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


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 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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