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  • unfit parent and divorce Colorado Colorado Colorado Colorado Colorado

    unfit parent and divorce Colorado Colorado

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    There is a divorce taking place, the husband filed after his wife committed Domestic violence and was taken away. The wife is now pending charges of 3rd degree assault and criminal mischief. There are 2 children involved. The father has retained custody of the children since she was taken away, and since that time, she has inflicted a drug OD with children present. The child called EMS for assistance due to the mother was unconscious. With the divorce going forward, and the mother at this time not known on where about and instructed by the state to not have the children, what are the possibilities of the father getting custody of the children when the divorce proceedings go forward?

  • #2
    Originally posted by HELPING
    unfit parent and divorce Colorado Colorado

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    There is a divorce taking place, the husband filed after his wife committed Domestic violence and was taken away. The wife is now pending charges of 3rd degree assault and criminal mischief. There are 2 children involved. The father has retained custody of the children since she was taken away, and since that time, she has inflicted a drug OD with children present. The child called EMS for assistance due to the mother was unconscious. With the divorce going forward, and the mother at this time not known on where about and instructed by the state to not have the children, what are the possibilities of the father getting custody of the children when the divorce proceedings go forward?
    Pretty close to 100%. She may still be awarded visitation (supervised) but if what you say is true, she has proven that she is a danger to the children and incapable of caring for them. Be sure to present all documentation you may have.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

    Comment


    • #3
      Originally posted by mommyof4
      Pretty close to 100%. She may still be awarded visitation (supervised) but if what you say is true, she has proven that she is a danger to the children and incapable of caring for them. Be sure to present all documentation you may have.
      Mom WILL get some type of visitation, BUT she will have to show up in court and ASK for it first. If she can't be found and served, the divorce can still proceed with notification by publication. If mom's a no show, dad gets whatever he wants as long as it is within the parameters of the law.

      If it looks like mom isn't going to be in court, I strongly suggest asking for certain very detailed and specific stipulations be put in the order.

      When I got divorce, the judge set a review for 6 months later to see if my ex has made any progress complete everything the judge order he do before he would be given visitation. Since he didn't bother to do ANY of them, I figured he wouldn't show up for the review. I think I looked up every single restriction and stipulation ever put in any court order in the state and then made up quite a few of my own that MUST be met before he could even ASK to modify the order. I just wanted to make sure that it would be very difficult for him to even ask for a modification every time the mood struck him or he got a new girlfriend. He is the type of person that would have filed one petition after another just to try and bankrupt me with attorney fees.

      Some of them would be impossible to actually enforce, like he must be completely current in ALL support, both child support and medical support before petitioning for visitation. but HE doesn't know that. A few of them that weren't so far-fetched are:

      1. Must complete state approved parent courses.
      2. Must submit to an alcohol and drug addiction evaluation.
      3. Must complete any and all courses of treatment suggested as a result of the evaluations.
      4. Must submit to a psychiatric evaluation.
      5. Must complete any treatment suggested by the psychiatrist.
      6. Must submit to a home study by a state approved agency.
      7. Must correct any issues found during the home study.
      8. Must attend anger management courses.

      There are a few thousand more ( ), but these are some very good ones the OP can start with.

      Comment

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