My girlfriend may of just lost her kids...

[linx]

What is the name of your state (only U.S. law)? Colorado

My girlfriend and her ex husband have been divorced for about 1 year, she has full custody of their kids, he didn't put up a fight for the kids in court one bit, he only has visitation rights on the weekend. Within the past 2 weeks my girlfriend has been in jail for two no car insurance traffic violations, I just spoke with her about an hour ago on the phone, she had told me her ex husband now has full custody of the kids, on what grounds would he be able to do that? would it be just temporary or can the judge give him full custody rights right away? what are her chances of getting them back?

 

[Proserpina]

What is the name of your state (only U.S. law)? Colorado

My girlfriend and her ex husband have been divorced for about 1 year, she has full custody of their kids, he didn't put up a fight for the kids in court one bit, he only has visitation rights on the weekend. Within the past 2 weeks my girlfriend has been in jail for two no car insurance traffic violations, I just spoke with her about an hour ago on the phone, she had told me her ex husband now has full custody of the kids, on what grounds would he be able to do that? would it be just temporary or can the judge give him full custody rights right away? what are her chances of getting them back?

Mom is in jail - that in itself can be enough to have custody changed. Did Mom have full legal custody, or was it joint legal with Dad (with Mom retaining full physical custody)?

How long will she be in jail?

When did the change in custody actually happen?

Have the children been with Dad for the past two weeks?

 

[Antigone*]

What is the name of your state (only U.S. law)? Colorado

My girlfriend and her ex husband have been divorced for about 1 year, she has full custody of their kids, he didn't put up a fight for the kids in court one bit, he only has visitation rights on the weekend. Within the past 2 weeks my girlfriend has been in jail for two no car insurance traffic violations, I just spoke with her about an hour ago on the phone, she had told me her ex husband now has full custody of the kids, on what grounds would he be able to do that? would it be just temporary or can the judge give him full custody rights right away? what are her chances of getting them back?

What do you mean on what grounds would a judge be able to do that? Maybe on the grounds that he is the children's father.

I would say that your girlfriend needs to straighten out her life and her priorities, obviously the children are not very high on the list if she's been tossed in jail.

The judge will decided what is right for the children, and at this point in time your girlfriend doesn't seem to fit that mold.

 

[Proserpina]

And does Mom have a prior record?

(perhaps more to the point, was she driving on a suspended license, too? That might explain the jail time)

 

[linx]

Mom is in jail - that in itself can be enough to have custody changed. Did Mom have full legal custody, or was it joint legal with Dad (with Mom retaining full physical custody)? yes she had full physical custody, he only saw the girls on the weekend.

How long will she be in jail? 30 days total

When did the change in custody actually happen? I dont know the actual change i wasn't dating her at the time she was in court going for custody of the kids.

Have the children been with Dad for the past two weeks?

yes, they have been with their father since the day she was taken into custody

 

[linx]

And does Mom have a prior record?

(perhaps more to the point, was she driving on a suspended license, too? That might explain the jail time)

she has no prior record and no she wasnt driving with a suspended license either

 

[Proserpina]

yes, they have been with their father since the day she was taken into custody

Dad is currently the only parent capable of looking after the children - did Mom somehow think this wouldn't happen?

Whether it's temporary or permanent, and Mom's chances of regaining primary custody, will depend on several factors.

How long is Mom going to be in jail?

 

[Proserpina]

she has no prior record and no she wasnt driving with a suspended license either

You sure?

A first offense for driving without insurance comes with a $500 minimum fine, license suspension until you can show proof to the Division of Motor Vehicles that you are insured and 4 points being placed onto your CO motor vehicle record (MVR). A second is a minimum $1000 fine and a license suspension of 4 months. A third violation comes with penalties which can include a minimum fine of $1000, community service, and an 8 month license suspension (per Colorado Statute 42-4-1409 and 1410). Courts may add up to 40 hours community service to the above penalties as well.

A suspended license is discussed under Colorado Statute 42-2-127.7 which gives the state the authority to suspend a driver’s license of an uninsured motorist.

Soooo....what happened? Jail time usually doesn't come into play unless the driver is driving on a suspended license.

 

[linx]

She'll in be in jail until Sept 8th, (30 day sentence) none of us expected her to see jail time or her ex husband to do this.

 

[linx]

I wasn't aware of license being suspended for the second offense, she did have a $1,000 fine that she was working on paying

 

[Proserpina]

She'll in be in jail until Sept 8th, (30 day sentence) none of us expected her to see jail time or her ex husband to do this.

He is their father - he has every right to ensure his children are safe and secure, y'know?

Mom will also have to pay her fines and have her license reinstated before she's able to drive legally - she does know this, yes?

So, when exactly did custody change from Mom to Dad?

And did Mom actually have full legal custody as well as physical (there is a difference)? Or did she and Dad share legal?

ETA: Essentially Mom can't do much at all until she's actually out of jail. At that point she'll need to high-tail it to an attorney.

 

[LdiJ]

He is their father - he has every right to ensure his children are safe and secure, y'know?

Mom will also have to pay her fines and have her license reinstated before she's able to drive legally - she does know this, yes?

So, when exactly did custody change from Mom to Dad?

And did Mom actually have full legal custody as well as physical (there is a difference)? Or did she and Dad share legal?

ETA: Essentially Mom can't do much at all until she's actually out of jail. At that point she'll need to high-tail it to an attorney.

I am sure that dad filed for emergency, temporary custody because mom was in jail, and was granted that custody. It won't become permanent until a full evidentiary hearing is held.

Once mom gets out of jail she will have to take it back to court...or will hopefully be out before the full evidentiary hearing is held.

OP could help mom by reviewing the court file at the courthouse (or online if its available in their county) to monitor when the evidentiary hearing is scheduled.

 

[Ohiogal]

I am sure that dad filed for emergency, temporary custody because mom was in jail, and was granted that custody. It won't become permanent until a full evidentiary hearing is held.

Once mom gets out of jail she will have to take it back to court...or will hopefully be out before the full evidentiary hearing is held.

OP could help mom by reviewing the court file at the courthouse (or online if its available in their county) to monitor when the evidentiary hearing is scheduled.

Actually the best way for OP to help mom is to get mom an attorney. Having him do anything could result in actually hurting mom since he has no legal background or even basic knowledge in order to tell mom what is in the file.

 

[LdiJ]

Actually the best way for OP to help mom is to get mom an attorney. Having him do anything could result in actually hurting mom since he has no legal background or even basic knowledge in order to tell mom what is in the file.

Valid point.