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He had not seen my son in 14 months and before he left to go to Army my son stayed with him more often to mend things but not exclusively and now he hasnt seen our daughter in over a year and he is also claiming that he had her exclusively for a period of time which is a lie as well. He is trying... View More 
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answered on Oct 19, 2017
More information is needed to fully assess your situation. If kids are not with him he doesn't get child support moving forward and may owe child support going backwards. He might have a basis for retroactivity tied into your son and I do mean "might" only. You need to consult... View More
The father lives 4 hours away and in the 7 months since our son was born his father has visited a total of 9 hours. Our son lives with me 100% time. The father has a history of alcohol abuse and continues to drive without a license, which makes me doubt his ability to make rational decisions. He is... View More
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answered on Oct 18, 2017
If you are wanting to file without a lawyer, you can get instructions and forms in the self help section of the state Judicial Branch website. If you are looking for an assessment of whether you will get "full custody," more information is needed. If by "full custody" you... View More
I am planning on going to PA from CO in December for a week with my son to visit family. The courts have not been involved with custody so far and I am the only caregiver for my son but his father does pay child support. Do I need to get his permission to travel with our son out of state? I have... View More
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answered on Oct 18, 2017
If there are no custody orders in place and no pending custody case you do not need his permission to go. You have informed him, which is good, though didn't technically even need to do that. If you just moved to PA that might be a different story. Have a great vacation.
Married for 7 years, file taxes together. She decided to stay and said the house was valued 20k less than it is. The other day I found the appraisal. Haven’t said anything yet. I already signed the papers passing the house to her name. Can I appeal in court? Can she get in trouble for that?
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answered on Oct 18, 2017
Some of this depends on how long ago the divorce was done. If within 182 days, you may be able to seek relief under CRCP Rule 60 based on fraud. You might also be able to reopen the case as to the property issue for up to 5 years pursuant to C.R.C.P. Rule 16.2. More information is needed to... View More
Biggest reason why I asked we've been together 8 years now. He cannot keep a good job to help me with any bills. He does not even help me with mortgage. I Am The Sole Provider for my family that's medical insurance to everything. Everytime I go to leave him he is always constantly... View More
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answered on Oct 17, 2017
A lot more information is needed to determine whether you would get custody of your son. You not being married would not be a basis for you to have sole or full custody. Financial considerations will not keep a parent from having decision-making or visitation with a child. If he is unable to... View More
to list it as an asset, along with any other assets acquired after the separation on the financial statement?
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answered on Oct 16, 2017
The sworn financial statement requires you to list all assets you have, not just ones acquired before separation. That does not mean arguments cannot be made as to what is marital, what is fair, etc, but you are required to list everything.
How successful would I be in changing a joint decision making order from 8 years ago to a sole decision making, sole physical custody order when the father moved out of state and refuses to disclose phone number or address? He moved 3 months after initial court order. This was 8 years ago and child... View More
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answered on Oct 16, 2017
If he has had nothing to do with child, refuses to provide phone number, address, or way to communicate, it seems that you would have a good shot at modifying decision-making to sole. Additionally, parenting time could also be modified. Not sure what you mean by "take her to his state"... View More
He is current in his child support it continues to state how he does not what any children in his life and will never follow visitation.
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answered on Oct 16, 2017
Termination of parental rights means that the actual parent/child tie is cut and he would no longer mean he is the father. That would also mean he pays no support. His rights cannot be terminated unless as part of adoption proceedings or tied into a DHS case. If the question is whether all of... View More
The probate judge for my son's case not only found me to be a fit parent but found it in my son's best interests to be returned to me and his 3 sisters (termination of guardianship date already set in place. The guardian (after the ruling), (paternal grandmother) has just filed an APR... View More
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answered on Oct 12, 2017
You need to consult with an attorney and need to make sure your response to the custody petition is filed on time. You could argue that the facts and circumstances tied into the child have already been adjudicated at the district court level such that the probate order should supersede and stand.... View More
I was engaged to girl and we had a child together. She recently ended things. She moved to be closer to her family and has our child during the week. I take him on the weekends. I want to see my son more, but want to keep things peaceful for son who just turned 2. How should I handle child support?... View More
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answered on Oct 12, 2017
If you are not getting the visitation you want with your child, you can certainly talk to the mother to see if you can come to some sort of other agreements. If not, your only option with enforceability would be to file a custody (allocation of parental responsibilities) case in the county where... View More
and allowed my son, or any of his relatives, to visit the children. No one even knows the children because of her mother and herself not following the court order. What can we do at this point?
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answered on Oct 11, 2017
Are you asking on behalf of yourself or your son? In either case, someone needs to consult with a family law attorney. Additionally, a lot more information is needed before anyone can give a meaningful answer in terms of what can be done. If the orders haven't been followed for 12 years,... View More
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answered on Oct 11, 2017
Seizure of the mobile home is unlikely but the state could absolutely put a lien on the mobile home.
The actual ruling states -'This Court can award attorney fees based upon Title 14, as well as Title 13. Title 14 allowed the Court to consider the financial resources of the parties, and Title 13 allows the Court to award attorney fees based upon frivolous, groundless, or vexatious actions.... View More
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answered on Oct 4, 2017
You will need to discuss this with your attorney. Each attorney is going to handle things differently. If you signed a contract with your attorney, which you presumably did, your attorney is still going to want payment. If he or she says they can wait to get paid from the other party so be it.... View More
My daughter's mother and I, drafted a agreement to alter days and times of our shared custody while I was laid off from my job. And now that I am working again, the days and times are not achievable with my schedule, and she is unwilling to change our hand written agreement. Does the agreement... View More
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answered on Oct 4, 2017
If the agreement was submitted to the court and made an order of the court it is a legal document and binding. If it is just something you all signed and is no longer doable, then your move is to tell her you're going back to what the court orders say, which would be the only legally binding... View More
My son has joint custody with the mom who moved out of state when child was 3. This is my 3rd year bringing het to Colorado to work for the winter. I've raised her since birth. Up until 3 i had her 4 days per week and her mom had her 3 days. She'll be 10 in Dec. My son now wants her... View More
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answered on Oct 3, 2017
You need to consult with a family law attorney to discuss your situation in detail. It sounds like you may have what's called "standing," meaning legal grounds to file a custody case. To ultimately gain custody you will need to show the court clear and convincing evidence that it... View More
The judge did not allow for a status conference in our temporary order for consideration of more partenting time. I have many facts in which my ex lied about in court and to the cfi. Plus, he is to support a positive relationship with me, which he has erased me from their lives. The court... View More
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answered on Oct 3, 2017
More information is needed to properly advise you regarding how to bring the perjury to the court's attention. Presuming some sort of court order was just entered, you may be able to file a motion under Colorado Rules of Civil Procedure Rule 59 or 60. You should consult with a family law... View More
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answered on Oct 3, 2017
If this is a DHS case, you should be given a court appointed attorney paid for by the state. You need to consult with an attorney who deals with "Dependency and Neglect" cases, which is different from a normal child custody case.
Agreed upon stipulation of parenting time from a motion to modify parenting time. Ex did not follow this so I filed a motion to enforce my parenting time. Our agreed upon stipulation was based on the investigator report.TThis stipulation was to increase my parenting time back to 50/50 in 6 months.... View More
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answered on Oct 2, 2017
More information is needed to answer your question and you should consult with a family law attorney. If the court has not ruled on the motion to enforce parenting time you might call the division to inquire as to your next steps or what the judge is planning on doing.
My wife and I are divorcing. We would like to mediate, but we are have a special needs kiddo (8 year old named "Grace"), who is on the CES Waiver. As part of this Waiver, my wife (Jaime) works for an Agency of the State as a Certified Nursing Assistant (CNA) to take care of Grace. We are... View More
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answered on Oct 2, 2017
You need to speak with an attorney or someone who specifically deals with these types of benefits. Most family law attorneys can weigh in on benefits as relates to income and support, but will not know what will or will not affect the benefits. A good starting point might be the agency... View More
Parent B filed to modify medical decision-making, giving them sole authority on all medical decision-making. Parent A responded, those claims & requesting sole medical & educational decision-making.
Parent B is repeatedly & continuously unreasonable & unwilling to... View More
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answered on Oct 2, 2017
A court can look at anything either party properly puts forth as evidence. Conduct prior to the filing of a motion is relevant, though it is up to the judge's subjective viewpoint as to what weight they will put on what evidence. As such, it's very difficult to meaningfully answer your... View More
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