How would I go about getting full custody of my son? 1 Answers as of April 19, 2011

How would I go about getting full custody of my son? His dad has got into a lot of trouble in the past couple of months. I just found out that my sons dad was driving with my son in his truck when he didn't have a license. And in December My sons dad got caught with possession of a controlled substance 2 (Possession of Cocaine).

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
It sounds like you and the father are not now and were never married, so that would mean there is no current court order establishing anything about parental rights and responsibilities. If that is incorrect, you would need to file a motion to modify whatever current custody order is in effect. If that is a correct assumption (i.e. there is no current court order), the father currently has no specific rights and you are free to deny him any access to the child until such time as a court decides what rights he should have.

If and when a judge has to decide what kind of custody arrangements to order, the primary test will be what is in the best interest of the child. Sooner or later, if you and the father can't agree on things without a fight, a judge will have to get involved and make the decisions, including when and how the father will be allowed to have any unsupervised physical custody of the child (i.e. "parenting time").
Answer Applies to: Colorado
Replied: 4/19/2011
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