Q: looking for answers on what i can and cannot do family court wise without an id (underage parent)
father lives seperate. fathers mother has threatened to take son. father barely sees son. father is emotionally and verbally abusive to me. father was barely involved even when living full time with son.
A:
An underage parent needs a parent/legal guardian to join in the case with them for an allocation of parental responsibilities (APR) case to determine parenting time and decision making. The only exception would be if the underage parent was determined to be emancipated.
The underage parent's lack of an ID should not be an issue in the family court.
In the APR court, there will be the opportunity for both parents to present their request for what the parenting time should look like and their reasoning for it. Father's mother may not have standing in the court if father is not underage, though under some circumstances she might be able to intervene.
Colorado courts start with the position that, all else being equal, the best thing for the child is roughly equal parenting time with both parents and for both parents to share major decision making. Abuse in a relationship can be a factor considered by the court in deciding the parenting time and in deciding whether one parent should have sole decision making for major decisions (think choosing pediatrician, choosing school, choosing extracurricular activities, and whether and what religious training the child might receive). If you reported it or have witnesses, that will help. If you just have your word, it will depend on all the evidence presented and how the judge sees it. Unfortunately, abuse is often claimed as a tactic, so judge's often want something more than just the victim's testimony to persuade them that it happened.
You should find a family law attorney to help you get an APR order in place. The sooner you have that, the sooner you can reduce conflict with the father and his mother.
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.