Custody orders end at 18. Child support orders end at 19. Child is free to move in with noncustodial parent. If that happens, child support custodial parent is receiving becomes at risk and noncustodial parent could seek child support modification, including as to receiving support.
Ive filed motions to modify already, ive been alienated went 18 days not seeing talking to my son after we were all living daily life together my name wasn't on the lease so I had to leave, he brings a new female in home can abuser sign custody to her? Also do I file a divorce or in civil in... View More
He shouldn't be able to just sign custody over to another person. More information is needed and you should consult with a family law attorney to assess if married, your rights, options, etc. If not married any property issues would be civil.
Child support generally stops at age 19. Whether the caregiver/recipient is the biological parent is irrelevant. If the child is 18 and no longer lives with them or is no longer supported by them, then a motion to modify could be filed.
There is no law regarding this issue and courts would hope or presume that parents will use good judgment when dealing with sleeping arrangements. Most courts would not have an issue with this, particularly given the same gender, unless there was a cognizable safety issue.
I live in New Mexico, my son's mother has lived in Denver for a year with our son. She has a daughter from a previous marriage, aged 16. She is going to be moving in with a coworker and girlfriend. Both me and her daughter's father (also New Mexico) are concerned that this will not be a... View More
The first thing that needs to be determined is whether the custody orders are from NM or CO. If NM, you need to post your question for an NM attorney to answer, as the laws differ from state to state. There is not necessarily some legal way to find out of the environment is safe. You could...View More
One party (staying party) is keeping the house and it's content, except for the other's (leaving party) personal items. Where would pictures taken, framed and hung by the leaving party party fall? As house content or personal items. The pictures and their frames can be removed from the... View More
Pictures would generally be household content not personal items. However, if the person leaving had the pictures before marriage they are theirs. If they were gifted to them during the marriage they are theirs. There is not clear rule saying what is personal items and what is not....View More
In divorce court scheduled a temporary orders hearing April 5, 2018. I filed an emergency motion for the use of one of our vehicles. The court moved the hearing to April 3. My wife responded to the motion by sending her response. At the hearing my wife did not show up. I was given what I requested... View More
More information is needed to assess your situation. Technically, the court could undo its default order if it felt she stated a valid basis for not appearing. You could file a motion to dismiss her motion, but the court will not likely rule on it prior to your hearing. Furthermore, temporary...View More
I am looking at part 19 which states "I/We ask that the court enters orders regarding the -status of the marriage, -maintenance, - division of property and debts, -restoration of the previous name of the party, or -and any other necessary orders. At this point I do not know what we will agree... View More
1.5 years in mariage wife’s father deeded his house to my wife and her brother 50/50. He sold them each a 50% share for $1. We lived in the house for 1 year when she filed divorce. She quit claimed deeded the property back to her father for $1 the afternoon of the day I moved out. Can I claim... View More
If the property was never titled in your name and was a gift from her father, which is clearly was, the only thing you might be entitled to would be your share of the increase in value during the year before you moved out. You should consult with a divorce attorney to discuss your situation,...View More
The child support agency won't let me cancel the child support case they say my husband has already been served so I have to complete the process but nothing has been filed yet or taken to court how can I stop this from happening
There is no law that says you can't. However, if you are going through a custody case, some courts, experts, or the other side might have an issue with it. If able to sleep out on the couch that might be better.
We have one child and I have always been the primary caregiver, I have had only 2 jobs in our 6 year marriage, and he has had countless because he just quits jobs all the time. He refused to share responsibility of bills and the house and with our child, which is part of the reason why I filed for... View More
He has to be served. Once served you don't need him to sign anything and if he doesn't show up for court you can ultimately get the orders you want without a fight. You can file a motion asking the court to allow you to serve him by publishing notice in a local paper. However, for the...View More
Suddenly when faced with what CO calculates for maintenance and child support, given he is rarely here, he is now stating he wants to work locally, taking over a $25 dollar an hour pay cut because he "wants to be closer to our daughter." Which is a blatant lie, he's only doing it... View More
You need to consult with another attorney to go through the facts and circumstances of your case and to get a second opinion. Normally someone doesn't just get to lower their pay to spend more time with their kids, absent special circumstances. If the track record has been him working away...View More
he still have to allow visits? We were living together off & on we also violating protection order. I did file for full custody & no mediation I didn't know he retained the same attorney for custody case in Jan that he had for criminal. I haven't been able to talk or see my son in... View More
The attorney only asked for $5,000 in attorney's fees in court, and court ordered that I pay attorney's fees under C.R.S 13-17-102 when I have been prose and with harsh assumptions with no facts and disregard to my pleadings to include evidence. I am on disability from work and have no... View More
You need to consult with an attorney quickly. A court can order fees if frivolous or baseless motions are filed or things are done and it does not have to take your disability into account. That being said, there may be steps you can take to lessen the amount, challenge the ruling, etc. The...View More
More information is needed to answer your question. Are the kids on the protection order? Are there custody orders in place? Has a custody case been filed? If not, one could be filed and if she is served she cannot take the kids out of state until/unless a court order giving her permission is...View More
The motion could potentially be dismissed. If you are the co-petitioner and the other side has not yet responded, or perhaps even if they have, you could file an amended motion with signature or a motion to amend the petition. Technically, a motion to modify decision-making should also come with...View More
Mom and he agreed it was not good for him to continue living with her but I am still paying child support although paying 100% of his support to live at my house. He has been with me 30 days now and has no intention of moving back with his mom. The online help is unclear as he is now an adult so... View More
Child support runs until age 19. As such, you should either file a motion to terminate or modify child support. If your son is newly 18, you could seek support from the mother. A modification or termination of support should be retroactive to the day a motion is filed, so you should consider...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.