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Can someone be forced to give up children's rights in Colorado?
I was a full time medical student which put me behind on paying child support but whenever possible, I made sure my kids have clothes, shoes etc... I also see my kids on the weekends but my ex and her new flavor of the month are keeping my kids from contacting me so often and threatening me to give up custody of my kids... I said HELL NO!
What can I do to file for joint custody and get them off my back. My kids want to live with me incidentally? |
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In most states, child custody and child support are not linked. In other words, in deciding child custody and visitation, courts don't really look at whether you have paid your child support religiously.
On the other hand, the court won't ignore it if you are obviously asking for "joint custody" simply to reduce your child support obligation. The court should consider the best interests of the children in changing custody, but will probably require a showing of changed circumstances since the time at which custody was originally decided. |
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Do you have an order for visitation? If not, then she isn't in contempt of anything. If you are wanting visitation that can be enforced/custody you need to file in court for it. If you do have an order for visitation already and you aren't getting that time then go back to court to have it enforced.
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You go to court and file for joint custody, AND visitation. I doubt that gets them off your back though, since pushing your buttons is what they want to do and use back support as an excuse. They can't take your rights away, nor can they take money you don't have. But they can make you too broke to buy gas to pick up your kids.
You really do need to talk to a lawyer, and a financial advisor. I suggest a fathers rights advocacy group in your area(?), or online for personal guidance and support through this complex frustrating process. |
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Your rights can not be taken away.
School is not an excuse for non payment of support, if your earnings were low, you needed to go to court and get support based on income. As for visits, you should have a court order, sounds like you do not. Also buying clothes, shoes is not support, you write a support check before you buy anything else, if you were spending money on other things for them, and not writing mother a check, that was wrong on your side. |
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