If there is an order saying the parents must provide the other with their address then you would need to provide it. If there is not an order you don't have to. However, most courts believe that each parent does have the right to know where their child is living and will readily grant a...Read more »
My brothers ex-wife is trying to have her new husband adopt my brothers biological daughter. Our entire family including my brother does not want this to happen and we try to be in her life, but her mother is making that almost impossible.
Unfortunately, if he is in prison and unable to see the child there may be nothing you all can do to stop the adoption. Pursuant to adoption law, if a parent has abandoned a child for a year or more the parental rights could be terminated as part of an adoption. Not seeing the child while in...Read more »
My ex husband has a traumatic brain injury due to a car accident. The court granted me full custody. Aside from the accident he didn't want to care for our son. My ex husband is now married to a wife who also has a disability. She wants me out of the picture, so they are trying to get full... Read more »
The standard to change primary residential custody is that there is physical or emotional danger such that custody needs to be changed. Unless they can somehow prove that, they shouldn't be able to make a change in residence. That being said, you cannot prevent them from filing a motion....Read more »
Step daughter physically Faught I changed her school and she’s been living with me full time she recently was hospitalized and has so many emotional issues he won’t help money or with her is this grounds to modify and ask for child support I miss work to get her to appointments
It sounds like there may very well be grounds to seek a modification. You should consult with a family law attorney regarding the specifics of your case and to potentially seek representation for the modification.
Pursuant to CRS 14-10-122, there needs to be a substantial and continuing change in circumstances. She can certainly file a motion to modify child support if incomes have changed or other circumstances have changed such that child support would up by 10% or more. However, the baseline should be...Read more »
Just prior to her delivery, the estranged mother of my child admitted to smoking marijuana to the hospital and had the umbilical chord tested which came back negative, her urine test also came back negative. I was at a dinner gathering where I actually witnessed her leave to smoke marijuana with... Read more »
More information is needed to assess your situation and there is no clear cut rule or law on this issue. Unfortunately, the perceptions today in CO are that marijuana is legal and no different than alcohol. Though not optimal, mothers who are breastfeeding from time to time might have a drink....Read more »
If she files for divorce, you do have the option to check a box on your written response indicating you don't believe the marriage is irretrievably broken and request counseling. If a court were to grant such a request, which I have never seen in almost 20 years of practicing, all that would...Read more »
Mother was given a restraining order and primary custody and was told she could give father a parenting plan that she was comfortable with. Mother gave supervised visits.Two weeks later, all parties agreed to keep the plan in place in regards to time but unsupervised until temp orders.... Read more »
More information is need to answer your question. If the magistrate just erased back maintenance that we due and owing under court order, that is likely judicial error. If the magistrate declined to order retroactive support, they do have that discretion if they believe application would be a...Read more »
in 2009 I made a mistake of marrying a Brazilian woman in Brazil, it ended up not going well and we agreed to divorce. I sent her the money for the divorce but instead she pocketed the money and never filed. After 8 years I just now found out that we are not legally divorced, what can I do?
If you have lived in CO for 91 days or more, you can file for divorce here. If she will cooperate, great. If not, you will need to try to get her served. If that can't be done, after reasonable efforts, the court can allow you to serve her via publication in a local paper. After deemed...Read more »
Unless the case is moved to Boulder, you would need to file in Denver, in the same case. Given that both of you live in Boulder, you should file a motion to change venue pursuant to CRCP Rule 98. You could file that at the same time as your motion to modify, though optimally you might want to...Read more »
The child support enforcement unit has caused every problem I have in making my payments since losing a job in Oct 2016. (No fault of my own BTW) They raised my payment obligation from $1179/mo to $1450 when I was unemployed and that caused an arrears balance to pay.
If they have validly suspended your license, your only real option is to get the arrears balance paid. You could potentially seek to modify the ongoing child support. If you are unable to work, which it seems you are, due to their actions, it's unfair for them to push for the continued...Read more »
My ex has a big bank account but no job. I have no money and no job. I am a stay at home Mom taking care of our daughter. My ex doesn’t give us money to live on since he moved out of the house. I’m fighting for custody and he has an aggressive attorney. What can I do since I can’t afford an... Read more »
I am the custodial parent but share parenting time with her dad. His parents often see my daughter when he has parenting time. He is voluntarily leaving the state for work, temporarily. I am able and willing to keep my daughter the whole time he will be gone but he wants me to send our daughter to... Read more »
Unless there are orders giving you the right of first refusal while he is gone, legally he has the right to say she should be with his parents during his parenting time. You do not have to make accommodations regarding pick ups and drop offs, but would need to follow court orders.
My 11yr old daughter and 9 yr old son primarily live with me, but their father now is threatening to take me to court for more over nights. My children nor I do not want that. My children have been wanting to just live with me, my husband, biological older brother and step sister. Can they choose... Read more »
At this age, kids do not get to choose or dictate parenting time schedule. If they have concerns regarding time with their father and/or strong wishes, you might consider asking the court to appoint a Child and Family Investigator. The CFI could get the kids wishes and concerns to the court via...Read more »
If you have been served with papers you will need to deal with them in a timely fashion. More information is needed to answer your question and not sure what your question is? If you are asking whether she could get child support, more information is needed, particularly as to parenting time...Read more »
I've recently moved to North Dakota from Colorado and my child is living with her father for the time being. He's recently been contacted from social services about her well being and they're concerned about her environment at home with him. Since there never was a parenting plan put... Read more »
Has social services opened a court case? If so, you cannot. Does the father agree to send the child to ND? If so, and presuming no SS court case, you should be able to do so. If the father does not agree and there is no private or SS case pending, you could move your child to ND. However, if...Read more »
You should get a divorce. Without a divorce, you are still married and the house you purchase would be considered marital property. You could have her sign something saying she waives any interest in the new house, which could be helpful evidence if she later tried to make a claim for it in a...Read more »
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