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Questions Answered by Stephen J. Plog
2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Does the custodial parent have to give the non-custodial parent their forwarding address?
Stephen J. Plog
Stephen J. Plog answered on Apr 10, 2018

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 »

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1 Answer | Asked in Family Law for Colorado on
Q: My brother is in prison and wants to be in his daughter's life, but the mother is trying to get her adopted. .

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.

Stephen J. Plog
Stephen J. Plog answered on Apr 6, 2018

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 »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can my ex husband and new wife take my son from me when I've already been granted full custody in our divorce?

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 »

Stephen J. Plog
Stephen J. Plog answered on Apr 6, 2018

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 »

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: My ex and I have 49 51 custody past year there has been issues surrounding his living environment my daughter and his

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

Stephen J. Plog
Stephen J. Plog answered on Apr 6, 2018

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.

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2 Answers | Asked in Child Support for Colorado on
Q: . Ex wife refused child support. Judge granted it. Can she file for child support again?

I owed less than 30$ it’s a 50/50 child custody. She threatens me to go back and request child support.

Stephen J. Plog
Stephen J. Plog answered on Apr 6, 2018

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 »

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2 Answers | Asked in Child Support for Colorado on
Q: If my child is 18 but still in school am I required to pay her child support still?
Stephen J. Plog
Stephen J. Plog answered on Apr 6, 2018

If it is a Colorado child support order, child support runs until age 19, so yes.

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: I have discovered that the mother of my child who is breastfeeding is smoking marijuana, what legal recourse do I have?

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 »

Stephen J. Plog
Stephen J. Plog answered on Apr 6, 2018

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 »

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2 Answers | Asked in Divorce for Colorado on
Q: My wife wants a divorce but I don’t. She won’t agree to marriage counseling, do I have any options in court for that?

Can I make these requests in mediation?

Stephen J. Plog
Stephen J. Plog answered on Apr 6, 2018

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 »

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1 Answer | Asked in Family Law for Colorado on
Q: A magistrate ordered temp maintenance support but declined to give back pay. Can they do that?

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 »

Stephen J. Plog
Stephen J. Plog answered on Mar 21, 2018

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 »

2 Answers | Asked in Divorce for Colorado on
Q: How can I get legally divorced from a Brazilian woman I married in Brazil, but I live in the USA?

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?

Stephen J. Plog
Stephen J. Plog answered on Mar 21, 2018

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 »

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1 Answer | Asked in Child Support for Colorado on
Q: My divorce occurred in Denver District Court. Do I have to file a child support modification there?

We both now live in Boulder County and it would much more convenient to use the local court is the reason.

Stephen J. Plog
Stephen J. Plog answered on Mar 18, 2018

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 »

1 Answer | Asked in Child Support and Civil Litigation for Colorado on
Q: Can I file a complaint and ask the court to override the CSEU's 3 month Drivers license suspension?

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.

That balance has... Read more »

Stephen J. Plog
Stephen J. Plog answered on Mar 18, 2018

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 »

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My soon to ex has a attorney but he has money. I don’t have money how can I get an attorney for custody to keep my child

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 »

Stephen J. Plog
Stephen J. Plog answered on Mar 18, 2018

You should contact Colorado Legal Services or Metro Volunteer Lawyers to see if they can help. You can also call around to attorneys to seek if someone is willing to take your case without money.

1 Answer | Asked in Family Law for Colorado on
Q: My daughter's dad will be out of state for 6 weeks, do I have to allow his parents visitation with my daughter?

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 »

Stephen J. Plog
Stephen J. Plog answered on Mar 18, 2018

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.

1 Answer | Asked in Child Custody for Colorado on
Q: Does Colorado court take into consideration which parent children prefer to live with, would they put them on stand?

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 »

Stephen J. Plog
Stephen J. Plog answered on Mar 18, 2018

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 »

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: my kids live with me go to school from my home mother has filed for child support
Stephen J. Plog
Stephen J. Plog answered on Mar 18, 2018

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 »

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1 Answer | Asked in Child Custody for Colorado on
Q: Son is 13 mom is being relocated to Texas for job. She has custody and I have every other weekend. We all have amicable

Relationship time to come to New agreement for me to see him. Can she be responsible for some of my travel expenses to Texas?

Stephen J. Plog
Stephen J. Plog answered on Mar 18, 2018

No. However, pursuant to CRS 14-10-115, costs for travel for the child for parenting time purposes should be split proportionate to your incomes.

1 Answer | Asked in Child Custody for Colorado on
Q: Can I move my child out of state and file for custody in my new state?

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 »

Stephen J. Plog
Stephen J. Plog answered on Mar 18, 2018

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 »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is there a law against kids sharing beds in CO?
Stephen J. Plog
Stephen J. Plog answered on Mar 18, 2018

No, there is not.

2 Answers | Asked in Divorce for Colorado on
Q: I have been separated from my wife for 14 years, we never got legal divorce. I want to buy a house, what can I do

Is there a legal document she can sign so not to claim on the house

Stephen J. Plog
Stephen J. Plog answered on Mar 18, 2018

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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