to his new wife while deployed?

I have primary custody of our son. My ex recently got married right before his deployment and is now saying that he is giving his parenting time to his new wife. I was under the impression that when he deployed I had temporary full custody. Is he legally allowed to give his parenting time away?

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

A: He can request that. A fit parent is considered to be able to delegate his or her time. However, the delegation is not automatic. You can contest it as not being in the best interests of the children, if that is the case. He also would have to file with the court to modify the current plan if you do not agree to his proposal. However, you would have to file if you do not want to have the time delegated if he does not file.

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