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InformationForYou, Family Law Attorney
Category: Family Law
Satisfied Customers: 1956
Experience:  18 years as a family law attorney, adjunct law professor
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Any Colorado case law about parents first rights of refusal

Customer Question

Any Colorado case law about parents first rights of refusal? Also any case law about toddlers/infants being with or in care of girlfriend (extramarital affair) of soon to be ex husband? I don't want the children to be around her until after the divorce is final and I want parental first rights of refusal because he leaves the children in care of others on a regular basis for social life on his parenting time.
Submitted: 8 years ago.
Category: Family Law
Expert:  InformationForYou replied 8 years ago.
There is no requirement ever for a first right of refusal unless and only unless the parties agree to that. That means that if the two of you reached an agreement that you'd have to ask the other to watch the kids if the parent who was supposed to could not then the court would enforce that requirement. Unless a party agreed to it in writing, however, then the court won't mandate it. Now, if you could prove that he isn't using his custodial time every Friday afternoon it wasn't him watching the kids but his girlfriend, then you could ask that the schedule be modified because he isn't using the time. If you can't show is is regularly happening at set times, however, then you likely won't get the relief you're seeking.

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Customer: replied 8 years ago.

We had a verbal agreement when he first left which he has never rebuffed in any way, does that count? What about the girlfriend watching them, anything about what is best for the kids?

Expert:  InformationForYou replied 8 years ago.
I don't think the verbal agreement will be helpful to you unless he agrees that you had this verbal agreement. (If he denies it, you're probably out of luck). I think that if the court finds his girlfriend to be suitable caretaker for the children, then you will likely not it your way. While sometimes courts don't like him doing what he is doing, many times judges just require that nothing inappropriate is being done around the kids. The kids have already met this woman so just not having her watch them won't change that.

Sorry the news isn't better.