I was just server the paperwork for Allocation of Parental Rights. The child's mother & I are still married, we have not submitted the paperwork for dissolution of marriage. There is nothing in the paperwork indicating what she is looking for. How do I respond to the paperwork and how does it relate to the big picture when we have not completed divorce paperwork. I want to be with my son as much as possible and make sure the child support is correct.
Criminal Defense Attorney
A petition for allocation of parental rights is the document used by the court to decide how the parental rights of your son will be either shared or divided. The first thing you should do is find a qualified attorney to assist you in your divorce and parental rights proceedings.
You need to start gathering as much documentation about the things that you do for your son and for his well being. The court will make their decision based on the best interests of the child so anything that you do for his benefit needs to be brought to the courts attention.
Once again, don't wait until it's to late and you have to hire an attorney to attempt to change what has been done. It is easier in this difficult time to hire one right from the start.
Disclaimer: Provision of the foregoing response does not create an attorney-client relationship, does not constitute legal advice, and should not be relied upon because the response is based upon the limited facts provided and it is impossible to meaningfully evaluate any legal problem without a thorough review of the pertinent facts and law which applies to the matter.
A petition for allocation of parental rights starts a case seeking a determination of custody and child support. It is unusual for an APR petition to be filed for a married couple. A peition for dissolution of marriage or for legal separation would appear to be more appropriate. If you file a petition for dissolution (divorce) then the APR case will likely just be folded into the divorce proceeding.
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.