loves2ski
New
Reged: 01/11/08
Posts: 3
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I don't know where to even start. My Ex and I have been split for 8years and have a 12yr old daughter together. Our order states we have joint custody with me being the primary residental parent. He is supposed to have her every other weekend and every other week during the summer.
In the last 6 months he has not been showing up and is apparently having an affair on his wife. He only see's our daughter when ever is convenient for him and it's been this way for months. I have been documenting everything from his no show's to his rude and inappropriate behavior to our daughter.
At this point I don't know what to do because he is not showing up to see her and her heart is very broken and she doesn't want to have anything to do with him. She will be 13 soon and I was wondering will she have rights now that she is older? Do I have rights since he's not complying with the court order? and continues to no call and no show for his visitation?
Oh by the way he hasn't paid child support since June of '07 but I'm letting the state of Colorado handle that.
Thanks for any and all suggestions!
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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Unfortunately , visitation is a right not a responsibility for the NCP . You have to make the child available whenever the other parent wishes to exercise court ordered visitation or risk contempt . The child has no say in the matter till they're 18 .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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loves2ski
New
Reged: 01/11/08
Posts: 3
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So do you not suggest going back to court to change visitation since he's not fufilling his part? Also since he hasn't had any overnights and that's what childsupport is calculated on his support is incorrect?
I just can't imagine sitting back for the next 6 years and letting him get away with this.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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So do you not suggest going back to court to change visitation since he's not fufilling his part?
>>>>>>>>>>>> It's doubtful that visitation would be legally reduced past the minimum , every other weekend , holiday ansd summer .
Also since he hasn't had any overnights and that's what childsupport is calculated on his support is incorrect?
I just can't imagine sitting back for the next 6 years and letting him get away with this.
>>>>>>>>>>> CS and visitation are separate issues , as long as you document any missed parenting time , the courts would use ACTUAL time spent with the child rather than what is court ordered .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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loves2ski
New
Reged: 01/11/08
Posts: 3
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Thanks for your input...are you an attorney?
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Samsung
Platinum
Reged: 06/14/07
Posts: 2025
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Child support in Colorado is based only on the incomes of the parents, and the NCP gets no credit for time spent with the child. So, if they had them 1 overnight or 100 a year, CS would be the same.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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There are separate guidelines for Sole Physical Care and Shared Physical Care ( when visitation exceeds 93 overnights/year ) . The guidelines for shared care do use the percentage of parenting time as a modifier .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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jhayden
New
Reged: 04/30/08
Posts: 9
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That's actually totally incorrect and untrue. There is a statute under CO law that has to do with Non-Compliance with Failure to Exercise Parenting Time - in which case an Absentee parent can be held accountable in court for ignoring his/her parenting responsibilities. Under CRS 14-10-123.4 "The court will consider failure to exercise parenting time in ruling upon decision making, primary physical residence and parenting time." A parent can, in fact, have his or her parenting time restricted for being a jackass.
Further, a child DOES in fact have a say, and a judge will take into consideration (usually around the age of 12) what the child thinks about visitation. Theanswerguy, you cannot be from Colorado.
At the very least, you should seek to modify visitation based on his unreliability and have sanctions written into the order to dissuade this kind of irresponsible behavior.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2147
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Read some case law , I suggest :
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=co&vol=2004app%5C4673&invol=1
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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