Skip to main content

How long is it before its considered abandonment in a 50/50 csre of children before one parent can file for full custody

Colorado Springs, CO |

One parent will be going out of state and the other wont call aout the children and doesnt want phone call from them

Attorney Answers 3


  1. After a year without financial and emotional support, parental rights can be terminated.

    You can file for a modification of custody any time you think you can prove that the change is in the best interests of the children (with the understanding that frequent filings will not be favored by the Court).

    You may want to consult with an attorney.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.


  2. Mr. Harkess is absolutely correct and he would be an excellent person to have an initial consultation with, as he is really an expert in the field. This is simply too important of a case and too complicated to go it alone without an attorney.


  3. Mr. Harkness is right - one year without financial or emotinal support.

    You should also be award that a relocating parent should file a motion to change parenting time if a move is contemplated. Under 50-50, both parents technically have to file such a motion because parenting time will have to change with the relocation.

    You should get an attorney to handle this, it's highly technical.

    This answer does not create an attorney-client relationship. It is advisable to consult with an attorney with full disclosure of relevant facts for a comprehensive leagl opinion.

Child custody topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics