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Q&A Archives

Questions

Rights of Primary Residential Parent

Rights of Primary Residential Parent

My husband has 2 children from his previous marriage aged 10 and 8. In his parenting plan it states that they have joint custody of the kids and the mother will be primary residential parent. It goes on to say “she is listed as such only because state and federal laws require one parent be named.” We’d like to know what exactly this wording means. The kids want to come live with us………there’s many situations at their mom’s house, but we’d like to avoid a court battle if at all possible. She’s already told them no.

It is a designation used by other states to indicate that the mother is the primary parent. Colorado no longer uses that designation.

Father’s Visitation Rights Denied

Father’s Visitation Rights Denied

My exwife has illegally denied my parenting time many times, a total of 28 days in the past 3 years alone, even after being warned by judges. This past Memorial Day weekend she did it again, I have an e-mail stating that I should “just not show up”. Shouldn’t she be seriously reprimanded?, the judges seemed very serious, but she has little regard for the law. What can I do?, I have driven thousands of miles for nothing, only to be spurned.

You need to file a contempt citation against her and a motion for make up parenting time. If found in contempt, she could go to jail.

Moving Children Out of State

Moving Children Out of State

My wife has decided to move to Pa. with our 3 kids., how do I protect my custody/visitation before she leaves, (w/i 1-2 weeks) please help., What do I need to do?

You need to file for divorce or legal separation immediately. An automatic restraining order would prevent her from leaving the state with your kids.

Legal Separation vs. Divorce

Legal Separation vs. Divorce

What are the benefits to being legally separated vs. divorced?

Some people aren’t sure that they want to be divorced, but want to resolve all financial and custody issues. A legal separation would establish those legal rights and obligations without being legally divorced. Some people really do want to be divorced but can’t because of religious reasons or the necessity of retaining health insurance coverage.

Options When Pursuing Legal Separation

Options When Pursuing Legal Separation

If I file for legal separation and change my mind, can I drop it or convert it to a divorce?

Yes, to both questions.