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In re Marriage of DePalma

Colorado Court of Appeals
176 P.3d 829 (Colo. Ct. App. 2007)


Facts

Jon DePalma (plaintiff) and Melissa DePalma (defendant) had two children and were divorced. Jon and Melissa shared custody of the children and had an agreed-upon parenting-time schedule. Jon remarried. Jon was in the Air Force Reserve and was occasionally deployed overseas. Jon filed a motion with the court, seeking to establish that the parenting-time schedule should remain in effect while he was deployed abroad. Jon stated that when he was deployed, his new wife (the children’s stepmother), would care for the children during his parenting time under the schedule. Melissa opposed the motion, arguing that Jon was attempting to establish parenting rights for his new wife. The trial court ruled in favor of Jon. Melissa appealed.

Rule of Law

Issue

Holding and Reasoning (Graham, J.)

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