Fort Morgan, CO asked in Family Law and Child Custody for Colorado

Q: My ex is going to rehab for drug addiction. He had informed me that while he's rehab for 30 days or more

that our children will be in care of his girlfriend. We have a parenting plan that's court ordered. What can I do to stop him from leaving our kids with his girlfriend

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

A: You need to file a motion with the court to temporarily modify the parenting time while he is in rehab and file it very soon. That is step one. Unless there is something in your orders addressing this kind of situation and allowing your ex to designate someone to "use" his parenting time when he cannot, she doesn't have any rights under the order. Even if she does have some rights under the order, she cannot prevent you from having your scheduled parenting time. You want to ask the court for the change before you do anything else.

If she refuses you your regularly scheduled parenting time, you are entitled to enforce your time and go get your children, with assistance from law enforcement if necessary.

Self-help measures may be looked down on by the court. It would be a very good idea to get help from an attorney, as these situations can get very messy very quickly. If it is handled badly, your choices could even come back and work against you in the future.

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