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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Would anything happen to my sons mother if I showed pictures of her in court on Craigslist asking information regarding

Pay and what sexual favors would need to be performed in exchange for money? The photos show pictures of her with her email address that she gave the courts and the email from her. There's also an email posting for a "Friends with Benefits" type of relationship on Craigslist as well.... View More

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answered on Dec 14, 2017

Probably not, but maybe. You should consult with a family law attorney, as more detail is needed to fully assess your situation.

1 Answer | Asked in Child Custody for Colorado on
Q: Once my daughters dad has full custody and me visitation rights can he keep me from seeing her?

Also the arrangements are on mutual agreement since I live in Colorado Springs and they live in California.

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answered on Dec 14, 2017

Presuming there are Colorado court orders, the answer is, "no," he cannot keep you from seeing her. If he is withholding parenting time you could file a motion to enforce parenting time pursuant to CRS 14-10-129.5. If they are California orders you need to consult with a CA attorney.

1 Answer | Asked in Divorce for Colorado on
Q: Can a server walk past me, and place divorce papers on my windshield without talking to me, or trying to hand them to me

The person serving the documents was the cousin of my wife. She was with him. No one mentioned what the papers were. Does this qualify as proper service?

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answered on Dec 14, 2017

Technically, the person should have handed you papers. If they tried and you refused, putting them on your windshield would have been fine. If they made no effort to do so, you could argue the service was invalid. If they file an affidavit of service with the court indicating you were served,... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: What should you do or can you do if you have an out of state full primary care custody and the other party is filing

Full custody and child support, even though she hasn't paid anything in 5 yrs, I never filed for child support. The attorney that filed the response has been an attorney for a long time, but I'm starting to feel like he isn't very knowledgeable about my case or he doesn't know... View More

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answered on Dec 14, 2017

More information is needed to assess your situation, including whether there are interstate issues that need to be dealt with. Though no attorney can guarantee anything, a food family law attorney should be able to give you at least a good assessment or likely outcome for you case, given the... View More

1 Answer | Asked in Child Custody for Colorado on
Q: Can a parent keep child custody of they are doing illegal activities?

My girlfriend is in a custody battle with her husband. He was recently granted 3 days a week. I found out even more recently after that, that he drives the kids around without a drivers license or car insurance. With that knowledge which my girlfriend didn't think to mention, would that... View More

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answered on Dec 14, 2017

Him not having a driver's licence and driving kids around without that or insurance is not likely a reason for which the court would strip him of his time. However, a court would certainly say that he cannot drive the kids without those thing. Filing a motion asking the court to order that... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: I had a 50/50 parenting agreement there has been no issues, my wife now thinks i do drugs and is demanding a hair test

I don't do drugs, and I won't take the test because she won't stop making demands, i tell ok then she say my girlfriend has to take it to from no reason. i offered UA's at pick up and drop off. She took a hair test on her own came back with high counts of marijuana but says she... View More

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answered on Dec 14, 2017

More information is needed to fully answer your question or assess your situation. You do not have to do a drug test just because she asks and I understand not wanting to bow to her demands over and over again. A motion to appoint a PRE is not an order, though if there is a PRE appointed he or... View More

1 Answer | Asked in Family Law for Colorado on
Q: My son is incarcerated.Lived with "girlfriend" (newspapers reported her as his wife). She "married" her partner in

June, 2017 (didn't "divorce" my son). Now wants to change her and my son's daughter's name to her "married" name. He is vehemently opposed and wouldn't sign papers she sent to the prison. I have his Power of Attorney. Can I oppose the proposed name change?... View More

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answered on Dec 14, 2017

If she is trying to change the name through a custody case, a court will not likely let you step in and represent him. If she is trying to do so in a county court name change case, you should call the specific court to inquire.

2 Answers | Asked in Divorce for Colorado on
Q: I've been married for 2 yrs and lived in a house that's in my wife's name for over 3yrs, paying most of the mortgage

Every month. My wife has had the house for about 8 yrs. I have done a lot to the home and put quite a bit of money into the home. Since, I've lived at the home, the house has appreciated approximately $100k. Am I entitled to half of the equity the home has appreciated since I've lived there?

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answered on Dec 14, 2017

Generally, you would be entitled to a portion of the equity or value increase during the course of the marriage. Though 1/2 would be the norm, the court does have the power to divide the equity as it deems "equitable," which means fair. As it looks like she owned the home before... View More

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2 Answers | Asked in Divorce for Colorado on
Q: When calculating spousal maintenance/alimony & my wife does not currently have a job, can I assume reasonable income?

When calculating spousal maintenance/alimony & my wife does not currently have a job, can I assume reasonable income that she should be making. It has been 10 months since we separated and she does not have a full time job. In other words, can she intentionally not work (if she's... View More

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answered on Dec 14, 2017

Unless she is disabled, the law and a court would find that she has a duty to be employed to the best of her abilities. If a court finds she is voluntarily unemployed or underemployed, it can attribute an income to her that it believes is appropriate. More information is needed to fully assess... View More

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2 Answers | Asked in Family Law for Colorado on
Q: What does registering an out of state court order consist of? Is it still a valid court order if the other party is

Violating it with parenting time and major decisions? Everyone lives in Colorado now. Is there a possibility that she can get a contempt of court?

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answered on Dec 14, 2017

If you can properly register the out of state custody orders hear, then you can certainly file contempt of court or perhaps another motion. You should consult with a family law attorney. Registration of the out of state orders would be done under the Uniform Child Custody Jurisdiction and... View More

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1 Answer | Asked in Child Support for Colorado on
Q: What trouble can I get into if I don't sign the form cause I was told I didn't have to sign that form.
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answered on Dec 9, 2017

Way more information is needed before anyone can answer this question? What form? What are the circumstances?

2 Answers | Asked in Family Law and Divorce for Colorado on
Q: Hello I live in Colorado I am married and in an abusive relationship I filed a restraining order against my husband.

He is the breadwinner he has $100,000 in his checking account and I only have $1,000 in mine we have separate accounts. I have no money for an attorney because this is a domestic violence situation am I allowed to open up credit cards in our names to pay for a divorce attorney.

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answered on Dec 9, 2017

You can open up a credit card in your name or use a joint credit card that is already opened to use for an attorney. You cannot open up a card in his name without his permission. You can also ask the court to require him to help you with the cost of an attorney while the case is pending.

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: How do i take my niece's mom to court to get custody of my niece who has been living with me for 2 years?

My niece's mother actually has a warrant out for her arrest and she probably wouldn't even show up to court for her daughter would i automatically gain custody is she doesn't show up?

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answered on Dec 9, 2017

You would file an Allocation of Parental Responsibilities (custody) case, get her served, and go through the process. These cases can be complex and if she does take part you should considered hiring a custody attorney. If she is served and then does not take part the court should ultimately... View More

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2 Answers | Asked in Child Support and Family Law for Colorado on
Q: I was order to pay back child support but the kids live with me full time. Do I still have to pay the back child support

My ex moved about 2 years ago and haven’t paid any money. Can I get, back child support from her? And how will this affect if any, me paying back child support? There is a court order for me to pay child support. Just to reinstate she lives in a different state, hasn’t paid me child support.... View More

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answered on Dec 9, 2017

You will still have to pay back what you owe. However, you could seek to modify retroactively to when she left the kids with you, maybe and depending on all facts, pursuant to CRS 14-10-122(5). More information is needed to fully assess your situation and you should consult with a child support... View More

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1 Answer | Asked in Child Support for Colorado on
Q: So child support court orders stay the same after 9 years?

My ex has a court order from 2008 saying that if he is up to date on his child support he can claim my daughter every odd year, so that means he can claim her this year only if I sign a IRS Form 8332 which I'm not going to do my daughter has been with me since birth. She does not see my ex on... View More

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answered on Dec 9, 2017

The court orders only relate to the income tax dependency exemption, which is different from head of household. Under Colorado law, the court or orders can allocate the right to claim the exemption among the parents. Regardless of what IRS Code says, if he is current on his support he does get... View More

1 Answer | Asked in Child Custody for Colorado on
Q: Do I have to switch counties my child custody case is in if I move to a different county, but still within the state?

This is for specifically where one parent has full custody and the other currently does not have any parenting time.

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answered on Dec 5, 2017

If neither party continues to reside in the original county, a change of venue might be granted should either side ask. If neither side asks the case would stay where it is and there is nothing you have to do just because you move.

1 Answer | Asked in Divorce for Colorado on
Q: Friend in prison in Texas wants divorce, wife n kids live in Colo. does he need an attorney if so from Texas or colo?

They were married in Jefferson county colo. She has POA and is currently trying to sell all there assets. Wants to revoke POA but heard that a divorce would also prevent her from being able to sell everything off. He recently sold me his car but I’m afraid she will calll cops if I go get it.... View More

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answered on Dec 5, 2017

Friend can revoke POA. Either way, the best way to prevent wife from selling everything would be to file for divorce, which does need to be done in CO.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: I have 50/50 custody for child since birth. ex is stating that she is moving 2 hours away. Can she do this?

Child is 4 years old, just started pre-school. Do not have a good relationship with mother.

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answered on Dec 5, 2017

Presuming there are court orders in place indicating 50/50 time, she cannot just take the child and move 20 hours away without court permission. This would be a move which significantly impacts the geographical ties between you and your child. You should let her know, in email or text, that... View More

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1 Answer | Asked in Child Support for Colorado on
Q: What if two men are listed as possible father and neither show up to take the paternity test?
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answered on Dec 4, 2017

You will need to go back to the court to see about gaining their compliance. Presuming there was a court order for testing, they are clearly in violation, presuming they were served/the court has jurisdiction over them.

1 Answer | Asked in Child Custody for Colorado on
Q: This question is regarding child acting out and behavior problems numerous times on mother's behalf.

A child that me and my other half have together is having behavioral problems and has this happened numerous times ..I have asked her several times to have him come live with me to help fix things help him out ,and she's not having it how do I go around this or how do I get him to come live... View More

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answered on Dec 4, 2017

If there are already custody/visitation orders in place you will need to file a motion to modify them. The standard for modification will depend on what the current orders say as to primary residence. If there are no orders in place you will need to file a custody (allocation of parental... View More

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