Should i go back to court and what should I file for?

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I have been divorced for 7 years. 2 years ago I moved 350 miles from where I was living, 500 miles from my ex. but still in the same state. Matters between us became so extreme that I had to get a perment restraining order on him and now my ex is playing the "don't tell Mom" on things that are required in order for him to have his visitation, such as.... no driving my son in his car due to no drivers license, having a house for him to stay at because before he was living out of a storage unit. I recently found out that he quit his job AGAIN and my son is with him, with no food. I have been told that my ex is going to ask the judge for custody in 2 years since my son will be 12 and can tell the judge he wants to live with his dad. I am in constant battle with my ex over visitation.

Attorney Answer

1
Michael Troy ·
Where a party seeks to change custody or decision-making responsibility in Colorado, the court cannot modify its permanent orders unless it finds, upon the basis of facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child or the child’s custodian or party to whom decision-making responsibility was allocated and that a modification is necessary to serve the best interests of the child. In applying these standards, the court must retain the prior allocation of parental responsibility unless: (1) the parties agree to the modification; (2) the child has been integrated into the family of the moving party with the consent of the other party and such situation warrants a change in the allocation of decision-making responsibility; (3) there has been a modification of parenting time pursuant to C.R.S. § 14-10-129 that warrants a modification of decision-making as well; (4) a party has consistently consented to the moving party making individual decisions for the child which the other party was to make individually or the parties were to make mutually; or (5) the current decision-making allocation endangers the child’s physical health or significantly impairs the child’s emotional development and the harm likely to be caused by a change of environment is outweighed by the advantage of a change to the child. This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.
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