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I am a single father in colorado who was awarded full custody of my two children age 6 and 8 in Feb. The court order stated that the mom see the kids on Sunday for 8 hours. Three weeks ago I learned that the mom was in jail on Sunday for a violation of a restraining order. I was awarded custody because the mother was found to be abusive. On the visit the week before she was put in jail she threatned to spank my youngest son, something she admitted was wrong. I am in fear for the children to be with their mom because of all the turmoil that is going on in her life. I need to file something but what. I am afraid that she will file contempt against me for withholding the visits. What do i file and is there anyone that can write a motion for me other than an attorney? I am already in debt to my former attorney and am making payments

Submitted: 180 days and 10 hours ago.

Category: Legal

Value: $15

Status: AWAITING CUSTOMER ACTION

Colorado

Posted by Wayne Patterson 180 days and 10 hours ago.

Answer

You can file for a modification of the visitation to supervised visitation only. However, at 6 and 8, I think the boys are old enough to tell you of any problems. Unless you see any actual endangerment of the children, I would leave as is. It is only one day a week and no overnights so it is already very restrictive. Without showing some actual abuse or drug problems, the court may not change and you will have wasted a lot of time and effort. Wait until you have more.

Here are the forms
http://www.courts.state.co.us/Forms/SubCategory.cfm/Category/Domestic

180 days and 9 hours ago.

Reply

The real problem is that i have withheld the visits for the past three weeks, pending an outcome in her latest criminal offense. They revoked her probation and she has a hearing to determine an outcome of her revocation on Jun 12. She is not in treatment and is out on bond so she is not abiding by the court. I have a feeling that she is going to file contempt charges on me for withholding her visits. She feels that it is OK for her to spank the children and I feel that the courts need to know it is not approriate. So if I do file a motion i can use the web pages that you sent. Is there any resources that I can turn to to help write the motion, paralegals etc or at least read it to see if it is acceptable to submit to the courts?

Accepted Answer

The specific forms are on this page
http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/73

It amy take you some time but you can probably figure them out. You can use the file from your previous case as a guide. You can get a full copy of everything from the clerk fo court.

Once you get everything filled out you may want to retain an attorney to review.

Accepts:
Expert:	Wayne Patterson
Pos. Feedback:	98.3 %
Answered:	5/27/2009

Attorney

Experienced in Construction Law and Traffic Law

179 days and 17 hours ago.

Reply

Ok Thank You

Posted by Wayne Patterson 179 days and 17 hours ago.

Answer

Custody is one of the toughest situations and good luck with your kids. Being a single father is tough.

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Ok Thank You

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Custody is one of the toughest situations and good luck with your kids. Being a single father is tough.

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