Im trying to get Custody of my 3 year old son.

[CJane]

I dunno, Dad...

Mom's argument -

Your honor, between March and September, when we were still living in CO, the Father only visited the child a couple times a week inside my home. On nights I needed to work, he kept the child overnight. But he was certainly not the primary care giver, or even the half time caregiver.

When we moved to TX in September, father did not attempt to prevent the relocation, did not file to have the child returned to CO, and made no concerted effort to visit with the child despite having contact information for us.

It wasn't until after we were involved in a car accident and I was grief stricken that he requested I allow the child to stay with him for a few months - after not having seen the child in nearly 6 months - and as soon as the child was in his possession, he filed for custody.

He's not the primary parent and never has been, he hasn't pursued a court order for visitation at any point, and hasn't shown any great concern for where the child and I live.

Father isn't even available to provide care for the child NOW, as his work schedule basically ensures that the child is cared for primarily by his wife and spends very little of his time with his father.

 

[Je252b]

I visited my son when she would allow it and when i wasnt at work. He spent the nights with me on my days off. I have provided for him financially since he was born. Before she moved to Texas I had filed a petition for a parenting plan. when she moved to Texas she had me served with papers from Texas. I hired a lawyer the case in Texas was dropped. I then hired and attorney in Colorado and he set up a court date here. While she moved to Texas she was first living with her grandpa where i could not go because he wouldnt allow me to go there to visit my son. She then moved in with a boyfriend in another town in Texas and I didnt have a address, phone was blocked and so was facebook. I offered to fly her and my son back to Colorado so i could see him and she wouldnt do it. I did make alot of attempts to see my son. she just wouldnt let me. If I went to where she moved I wouldnt know where to go to find my son. She is always partying and also works two jobs. she just told me that she wants me to keep my son for a year so she can go to school then giver her primary custody after she finishes school. She cant just decide for me to keep him for a year then take him away from me when she wants. she has had 4 adresses in the past year and just finally got her own place about a month ago. she rarely calls.