Conference quokka::non_custodial_parents

    
    
    If you live in Colorado, and will contact me either here or offline,
    I can probably give you copies of all the laws and filing that I
    did.  
    
    fred();
    592-4144

    
    In note 62 you can find some of the things I documented in getting
    custody of my children, including the Change of Custody Order with
    the judges comments on the laws referenced.  Note 69 has some 
    discussion on being your own lawyer.
    1) Be especially wary of lawyers that will tell you that this will
       be "a piece of cake".
    
    2) Go to the local library (public or college).  Their reference
       section should have a copy of the state law books (in Colorado
       known as C.R.S. or Colorado Revised Statutes).  Ask the librarian
       for help if needed in locating information in the books.  There will
       be specific sections on "family law" ( in Colorado, title 14 ), and
       specific laws on "child custody" and "change of custody".  Read
       them, study them and the notations of case examples that were 
       argued in front of the State Supreme Court ( usually listed in
       the law books along with the laws).  Also check on laws and times 
       allowed for "service" (of papers on the other party) and "response"
       (time allowed for the other party to respond to your request).
    
    3) In Colorado, there is no age stated where a child can choose 
       which parent they want to live with, but the Judge will usually
       take the child's wishes into account.  One of the specifics the 
       law states is "that the child has been living with the ncp 'with 
       the consent of the cp' for six months or more".  Be aware.  The Cp 
       still legally has custody.  The first time I went for custody, the 
       first thing she did was show up with 3 police cars, 6 police, and 
       the custody papers and grabbed my son back.  Many states do, however,
       have specific laws that state that after a certain age, the child
       can choose which parent they wish to live with.
    
    4) I used some of my old court papers as forms to go by to create
       my own filings.  The Clerk of the court cannot advise you on the
       law or court strategy, but they can (although they'll pressure
       you to get a lawyer) tell you what papers need to be filed, when
       and how.  You may be able to find a lawyer that will sell you
       a couple hours worth of advice and direction and go over your
       papers for you to make sure they are in the correct form and order.
    
    4) In Colorado you have to:
    
    	a) File a 14 day notice that you are going to file for change
           of custody.
        b) File a specific request for change after the 14 day time period
           stating specific facts and references to laws that will justify
           the change.
        c) With the request, file an affidavit ( notarized statement ) of
           the party stating in his/her own terms what has been happening
           and why you are making this request for change of custody.
        d) Serve the papers on the other party.  In most cases this can
           be done by mailing copies of all your court filings to the
           other party (to their attorney if they have one), and filing
           a notarized statement to the court that you mailed these papers
           to other-party at such-and-so address on such-and-so date.
    	   In some instances, however, "personal" service must be made
    	   by a third party (process server).  Most Sheriffs departments
           in the county of the person to be served have a section that
           will do this for you for a nominal fee.
    
    	e) The other party then has a specific amount of time ( In CO about
           two weeks after filing the specific request ) to file a reply.
    	   If they don't file the reply, you are about home free,  if they
           do file a reply, then the court will likely set a hearing date.
    
    Hope this will help to get you started.
    fred();