Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
I certainly understand the situation and your concern. If you were served papers, you certainly want to file a response/answer to them, to avoid having his request granted. It is important to remember that the Judge is always going to act in the best interest of the children, when deciding who to allow the children to live with. The Judge can also speak with the children and ask them if they would rather live with you or him. While you and him may have reduced the agreement to writing, that the children would decide, the Judge is likely going to step in and decide at this point. If you have joint custody, he can not take away your legal right to the child and if he is not allowing you to speak or visit with them and there is an order in place, he could be in violation. You want to respond to the allegations in the papers which you were served with one by one and stated any objections which you have, that should be considered by the Judge, in the decision. At this time, you need to clearly have custody and/or visitation
ordered if it is not in place at this time, seeing how you reside out of State and the situation is getting complicated. Here is also a link with forms that you can use, if the matter is being heard in a Colorado court.
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