Stephen J. Plog's answer 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.
Stephen J. Plog's answer 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.
Stephen J. Plog's answer 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.
Stephen J. Plog's answer 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.
Stephen J. Plog's answer 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 contact police to have them do a welfare check at the home. If you have specific safety or environmental concerns you are aware of you need to discuss those with a child custody attorney to assess...
Stephen J. Plog's answer 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. Generally, that would be clothes, toiletries, personal effects, etc.
Stephen J. Plog's answer 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 orders are modifiable. As such, the court could still conduct a hearing based on her motion, even if the 4/3 order was in effect and this time and not dismissed, and then modify that order.
Stephen J. Plog's answer 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, rights, and options in more detail.
Stephen J. Plog's answer If you are receiving any sort of public assistance they may not let you close it. If not, you could ask them to withdraw from the case and file a joint stipulation with the court to dismiss the case.
Stephen J. Plog's answer 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.
Stephen J. Plog's answer 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 court to enter financial orders he has to actually be served. Additionally, you might try a private process server.
Stephen J. Plog's answer 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 that is what a court should hold him to. We would all love to work less or have the dream job to spend more time with our kids, whether going through a divorce or not. The financial realities of life...
Stephen J. Plog's answer 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 specific facts need to be known by and discussed with an attorney before anyone can tell you your options. If you are truly unable to pay right away you may need to prove that down the road.
Stephen J. Plog's answer 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 issued. You should consult with a child custody attorney.
Stephen J. Plog's answer 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 an affidavit pursuant to CRS 14-10-132.
Stephen J. Plog's answer 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 filing quickly. For custody purposes, your son is an adult and there is nothing for you to file in that regard.
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.