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Colorado Questions & Answers
1 Answer | Asked in Business Law, Government Contracts and Intellectual Property for Colorado on
Q: Does my company own the right to my licenses?

During the course of my employment with my current employer I uptained my professional engineer (PE) license. I paid for all classes, books, exams out of my pocket. I even took paid time off to take the exam. My company really wants to use this license on their proposal work in order to win more... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Oct 27, 2021

The company does not have the right to use your property without your permission. Get your request in writing and then if they don't comply within 10 days go get a lawyer.

Also, if you're a W2 employee and you were told you would receive a pay increase and you didn't file a...
Read more »

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Colorado on
Q: What can I do if my ex wifeletting my 11 year old son drive a motor vehicle with he’s 6 and 5 year old sisters in ca

Can I get custody of my children

Sabra M. Janko
Sabra M. Janko answered on Oct 27, 2021

The legal standard for a restriction on parenting time is endangerment. The best way to establish endangerment is with a Department of Human Services investigation. If you believe that the child is being abused or neglected, you can make a report to the Department of Human Services.

1 Answer | Asked in Divorce for Colorado on
Q: I'm married by common law and have a 18 month old daughter. Do I need to file for divorce?

I am a veteran and they both are considered my dependents and that we are married.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 26, 2021

In Colorado, a common-law marriage is as legal as a ceremonial marriage. So, yes, if you have a common-law marriage, you need to file for divorce if you want to dissolve that marriage. You will have the same issues to resolve as any other divorce, such as custody, child support, property division,... Read more »

1 Answer | Asked in Education Law for Colorado on
Q: My son has a 504 plan in 6th grade was put in a room by himself cause he refused to wear a mask. is that legal?

I sent the school a letter stating that I refuse them to put a medical mask on my child. They will not comply. When my son showed up to school Thursday without a mask they removed him from class and put him in a room by himself with no direction from his teachers on how to do his school work. He... Read more »

Kimberly Winslow
Kimberly Winslow answered on Oct 15, 2021

I'm not sure if this is still an issue, but the 504 plan is to accommodate your child's disabilities so he can access his education. Is he physically unable to wear a mask due to his ADD? If so, you should meet with the 504 team to discuss what types of accommodations can be put in... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: If a parent has medical decision-making authority, can she require I be vaccinated in order to see my daughter?

The mother of my daughter (custodial parent) is refusing my visitation due to my non-vaccinated status. She states that because she has medical decision-making authority over my daughter, she can require this. I have offered to take a COVID test on the days of my visits and wear a mask but she says... Read more »

Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

She does not have decision-making authority over you and she can not require that you be vaccinated. You are entitled to parenting time by virtue of the court order and she is obligated to allow it.

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Can you ask for Alimony without being married. But have been living together in Colorado for 5 years and have two child?
Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

If you are common law married you can ask for spousal maintenance, however to be considered common law married, you would have to have held yourselves out at married to others.

1 Answer | Asked in Child Support for Colorado on
Q: What to do when no child support order is in place?

Had a combined family support order ( child support and alimony) in place for the last year. It ended with the September 1st payment. I do not want to fall behind or get ordered to pay back child support. But there is no longer an order in place.

Correct me if I am wrong but without an... Read more »

Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

It is unusual that a support order would expire before the age of majority. If you do not have a support order and want one, you can file for an allocation of parental responsibilities in court or you can go through Child Support Enforcement to set up an order though an administrative process.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What can i do when one of my witnesses wants to withdraw from testimony, after being harassed?

Im in Colorado. I i have a final orders hearing in my custody case on oct 13th. Ive entered my witness list and now my babysitter wants to withdraw from being called as a witness because of retaliation from the petitioners family.

Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

You can subpoena her which means that she will be in contempt of court if she does not testify and she can report harassment to the police. She can also choose not to respond to contacts from people engaging in harassing behavior. Whether you want to put her in the position of having to testify is... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I have a court order to split children for taxes but they spend the majority of the time with me. How do I change that?
Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

You could file for a modification of child support based on a substantial and continuing change of circumstances if that is the case. The tricky part for a tax issue is that substantial and continuing means that there has to be a plus or minus 10% change in support. You may have tax options that... Read more »

3 Answers | Asked in Immigration Law for Colorado on
Q: Can a immigrant get a new passport after lost?

Good afternoon, I have a problem and I would like to know if you can offer me any option, my partner has been staying extended or has passed his stipulated permit for a year now. He had a CC that he lost and the passport was his only identification, if he shows up at the Colombian consulate right... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Oct 14, 2021

Contact the consulate to know their requirements.

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1 Answer | Asked in Car Accidents for Colorado on
Q: What can happen if I was in a car accident and did not have valid registration and no insurance. But the other driver w
Tim Akpinar
Tim Akpinar answered on Oct 10, 2021

A Colorado attorney could advise best, but your post remains open for a week. Your question may not have been completed. Until you're able to have a meaningful consult with a local attorney, in many jurisdictions nationwide, it sometimes means that remedies for pain and suffering are... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: If person (a) owns a home by title and deed but has a mortgage tied to previous owner (b) can (a) sell the house?
Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2021

It would be a sale subject to the existing mortgage lien. And there may be buyers willing to take it subject to the mortage, or even assume personal liability on the mortgage note. However the lender with the secured mortage might not approve of the new owner, and foreclose on the mortgage... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: ls a court summons severed to the wrong person that also does not live here a legal summons?

Saturday afternoon l had a process server come to my door and said do the LaGasse's live here. l said yes. he gave me an envelope and turned around and mentioned my son Joshua's name as he walked away. L don't have very good hearing. lt was a very confusing moment. He did not ask who... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 5, 2021

Service on a family member who lives here is valid. So, IF your son lived there, that would be valid service on him. Since he does not live there, it is not good service. The PROBLEM is that the return of service will state that it was served on a family member who lived with your son. The court... Read more »

1 Answer | Asked in Criminal Law and Small Claims for Colorado on
Q: I just went to trial on on a crimail case and was found guilty by a 6 man jury. Is that correct or is it 12 ?
Patterson S. Weaver III
Patterson S. Weaver III answered on Oct 4, 2021

In Colorado, juries in misdemeanor cases are 6 people. Juries in felony cases get the full 12 jurors. If your case was a misdemeanor case 6 jurors would be the norm.

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Colorado on
Q: Needing to find a lawyer for wrongful termination, discrimination and retaliation against a company policy. HELP?!

I was just terminated due to violating company policies. Supervison stated I wasn’t following their company credit card policy procedures due to one transaction I had that was over $150,000 when another director(manager) was there during this transaction as well. The policies were never explained... Read more »

Niran Grimberg
Niran Grimberg answered on Oct 3, 2021

A lot more needs to be known regarding your situation in order to assess whether you have any legally actionable claims. I highly recommend you have a free consultation with an employment attorney so see whether you have been discriminated or retaliated against for any unlawful reasons.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How would I go about terminating parental rights?

There is no father listed on the birth certificate. There is no paternity established or being established.

Sabra M. Janko
Sabra M. Janko answered on Sep 30, 2021

You would have to establish paternity first. Then you would have to have a stepparent available to adopt the child, or you would have to have a finding of abuse or neglect on the art of the other parent and a period of time where the parent would be given the opportunity to rehabilitate.

1 Answer | Asked in Employment Law for Colorado on
Q: Can employer change my time card to say i took a longer lunch than I actually did?

My employer says that they have to give us 30 minute lunches no matter what. In the past I have taken a 15 minute unpaid break and gone and clocked back into work. My employer went in after and changed my time card to say that I actually took a 30 minute unpaid meal and said that they have to make... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 29, 2021

Break times of 30 minutes or more can be unpaid, but this must be an "uninterrupted" break. If you have to work during any portion of the 30 minutes, you must be paid for the time you work. However, your employer can adopt a policy prohibiting employees from working during their lunch... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Is unpermitted work during a house flip required material fact for disclosure in the sale/purchase process in Denver, CO

I recently bought a house that I have found out does not have permits pulled for any of the flip work that was done and this was not disclosed during the sale process. I am now having multiple problems only a few months later and need to know if unpermitted work is a required material fact needing... Read more »

James A. Greer
James A. Greer answered on Sep 26, 2021

Dear Home Purchaser: Material facts need to be disclosed. And, unpermitted work MAY rise to the level of materiality. However, it depends on the nature, scope and type of unpermitted work. If the problems you are experiencing are directly related to the unpermitted work, and if knowledge that this... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My ex-wife and I still have a home together. Divorced three years, she is still there. I would like to get out now.

I left three years ago and she said she needed to stay until she could qualify for a loan. I have allowed it for three years and never said a word. Now she is dragging her feet and doe snot want to do it. Even though I have offered to help and do all the paperwork, calls and leg work for her.... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 23, 2021

this depends on what you divorce decree says about the house. The court will enforce the terms of the decree. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do if I know my coparent lied on a motion to the court, on a contempt motion against me?

I have a text that says I could watch the kids and he would pick them up at 350pm that afternoon.

John Hyland Barrett III
John Hyland Barrett III answered on Sep 21, 2021

You can present this evidence at the contempt hearing. Depending on what it is, it may or may not help you. You should get a lawyer to help you with this.

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