Longmont, CO asked in Family Law for Colorado

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.

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1 Lawyer Answer
Rebecca Pescador
Rebecca Pescador
  • Westminster, CO
  • Licensed in Colorado

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.

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