How do I move forward in my child custody case? 1 Answers as of June 02, 2011My daughter lives with her mother in Colorado, I live in Florida. I am supposed to have my daghter everyother weekend and every Wednesday. Since I have moved to Florida my ex-wife has always agreed to let my daughter come visit during the summer, and then changes her mind the day I plan to purchase a plane ticket. She is now telling me that if I want to see my daughter I need to go out to Colorado. The last time I tried to visit my daighter in Colorado my ex-wife only let me see her twice in the week I was out there, so I do not think that it is the est to visit out there. Not to mention me going to Colorado is a lot more expensive then flying my daighter to Florida. I am also starting to notice that my ex wife is starting to bad mouth me to my daughter, telling her that I left because of her and that I do no love her. I would really like to see my daughter, but I am not sure of how to move forward with this.
John E. Kirchner, Attorney at Law | John Kirchner
Your question implies that there is not yet any court approved Parenting Plan, so you need to pursue that. If you don't have a lawyer, now that you no longer live in Colorado you should hire someone because handling it yourself long distance is an almost certain road to failure. Once you get a permanent parenting plan that spells out specific rights and obligations, the problems you describe could be eliminated or, at least, you can enforce the plan by having your ex- cited for contempt. If you do have a Parenting Plan that only provides parenting time rules based on the assumption you are living in Colo, you need to file a motion to modify the Plan accordingly. Since you also don't provide the child's age, it is difficult to evaluate whether your ex-wife's refusal to allow the child to travel to Florida is or is not reasonable. In any event, the problems you describe have to be solved by a written Parenting Plan that spells out how things are supposed to work when you and your ex- cannot agree.
Answer Applies to: Colorado