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xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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I just was made aware taht teh father of my child owns a handgun

Customer Question

I just was made aware taht teh father of my child owns a handgun where I beliieve he keeps it locked next to his bed. He failed to disclose this info to me. He has known and documented history of rage and volaltile behavior including previous suicide threats. My child is only 4 years old and has to go there 3 days a week. Please help me. I want my child out of that house but feel the courts will protect him.
Submitted: 1 year ago.
Category: Family Law
Expert:  xavierjd replied 1 year ago.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

I am sorry that you are going though so much. It must be extremely stressful for you.

Does the father of your child have any convictions for violence? Or has he ever been committed to a mental health facility?

Thanks
Customer: replied 1 year ago.


I dont believe so. I do know the police were contacted for domestic disputes in his previous marriage. He has been treated for leukemia for well over 10 years now and receives Ativan for anxiety which he abuses along with narcotic pain meds. However have been unable to prove the substance abuse. Thank you for responding

Expert:  xavierjd replied 1 year ago.
Hi Natalie,

Thanks for the information. I want to look up a few things for you. I will be back with an answer asap. It may take a bit.

Thanks for your patience.
Expert:  xavierjd replied 1 year ago.
Hi Natalie,

Thanks for your patience.

COLORADO REVISED STATUTES:

§ 14-10-129. Modification of Parenting Time in applicable part states:


(b) (I) The court shall not restrict a parent’s parenting time rights unless it finds that the parenting time would endanger the child’s physical health or significantly impair the child’s emotional development. Nothing in this section shall be construed to affect grandparent visitation granted pursuant to section 19-1-117, C.R.S

Further, the statute indicates:

(3) (a) If a parent has been convicted of any of the crimes listed in paragraph (b) of this subsection (3) or convicted in another state or jurisdiction, including but not limited to a military or federal jurisdiction, of an offense that, if committed in Colorado, would constitute any of the crimes listed in paragraph (b) of this subsection (3), or convicted of any crime in which the underlying factual basis has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3(1), C.R.S., that constitutes a potential threat or endangerment to the child, the other parent, or any other person who has been granted custody of or parental responsibility for the child pursuant to court order may file an objection to parenting time with the court. The other parent or other person having custody or parental responsibility shall give notice to the offending parent of such objection as provided by the Colorado rules of civil procedure, and the offending parent shall have twenty days from such notice to respond. If the offending parent fails to respond within twenty days, the parenting time rights of such parent shall be suspended until further order of the court. If such parent responds and objects, a hearing shall be held within thirty days of such response. The court may determine that any offending parent who responds and objects shall be responsible for the costs associated with any hearing, including reasonable attorney fees incurred by the other parent. In making such determination, the court shall consider the criminal record of the offending parent and any actions to harass the other parent and the children, any mitigating actions by the offending parent, and whether the actions of either parent have been substantially frivolous, substantially groundless, or substantially vexatious. The offending parent shall have the burden at the hearing to prove that parenting time by such parent is in the best interests of the child or children.

So, if you believe that the father's possession of a gun (even though locked and next to his bed) is putting your child in danger and/or you can PROVE that he has a history of mental health issues, including suicidal ideation, etc. and that he has a history of violence, then you can file a Petition for a Modification of Parenting Time. If you can somehow verify the mental health issues and/or his suicidal ideation, and/or his history of violent behavior, you have a good chance of modifying the parenting time.

If there are any police reports that were made because of his violence, or the police were called to his residence because of violence, you should ask to obtain them from the police department in the jurisdiction where the violence occurred. Again, if you can verify his mental health issues, that would also be good evidence for you. However, mere allegations may not be enough to modify the visitation schedule. So, gather as much information as possible before you file a Petition to Modify Parenting Time.

But at the basis of any Petition to Modify Parenting Time, should be the SAFETY of your child, and the fact that it is in the best interests of your child to NOT be around anywhere where a gun may be accessible. Who is to say that the father of your child KEEPS that gun locked. And, if he has mental health issues, who is to say that he wouldn't forget to keep it locked. Actually, a gun should be kept in a LOCKED GUN CABINET OR SAFE, and not necessarily next to a bed.

You may also wish to contact an attorney who specializes in family law in the county in which your support/parenting time case is being handled. Sometimes, an initial consultation is free or at a minimal charge. You can discuss the specific facts of your case, evaluate your options and decide how to proceed.

If you don't have an attorney and wish to speak to one, you can try the Metropolitan Lawyer Referral Service. They will help evaluate your situation and find the right lawyer for you. http://www.mlrsonline.org

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and 7 other Family Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Natalie,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

Customer: replied 1 year ago.


Thank you very much for hearing me and getting back to me. This helps.

Expert:  xavierjd replied 1 year ago.
Hi Natalie,

Thanks for the generous bonus, as well. It REALLY means A LOT to me!

Thanks again, and if you have any other questions, you can specifically request me as the expert.

Good luck,

xavierjd
Customer: replied 1 year ago.


I do have another question but it is a seperate issue all related to the same person and custody. I will contact you later.


 


Thank you!


Natalie davey

Expert:  xavierjd replied 1 year ago.
Hi Natalie,

No problem. You can specifically request me as the expert if you choose to do so.

Take care,

xavierjd
Customer: replied 1 year ago.


I do have another question that I just posted. Would greatly appreciate if you could advice me in some way. It has to with false negative paternity DNA testing done by the father of my child in 2010. First test came back 99.9% false negative. I had to fight to get an order from the courts to have him retest. He even fought the retesting orders. He is Asian and my child has dominant Asian features. He still fought the retest. eventually the courts ordered him to retest and ordered he rinse out his mouth prior to retesting. The second test came back a mixed match. At that point the lab DDC Diagnostics got suspicious. They had cleared lab error on their part . After the mixed match result he was ordered to submit nails, hair and blood. He refused to give blood. He did submit nails which the DNA was a perfect match. This whole process took over a year with the courts involvement. I was treated horribly. I never received a valid reason or an apology from the lab as to all these negative tests. I have spoken with and am ready to retain a DNA investigator who is convinced that fowl play on the part of the father was involved. he can prove this by neutral investigating of the DNA tests performed. He needs an attorney to work with. Please advice me on how to proceed or how to find an attorney. I am unsure as to who to sue or how to go about suing but feel very strongly I have a case. I ultimately want to be able to prove that the father tampered with the tests or bribed someone. Thank you

Expert:  xavierjd replied 1 year ago.
Hi Natalie,

I am sorry for the delay in answering your question. I was in court all day and had an appointment this evening.

I certainly understand your frustration regarding your child's father.

I want to do some research for you and and I will be back with an answer for you asap with an answer. However, it is about 1:00 a.m. where I live,. I will be back with you in the morning. I apologize for any inconvenience.

I appreciate your patience.

Thank you,

xaierjd
Customer: replied 1 year ago.


Thank you.

Expert:  xavierjd replied 1 year ago.
Hi Natalie,

I will be back with you shortly.

Thanks for your patience!
Expert:  xavierjd replied 1 year ago.
keHi Natalie,

I searched high and low. The only Colorado law that I could find that pertains to "paternity fraud" basically only applies to mothers who make false allegations against a man who the mother knows, or has reason to know that the man is not the father. THIS IS NOT YOUR CASE.

Since paternity has been established, you won't be able to do anything NOW against the father for tampering with the DNA testing. Even if he tampered with the testing, he still eventually was established as the father. Therefore, even though he put you through horrible stress and treated you like dirt during the over a year period that the proceedings were going on, you had to file any actions against your husband during the time he was giving you problems about the DNA testing.

Blood testing is NOT required to establish paternity. DNA cells are collected from the inside lining of the cheek using an oral (buccal), swab. This is a more convenient procedure than drawing blood. Because the DNA content of most tissue in the body is the same, the results would be identical from blood or cheek cells. The most common method used today for paternity is the buccal swab. If, however, your child's father was ordered by the court to take a blood test, you needed to file an Order to Show Cause as to why he shouldn't be held in contempt of court for failing to abide with the court's order.

As far as suing the lab that conducted the test, again, the lab eventually performed the testing that confirmed that your ex was, indeed, the father of your child. If the reason that the confirmation of paternity took so long was because the lab did something wrong--for example,and among other things, did not have a properly trained person to perform the test, or the person that took the test contaminated the test, or the lab was not considered to be "sterile" such that the test was contaminated, or your ex was intentionally allowed by the lab and/or the person who took the samples, to contaminate the samples taken, or that there was a conspiracy between your ex and the lab to make sure that the paternity proceedings were prolonged such that you lost work because of having to go to court, or that your ex was not ordered to pay child support (retroactively) because of the length of time he dragged out the establishment of his paternity.

To win in a civil suit against the lab, you must prove its claim or position by a preponderance, defined as a superiority in weight, force, importance, etc. In legal terms, a preponderance of evidence means that you have shown that your version of facts, causes, damages, or fault is more likely than not the correct version, as in personal injury and breach of contract suits. This standard is the easiest to meet and applies to all civil cases unless otherwise provided by law.

The concept of “preponderance of the evidence” can be visualized as a scale representing the burden of proof, with the totality of evidence presented by each side resting on the respective trays on either side of the scale. If the scale tips ever so slightly to one side or the other, the weightier side will prevail. If the scale does not tip toward the side of the party bearing the burden of proof, that party cannot prevail.

 

However, first, you have to have a legal basis to file a lawsuit against the lab. If you have a legal basis, then you have to be able to prove your case by a preponderance of the evidence.

 

The only way that you can know for sure if you have a legal basis for filing a civil lawsuit against the lab, is to contact an attorney who specializes in civil law. If you don't have an attorney and wish to speak to one, you can try the Metropolitan Lawyer Referral Service. They will help evaluate your situation and find the right lawyer for you. http://www.mlrsonline.org

 

I hope you find this information useful.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

 

xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and 7 other Family Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Natalie,

Thanks, again, for the "excellent service" rating. Your rating is VERY important to me and I really appreciate your positive feedback.

Again, if you have any other questions, you can specifically request me as the expert to assist you.

Best wishes,

xavierjd

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