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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 28831
Experience:  Attorney with experience in family law.
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I have a 12 year old son. My son's father (never married

Customer Question

I have a 12 year old son. My son's father (never married but have court ordered custody agreement) was angry and yelling at my son without ever enforcing a punishment, simply yelling about everything and then going back to sleep for hours and hours. he
was never attending school events such as conferences, plays, never paid child support (8 years behind, he worked for cash under the table), etc. My son told him back in March 2015 that if the anger could not calm down, he thought it would be best if he just
stayed with me. His dad didn't calm down, after waiting at his house to talk to him about this on the arranged custodial exchange time from 10am-4:30pm waiting for him to wake up, I wrote him a letter in an attempt to inspire/encourage him to be a dad to our
son. I left the letter with his fiance (we got along very well). I offered him a "parental minute" to gather himself. He responded with angry vulgarities accussing me of sabotaging his relationship with his son. I explained over and over that I was just giving
him a chance to pull it together and I was encouraging our son to work things out with his dad. They eventually talked things out enough that our son gave him one more chance. I allowed him to go over there one day and night a week and with in 3 weeks, Father
punched his fiance in the face and went to jail (she is not his fiance anymore). When he got out of jail he moved to Castle Rock 45 minutes away without transportation and expected me to allow our son to go spend the night with him at a house I wasn't allowed
to know the location of, and Drive down there to pick up and drop off to him. Of course I didn't. It has now been 3 months since my son has seen his dad. What motions do I file to obtain sole parental responsibilities for my son? I have had to get a protective
order one other time in the past with him, but I had a lawyer.
Submitted: 1 year ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You have the ability to file a Motion to Modify Parenting Plan, asking the judge to give you 100% sole legal and physical custody until the father can establish that he's gotten anger management classes, attended therapy, or both (or whatever other requirements you think would be appropriate). You can also ask that he be required to disclose his address so you know where to go pick up your son if anything happens once custody is restored. At the hearing, your son can testify as to why he doesn't feel safe with his father. You could even subpoena the former fiance to testify about his anger problems.

The forms and instructions for the motion are available through this website:

https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=73

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Customer: replied 1 year ago.
Below I have listed the documents that I am filling out to be filed. I would like to have the child support adjusted as well and regain some of those hundreds and hundreds of dollars. I don't have his income information. *****Question part 1. Are there any additional forms I need to fill out for both custody and support since I don't have hi income? *****Question part 2. What evidence should I be presenting?
I have filled out the
1406 - VERIFIED MOTION TO MODIFY PARENTING TIME,
1416 - AFFIDAVIT IN SUPPORT OF MOTION FOR MODIFICATION OF PARENTAL RESPONSIBILITIES
(******Question Part 3 is this where I gather people's statements to support my case?)
1113 - PARENTING PLAN
1104 - CERTIFICATE OF COMPLIANCE
1111 - SWORN FINANCIAL STATEMENT
1117 - SUPPORT ORDER
1405 - ORDER RE: MODIFICATION OF CHILD SUPPORT
1820M WRKSHT A - SOLE PHYSICAL CARE
1313 - CERTIFICATE OF SERVICE
Expert:  Lucy, Esq. replied 1 year ago.

What evidence to present is not considered a related question to which forms to file. I can tell you that, generally, you'd want to present any and all evidence you have of your ex's anger problems and treatment of your son (which is going to hinge in large part on his testimony). For more details, I'm afraid I have to ask you to open a new question. It's the only way to ensure that experts get compensated for the time it would take to provide a detailed answer to that question.

You can estimate his income if you don't know what it is, but you're also allowed to do discovery to try to find out his income. Any local attorney can subpoena his bank account records for you or employment records if you know where he works. You can also get a blank subpoena from the clerk of the court and serve it on him yourself if you want to file the forms first and then get financial information. Statements from other people that support your case are evidence for the hearing, in the form of in-person testimony given to the judge. You do not need to attach written statements unless you're filling out a form that specifically asks you to.

You will probably end up also needing to do a PreTrial Statement, if this gets to a hearing, but that's not something you need to fill out now. You've listed all the forms that need to be submitted.