Visitation Question - Please Help

[BugleLake]

I am a contractor stationed in Iraq - My ex-wife is denying visitations to my common-law-wife and I while I am gone. Can she legally do this? We live in Colorado if that makes any difference.

Thanks in advance

Rob Martinez

[MYSONSDAD]

There has been alot going on with Military issues. I beleive California and Michigan just gained some rights in legislation protecting Military personel. But it may be on CS issues only. Michigan gained something in regard to custody issues.

Give me sometime and I will try to find the original sources. I can also check Colorado and see if it is in the process there.

Any chance the grandparents could petition for visitation? I am not in Colorado, so am not familiar with the statues.

 Here are a few sites that may be of help. GOOD LUCK!

TGB's Links Pages - COLORADO
Links and resources for the State of Colorado.
URL: http://www.deltabravo.net/custody/tgbco.htm - size 3kb - 24 Oct 2003

http://www.sos.state.co.us/pubs/UETA/Statute/CRS_14-14-113.doc

http://www.coloradodivorceinfo.com/

http://www.mediationnow.com/communal/links.htm


"Children learn what they live"

[MixedBag]

individual states that he is a CONTRACTOR stationed in Iraq.

[MixedBag]

common-law-wife -- does that mean you were never legally married in a courthouse?  There are some common-law marriage states out there and I don't remember if CO is one (AL is...)

If you weren't married legally, how supportive is the state of CO that she is actually your wife?

There are some judges out there who will support the stand that parenting time outlined in a divorce decree is to be used by the non-custodial parent and can't be "delegated" to another person.

However, I believe that more judges will say that it's the noncustodial parent's choice as to how that parent spends their time with their child.  So, when I took my SS to MI with me and his Dad didn't accompany us during Dad's time, the Mom couldn't stop us.

Here's what I suggest.

Step 1:  Write the ex a certified letter stating that you wish to delegate your time as outlined per the decree to be spent with your wife while you are in Iraq.  Some of those times might also be spent with your parents or other relatives and of course at your transportation expense.

Step 2:  If she denies, then I'd contact your attorney and request the the attorney either file a "Motion to Clarify" your position or a "Motion to Show Cause" to get some or all of that time back at a point in the future.

It's hard to predict exactly what the courts will say and the catch is that you will need to be present at the hearing once that's set down the road.