My ex has pretty much abandoned our 5 and 3 year old boys. We mutually agreed after the seperation of 50/50. But our boys are with me 24/7. I can't get her to spend any time with them. It's excuse after excuse. She spends all her money on alcohol and weed. Her responsibility that we agreed on mutually is she pays for groceries and day care for our boys even when we were together. I have been paying everything with no support from her. She's basically homeless because she's bouncing between her sisters house who lives in a 2 bedroom with her bf and 8 kids and her bf who has a roommate. Not a place for our boys or her other 3 kids. She spends maybe 4 hours combined a week with our boys and that's only because she takes them to day care and school and doesn't see them again until the next morning. Can I get her to be court ordered to pay child care costs in replacement of Child Support? I know Colorado doesn't grant full custody. But I pretty much have full custody as it is. I am making all the doctors appointments, doing everything a parent should. I don't want my boys at her sisters because she allows her 16/17 yr old daughters to smoke weed with her.
You should move the court to modify your parenting time and child support (two separate motions) to reflect what is actually happening. If Mom is not exercising her overnights, she can lose them. Colorado courts can and do allocate 100% of parenting time to one parent if the other parent doesn't have adequate accommodations. Good luck.
You can reach John Hoelle at (303) 415-2040 or [email protected] John is an attorney licensed in Colorado. Answering your questions online does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights.
It is unclear by your question as to whether you already have an Allocation of Parental Responsibilities case and parenting plan OR you and your ex have a verbal agreement that isn't being followed. If you have a parenting plan that is filed with the Court, then you need to modify child support and parenting time (potentially decision making too). If you don't then you need to file for APR. You should contact a family law attorney. Many offer free consultations. I wish you the best!
If there is not a custody case already filed, you need to file one ASAP. As relates to child support you can potentially get child support, which would also include her sharing in the cost of work related day care. You can also get orders designating you the primary custodian and to deal with decision-making. If you can prove she smokes weed with her kids, a court may find this to be a safety issue. Realistically, you need to consult with a family law attorney.
Any answer provided is for general information purposes only and should not be construed as creating an attorney-client relationship with Stephen J. Plog or Plog & Stein, P.C.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline