How likely is the court to give custody back to parents who lost custody 5 years ago?
Full Question:
My husband and myself gained parental rights and parental allocation for our 3 grandchildren 5 years ago. We are in control of the visitations, and have just now started getting child support from the parents. My question is two fold, First-the parents are under the impression that since social services is not in the picture any more that we can just give them back the children, and how do they get information to prove this is not correct? 2nd, how likely is a court to return the children to the parents if it has been this long since they have been part of their lives?
09/27/2007 |
Category: Courts |
State: Colorado |
#9182
Answer:
The applicable Colorado statute is as follows:
14-10-131. Modification of custody or decision-making responsibility.
(1) If a motion for modification of a custody decree or a decree
allocating decision-making responsibility has been filed, whether or not it
was granted, no subsequent motion may be filed within two years after
disposition of the prior motion unless the court decides, on the basis of
affidavits, that there is reason to believe that a continuation of the
prior decree of custody or order allocating decision-making responsibility
may endanger the child's physical health or significantly impair the
child's emotional development.
(2) The court shall not modify a custody decree or a decree allocating
decision-making responsibility unless it finds, upon the basis of facts
that have arisen since the prior decree or that were unknown to the court
at the time of the prior decree, that a change has occurred in the
circumstances of the child or the child's custodian or party to whom
decision-making responsibility was allocated and that the modification is
necessary to serve the best interests of the child. In applying these
standards, the court shall retain the allocation of decision-making
responsibility established by the prior decree unless:
(a) The parties agree to the modification;
(b) The child has been integrated into the family of the petitioner with
the consent of the other party and such situation warrants a modification
of the allocation of decision-making responsibilities;
(b.5) There has been a modification in the parenting time order pursuant
to section 14-10-129, that warrants a modification of the allocation of
decision-making responsibilities;
(b.7) A party has consistently consented to the other party making
individual decisions for the child which decisions the party was to make
individually or the parties were to make mutually; or
(c) The retention of the allocation of decision-making responsibility
would endanger the child's physical health or significantly impairs the
child's emotional development and the harm likely to be caused by a change
of environment is outweighed by the advantage of a change to the child.