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

Q: Do I have to release my children to my ex's mother while he is out of the country?

My ex informed me about a week before he was leaving the country that our children will be in the care of his girlfriends mother and his mother during his parenting time while he is out of the country. I convinced him to allow the boys to stay with me for some of the time but I would prefer that they stay with me until he is back in the country. Am I wrong in thinking the other parent should have the children when their ex is out of the country?

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

A: It depends on if you have a parenting plan and what it says. There is no law that governs who children stay with other than that a fit parent is presumed to be able to arrange for appropriate caregivers in his or her absence. You can try to negotiate an agreement that if the other parent is gone for a certain amount of time that the other parent will have a "right of first refusal" to parenting time. Or you could ask a court to require this.

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