If there is a no contact order against me for my daughters mom but we have 50/50 custody can I get in trouble for talking to her or picking my child up?
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If there is a no contact order against me for my daughters mom but we have 50/50 custody can I get in trouble for talking to her or picking my child up?
There’s a no contact order in place
with my ex but we have 50/50 custody
with our child. So could I get in
trouble for talking to my ex about our
child or picking g my child up?
Asked on May 27, 2016 under Criminal Law, Colorado
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If there is a no contact order against you, then you could get charged for violating that order if you go to pick up your child in person. You would have a potential defense in that the custody order would give you some authority to communicate with her for parental reasons. However, you would still have to put up a defense.
A safer option is to have a third party assist with communication and pick up of your child. That reduces the risk of being charged with a violation. The best option, however, would be to have the contact order modified such that it either (1) allowed you to contact her for the limited purpose of co-parenting or (2) appointed a parenting facilitator to effectuate the same. This option prevents any conflicts between the two orders.
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