coloradocowgirl
Junior Member
What is the name of your state? Colorado
My soon-to-be-ex and I are in the process of getting divorced; we will be going to mediation for a few unresolved issues; both of us are pro se. We have a daughter who is just shy of 3 years old. I have a few questions regarding parenting plans/parental responsibilities:
1. I have been the primary caretaker of our daughter. I have done the majority of dropping her off and picking her up from daycare. I was a part-time stay-at-home Mother for a while. When my husband worked nights, our daughter was my responsibility. Will this be factored in when considering the division of parenting time?
2. We do not have a temporary parenting plan in place while we work out the details of the divorce. We had a "verbal agreement" that we were working with, but that plan hasn't worked out. First he needed a break after work, so couldn't take our daughter in accordance with the verbal agreement (which was initially 3 nights, knocking it down to 2). Then he needed to work more so could I please watch her more (which I agreed to; knocking it down to 1 night a week). We returned to the "verbal agreement" plan (3 nights), and our daughter did *not* handle that well. When I tried to discuss her reactions, he wouldn't listen. Now he is saying that I *have* to adhere to the verbal agreement or he will call the police and have them force me to give our daughter to him. I have already confirmed that the police won't touch that situation (outside of their jurisdiction), but my question is, will the court take into account his behavior regarding the informal agreement? How negatively will it reflect on me if I refuse to give him our daughter for the informally agreed on time of 3 days? Will the court take into account the reactions our daughter has had to the 3 days with her Dad? Additionally, if he does call the police and try to have them take our daughter, will the court take that kind of radical action into consideration and might that impact the decision?
3. I have serious concerns about standing up to him and then him taking off with our daughter. In the event that happens, is there any legal recourse at this point? Keeping in mind that we are both legally her parents, and no court ordered agreement regarding parenting time, at this point.
4. With regards to child support payments, he has said that he wants to pay the daycare directly. Because finances and financial obligations have been such a trial with him, I want an income assignment (he has not been reliable about contributing to her daycare expenses since we seperated) through the family support registry. Basically I don't want to bear the responsibility of prying money from him. Is the court likely to authorize him making payments to the daycare directly?
5. I intend on utilizing the child support worksheet and asking for the recommended amount of child support. How likely will it be that the court adheres to that? I know that my soon-to-be-ex would prefer not to pay child support at all.
Any thoughts you have would be appreciated!
My soon-to-be-ex and I are in the process of getting divorced; we will be going to mediation for a few unresolved issues; both of us are pro se. We have a daughter who is just shy of 3 years old. I have a few questions regarding parenting plans/parental responsibilities:
1. I have been the primary caretaker of our daughter. I have done the majority of dropping her off and picking her up from daycare. I was a part-time stay-at-home Mother for a while. When my husband worked nights, our daughter was my responsibility. Will this be factored in when considering the division of parenting time?
2. We do not have a temporary parenting plan in place while we work out the details of the divorce. We had a "verbal agreement" that we were working with, but that plan hasn't worked out. First he needed a break after work, so couldn't take our daughter in accordance with the verbal agreement (which was initially 3 nights, knocking it down to 2). Then he needed to work more so could I please watch her more (which I agreed to; knocking it down to 1 night a week). We returned to the "verbal agreement" plan (3 nights), and our daughter did *not* handle that well. When I tried to discuss her reactions, he wouldn't listen. Now he is saying that I *have* to adhere to the verbal agreement or he will call the police and have them force me to give our daughter to him. I have already confirmed that the police won't touch that situation (outside of their jurisdiction), but my question is, will the court take into account his behavior regarding the informal agreement? How negatively will it reflect on me if I refuse to give him our daughter for the informally agreed on time of 3 days? Will the court take into account the reactions our daughter has had to the 3 days with her Dad? Additionally, if he does call the police and try to have them take our daughter, will the court take that kind of radical action into consideration and might that impact the decision?
3. I have serious concerns about standing up to him and then him taking off with our daughter. In the event that happens, is there any legal recourse at this point? Keeping in mind that we are both legally her parents, and no court ordered agreement regarding parenting time, at this point.
4. With regards to child support payments, he has said that he wants to pay the daycare directly. Because finances and financial obligations have been such a trial with him, I want an income assignment (he has not been reliable about contributing to her daycare expenses since we seperated) through the family support registry. Basically I don't want to bear the responsibility of prying money from him. Is the court likely to authorize him making payments to the daycare directly?
5. I intend on utilizing the child support worksheet and asking for the recommended amount of child support. How likely will it be that the court adheres to that? I know that my soon-to-be-ex would prefer not to pay child support at all.
Any thoughts you have would be appreciated!