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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Does an out of state court order hold any weight from 5 yrs ago? I was given primary custody and now my child wants to

Live with mom full time because he doesn't like my wife, and because his mom feeds him bad info with all kinds of stuff. Now he's saying as long as my wife lives here, he won't come over. He doesn't like living here, because we monitor and discipline him. His mom changed his... View More

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answered on Dec 4, 2017

Before you can do anything in terms of enforcing your out of state orders you will need to register them here, in Colorado. If everyone is in Colorado you should have no issue getting things transferred here, for both enforcement and modification purposes. A 16 year old does not just get to... View More

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2 Answers | Asked in Child Custody and Divorce for Colorado on
Q: My wife wants to take my child out of the country to live. I do not want this to happen.I am in colorado. rights?
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answered on Dec 4, 2017

Firstly, she is going to have to have passports to take them out of the country. If you all are in Colorado, your best way to block this would be to file for divorce and have her served. Once she is served with the divorce papers, she cannot take the children out of the state/country without... View More

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2 Answers | Asked in Divorce for Colorado on
Q: My wife and I are separated (not legally) we bought a house 7 years ago but it's in her name. We live in Colorado.

The house has about 300k in equity. Am I entitled to any of it?

Stephen J. Plog
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answered on Dec 4, 2017

You might be. More information is need to determine what amount of equity you might be entitled to. The house solely being in her name does not mean you aren't entitled to something.

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2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: If I were to change my daughter's name differently from her biological fathers would he still have to pay child support

Can you change your child's last name after the biological fathers name.. and still receive child support?

Stephen J. Plog
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answered on Dec 4, 2017

Changing the child's name and receiving support have nothing to do with each other so you should be fine. If you have any sort of custody orders with joint decision-making you would need to get his permission. If not, you're fine.

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1 Answer | Asked in Child Custody for Colorado on
Q: My contested custody’s hearing is set in April. What happens if my sons mother has a lawyer the day of and I don’t?

Would I be able to ask for a continuance and hire one myself or should I just hire one and not worry about her having one or not?

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answered on Nov 30, 2017

If she has an attorney and you do not you will be at a serious disadvantage going into that hearing. You could always ask for a continuance, but judges are not necessarily going to find that one party having an attorney and then other one not is a basis to grant a continuance. Regardless of what... View More

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I have temp custody of my GC, father passed & my daughter hasn't hear from in more than 6 months can I get Full Custody?
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answered on Nov 29, 2017

More information is needed to assess your situation, including what you mean by "full custody." Courts don't generally use that term. If by "full custody" you mean your grandchild residing primarily with you, if your daughter chooses not to take part in a course or see... View More

1 Answer | Asked in Child Support for Colorado on
Q: How can someone who owes $16,000 in back child support get child support from ex who he owes the child support to?

My sisters ex husband owes her 16,000 in back child support, he has no job, lives with his parents and has at least 20 contempt of court for breaking their parent plans due to keeping the children from her on her days. He has lied about her and has exploited the children for money to different... View More

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answered on Nov 28, 2017

If he owes that much in back support there should be an offsetting of what she owes compared to what he owes until such time as his debt is paid off. A lot more information is needed to really assess this situation and answer the question. She should consult with a different family law attorney.

1 Answer | Asked in Child Support for Colorado on
Q: How many years after a child is born does the mother have to request a paternity test and, if positive, child support?

Mother asked for a paternity test twice, it was done twice, she "lost" it twice. Results never came. Helped pay for it both times. She never asked the "other" man for a test or to pay for it. Haven't heard from her in 3 years since. Can she come back at any point, even 10... View More

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answered on Nov 28, 2017

If there has been no official test done through a paternity case she can come back, even 10 years later, to request a test and support.

1 Answer | Asked in Child Custody for Colorado on
Q: How old does my child have to be to reverse a child joined 50/50? Can my child reverse the joined custody if she wants t
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answered on Nov 28, 2017

If circumstances have changed you can certainly look into filing a motion to modify the parenting time orders. Your child does not just get to change things on her own, though depending on her age a court might be willing to put more weight regarding her wishes as to visitation. You should... View More

1 Answer | Asked in Immigration Law, Adoption, Child Custody and Constitutional Law for Colorado on
Q: My nephew, who is a U.S. citizen, was sent by CPS to live with his Mexican father two months ago. How do we get him back

My sister, who is a U.S. citizen passed away, and custody was granted to dad by default. He was deported, and then my nephew was sent to live with him in Mexico. I haven't spoken to him since the day before he left for Mexico, and the father is ignoring everyone in the family trying to contact... View More

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answered on Nov 28, 2017

Unfortunately, under Colorado law, you likely do not have what's called "standing," meaning the legal right to seek custody of the child, given that he is in the care of a parent. Grandparents or great grandparents could potentially seek grandparent visitation, but aunts and uncles... View More

2 Answers | Asked in Family Law for Colorado on
Q: My daughter and her ex are fighting he knows we are going to Calif with ther 3 kids and he was fine with it now because

Are fighting he says he'll get her for kidnapping can she get in trouble

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answered on Nov 28, 2017

If there are no court orders in place prohibiting her from having kids go to California then there is no kidnapping. If this is a permanent move to CA and he does not agree, he could file a custody case and try to have the kids brought back. If just a vacation, so be it. More information is... View More

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1 Answer | Asked in Child Support for Colorado on
Q: The judge didn't include my child support payments for my other children at the hearing. What can I do?

I had a child support hearing and the judge did not factor in my child support payments for my other children so I feel the amount awarded for child support in this case is incorrect. What forms do I need to file with the court to correct this and where do I find the forms?

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answered on Nov 17, 2017

More information is needed to answer your question, including as relates to the judge. If a magistrate, you will have to file a petition for district court review of the magistrates order, pursuant to Colorado of Magistrates Rule 7. If a judge, you would file a motion to amend the order pursuant... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can I keep my children from my ex who refuses to tell me where he has my 1 yr old and 3 yr old daughter stay the night?

My ex and I are newly separated (2 months), with two daughters ages 1 and 3. We were never legally married. I am in the process of filling out papers for custody and child support but it has not been filed yet. He has them stay at a new girls house he just met while they are with him. She has older... View More

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answered on Nov 17, 2017

If there are no court orders in place you have no duty to hand the kids over to him. If he is unwilling to tell you where they are staying or the people in the home most courts would say he is playing a game and would have no problem with you insisting on having the information before visitation... View More

2 Answers | Asked in Child Support for Colorado on
Q: is there a way to make it to where you don't have to pay child support for your spouse or count your income towards it
Stephen J. Plog
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answered on Nov 16, 2017

I'm not sure whether you are asking about child support or spousal support (maintenance). There are various ways to try to avoid spousal support, but that will take a full analysis of your case and all financial circumstances. If you are talking about child support, most courts are going to... View More

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2 Answers | Asked in Family Law for Colorado on
Q: if no visitation agreement made as of yet, do i have to let the father of my 4 week old son, take him out of my home

the father says he has the legal right just to take him, I want him to visit with our son but since he is only 4 weeks old what rights do I have?

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answered on Nov 16, 2017

You do not and, if you have any concerns about him not returning the child, you should not.

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Can my ex boyfriend keep my daughter even though we've made a verbal agreement no court agreement and been doing it?

We've been doing a week at a time with our daughter and now he decided not to let me have her back. Will the verbal agreement hold up in court?

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answered on Nov 14, 2017

The verbal agreement and the week on/week off pattern are great evidence to use in court. Unfortunately, the verbal agreement is not binding in a legal sense and if he decides not to let you have her back you need to get a custody (allocation of parental responsibilities) case filed right away.

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How do you file for child abandonment in Colorado if the father has not seen a child in at least 6 months.

I live in Jefferson County CO, I am looking into filing child abandonment paperwork but I cant seem to find out how ANYWHERE! It has been over 6 months since the father of my child has seen his child and he has made no attempt to make future plans to visit or come see his son. Any inquiries into... View More

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answered on Nov 13, 2017

Unfortunately, there is no such thing an an "abandonment" or "child abandonment" case you can file. You can certainly take steps tied into his arrears.

2 Answers | Asked in Family Law for Colorado on
Q: Our 32 old son, and daughter in law, will not speak to us thus refuse to let us have contact with our

two young grand sons. Do we have any rights in Colorado?

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answered on Nov 13, 2017

Unfortunately, unless there is, or has been, a case involving them and the custody of your grandsons, there is nothing that can be done to force them to allow contact. Grandparent visitation cases can only be filed if there has been a custody or custody-like case involving the kids or if you are a... View More

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2 Answers | Asked in Child Custody for Colorado on
Q: Have been served with custody papers. Court is next week How do I win a case like that?
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answered on Nov 13, 2017

An attorney will need a lot more information from you before they can even begin to answer your question or assess your situation. There are so many factors going into a custody case and they are not "won" or "lost." Rather, the goal is to get the orders you believe are in... View More

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2 Answers | Asked in Family Law for Colorado on
Q: What does “medical decision making” entail exactly?

My ex husband has refused to agree on what counselor to use for my children. He also refuses to agree to alternative medicine treatments. We share legal custody and medical decision making. Does the decision making extend to mental health and alternative medicine? Or is it more for agreeing to... View More

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answered on Nov 13, 2017

If you have joint decision making regarding medical issues, you all are required to make them together, meaning you must agree. Emergency and routine medical, such as child has a cold and needs to see the doctor, are not considered major and can be made by the parent caring for the child at the... View More

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