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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16367
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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My ex and I have a custody agreement, filed in Jefferson

Customer Question

My ex and I have a custody agreement, filed in Jefferson County Co, granting us joint custody, primary residence with my ex. This custody agreement was filed in August of 2014. Prior to that my ex and I had co-parented without a custody agreement being filed for 8 years. Last June my ex decided to move to South Dakota, we did not amend the current custody agreement, he thought he was just going to take my son with him, he did not. My son has lived solely with me and my daughter, his half sister, since June of 2015. My son has gone and visited his Father several times, and we had been able to agree on time etc, up until now. He is unexpectedly coming into town this weekend and he and I have had several heated discussions about my son going out to South Dakota this summer. I am concerned that he is going to try and take my son. I understand we need to modify the current custody agreement and at this time I would like to ask for child support. Can I file this paperwork myself? I am a single mother of two, and simply do not have any savings to retain an attorney. What are my options at this point?
Thank you for your time,
Jaime Maritt (###) ###-####***@******.***
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
To be a little more specific, I am willing to let my son go spend 2-3 weeks with his father in South Dakota. He has a commitment to his baseball team, that his father was aware of, and I want him back a week before school starts to readjust to being home etc. Prior to moving to South Dakota, he paid $400 a month for child support. He has paid $400 a month since January of 2006 when we split up. Now he refuses to help with any of my son's expenses. He first asked for all receipts of what I was asking for half of the cost. Then he claimed he had put checks in the mail...... now nothing. My son has had to have several costly dental procedures done, specifically I asked him to pay for part of those costs, and was willing to over see the fact that he wasn't giving me any type of assistance monthly. He refuses to help out at all, and has been very distasteful when communicating with me. He only responds to texts messages and responds only half of the time. I just need to know where to start from here, if I have to do this without counsel.
Expert:  Legalease replied 1 year ago.
Hello there ---It is good that you have a custody agreement in Colorado where you are living now but you must get it changed before your ex tries something like going into a South Dakota court and trying to register the current custody arrangement to get a newer court order stating the same thing (that he has custody). It can happen. In order to handle this yourself, you must complete Modification of Custody and REquest for Child Support paperwork in Jefferson County as soon as possible so you can get a hearing date and get the matter settled in the Colorado court before your ex tries to bring a SD court into the mix. If that happens you will have conflicting court orders and a bit of a mess because the Jefferson county court may want to enforce the latest court order and if it comes from SD then you could be out of luck.-Fortunately, Colorado is one of a handful of states that have beautiful online resources for you to get these forms and I am giving you a link to that page right now. If you scroll down the left side under "Custody and Child Support" you will find the forms that you need. Also, on the right side there is a link to a list of FAMILY COURT FACILITATORS -- these are people who work for the state but who are employed to specifically assist people who cannot afford lawyers to complete proper forms and get the court process going. In the paperwork, you can make whatever requests that you would like regarding custody and visitation arrangements and then the court will order a set amount of child support every week based upon his income. Here is that link --,Please let me know if you have further questions. If not, can you please press a positive rating above so I will be paid for my time. I am paid nothing unless you press the middle, or the fourth or fifth star to the right of the middle star above. THANK YOU VERY MUCH-MARY
Expert:  Legalease replied 1 year ago.
Hello there ---If you have no further questions, can you please press a positive rating so I will be paid for my time for assisting you with these questions? I am paid NOTHING unless you press a positive rating above in the ratings section (pressing the middle star, or the fourth or fifth star to the right of the middle star are all positive ratings). Pressing a positive rating will not cost you any additional money -- it is just the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!!-MARY

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