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coloradoman09

Junior Member
What is the name of your state (only U.S. law)? Colorado
I have been raising my two sons without the support of my wife ,physical or financial,(she lives in Texas) for two years come June. What kind of custody can i get ? and are there pro-bono attorneys in Colorado Springs that can help me with this process, and if so how can i find them. I would set up a payment plan or something if i could just find someone to help me so i don't mess this up, i have purchased the doc's but theres allot there i don't understand. please help
 


mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Colorado
I have been raising my two sons without the support of my wife ,physical or financial,(she lives in Texas) for two years come June. What kind of custody can i get ? and are there pro-bono attorneys in Colorado Springs that can help me with this process, and if so how can i find them. I would set up a payment plan or something if i could just find someone to help me so i don't mess this up, i have purchased the doc's but theres allot there i don't understand. please help
If the children have been living with you for 2 years without your wife's presence, then you have a very strong case for custody, but you must do things properly. In particular, you need to focus on the children. Your case is that it's best for the children to remain in the home where they've lived for 2 years. Do NOT try to make the case that YOU deserve it or she should be punished or anything like that. You will also want to make it clear that you're not trying to prevent the children from seeing their mother. When you do your filing, include a proposed visitation plan that entitles the mother to see the children on some set schedule -- even if she has not bothered to see them before. If you give her every other weekend, she's probably not going to exercise it, anyway, but you're doing the right thing by offering. Also, in your proposal, make it clear that she is to pay the costs of transportation if she is the one who moved away from the children. If you are the one who moved away, then it's only fair for you to pay some (or all) of the cost).

It will also depend to some extent on the age of the children. If they're older, the judge may well listen to their desires (I don't think there's an exact age cutoff, but if they're 15 or older, it will certainly apply).

To find an attorney, there's a wonderful device called the Yellow Pages. Or, go to switchboard.com or any of a few dozen other online directories. Or post in the 'Find a lawyer' section on this page.

Many attorneys will give you the initial consultation for free and discuss your options for paying. A few (very few) attorneys will do pro-bono work but it doesn't hurt to ask. If you have a local law school, you can sometimes get assistance from them. Some attorneys will work out a payment schedule. Some attorneys will petition the court to be paid from marital property or ask the court to have your stbx pay (if she has a lot more money than you). In any event, there are lots of options, but it's up to you to do the leg work.

In any event, if you don't understand the forms, you're going to need an attorney. You may need to find somewhere to cut back or borrow the money or take a second job, or whatever, but you don't want to do this on your own.
 
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