Q: Can we be in contempt if 18 y/o daughter refuses to go to her birth mom's house for one of her parenting time nights?
My recently turned 18 year old step daughter wants to spend one more day per week with her dad and I instead of with her birth mom. There are no mentions in the separation agreement about what age the children will no longer be subject to the parenting plan. Local attorney says we're fine letting her decide at 18. Looking for 2nd & 3rd opinions, as said attorney will be on maternity leave if this goes anywhere. A recent CFI report determined that stepdaughter is sufficiently mature to make decisions about parenting time and that it could be detrimental to her mental health to continue to be told she has to go to mother's house when she doesn't want to. Unfortunately, shortly after this report came out, her mother dropped the motion to modify parenting time that was connected to the CFI, and parenting time didn't change. The 18 year old is now refusing to go to mother's house on that one night. Can my husband can be held in contempt if we allow her to stay here?
A:
You ask an excellent question and I suspect that a Google search on the issue has produced many conflicting results. Kudos to you for reaching out for professional advice.
As concerns your question, let me first say that no practicing attorney knows the answer for certain. That is because judges are the ones who write and issue the decisions on cases and make the final determinations.
That said, your stepdaughter is 18 and she is an adult in the State of Colorado. As an adult, she is generally free to stay wherever she would like and where she is also welcome (meaning to say she can't stay at someone's home where she is not welcome).
In my experience, Colorado Judicial Officers (judges, magistrates, etc.) would likely hold that the parenting plan as it concerns where she stays for a given overnight is inapplicable (lack of jurisdiction) because she is an adult. This would likely be brought up in a Motion Regarding Parenting Time Disputes or Contempt Motion (there are others but these are the most likely). Either way, I have a hard time seeing them being either worthwhile (costs likely outweigh the benefits) or successful (given your side is adequately defended).
All of this to say, the answer is uncertain but likely in your favor. You have to make a risk-based analysis and do what you determine is in your stepdaughter's best interests. I sincerely wish you only the absolute best!
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