how do we go about changing the custody agreement? the state we moved from is too far away to fly out just to alter one part of the divorce. I live in Colorado now and he and the children are in New Mexico.
The state that issued the original order unless and until you request another tribunal (court) to take jurisdiction for one reason or another under a statute called the UCCJEA. But, as Ms. Janko said, if neither party or the children reside in the original state any longer then that is a basis to...Read more »
I would first like to get a continuance on the date which is next Tuesday, 1/26/21 and then establish permanent full custody with specific visitation rights. My 13 y/o son has autism and multiple special needs. It will be a simple custody court case because the father is unfit, homeless,... Read more »
I’ve been physically and emotionally abused all my life. She’s hit me recently. My bestfriend of 5 year is offering me a home and her mother wants to help me. What can I do? I have money and I’m graduating hs early. Can I move out early?
The age of majority or when you are a legal adult in CO as other states is 18 years of age. Until that time, your parents are legally responsible for you. A child is required to stay in high school only until he or she is 17. After that the child does not need their parents' to quit....Read more »
That answer depends entirely on what she said in her motion and the reasons she is asking for a change. There is no short answer to this question. You will need to consult with an attorney if you want to successfully challenge her motion.
In my household I’ve been trying to do everything right and take care of myself and others. My parents are emotionally abusive, and gaslight me every time I get upset. I’m seventeen now and I have a place to go if I leave but my parents say they’ll call the police if I go through with... Read more »
I'm sorry to hear how you are feeling in your home. You are not "emancipated" or legally an adult in CO until you are 18 years of age. You can become emancipated before 18 if you enter the military, get married or if the court to grants you emancipation. Parents are legally...Read more »
He’s now insisting on being the one to take them to all medical, dental and vision appointments. I feel we should take turns since we can’t both go in right now. He’s fighting me on it. We have 50/50 everything. I know it’s a power play but I don’t know what to do.
If there are no restrictions in the court order from both of you going to the doctor appointments then you don't need his permission to go. Just show up. By the same token you can't prevent him from going either.
However he has not seen her in over 3 years and now wants me to just let him pick her up and take her for unsupervised visits. My question is what would be the best thing to do in this situation? If we go back to court for visitation rights what are the chances he will get 50/50 custody of her? We... Read more »
You need to do what the order from the court says to do. There was a reason his parenting time was supervised. If he chose not to exercise that time with his daughter that is not your problem. You need to do what is in the best interests of your child. If the father wishes to have parenting...Read more »
The non-custodial parent is a military service member who's home of record is where the initial custody case was determined. However, they have not lived in that state since 2016. Custodial parent and child have relocated to another state. Neither party physically live in original state. Can... Read more »
Under the UCCJEA, the court that originally issued the custody order keeps jurisdiction over the case unless: 1. all parties no longer reside in the issuing state 2. the issuing state finds that the parties no longer have a connection with the state and evidence for the case no longer available in...Read more »
And then requests for his parents to take the child every single time for his parenting time for over a year, but they refuse to help with his education and co parenting, is the mother obligated to continue to drop the child off to the grandparents for the fathers parenting time?
The court ordered parenting time governs what you and the father are to be doing. If you tried to accommodate dad and grandparents then that's fine. But if that arrangement is no longer working then go back to the schedule of the parenting time order. If Dad isn't using his parenting...Read more »
I have a son and I'm the only one on the birth certificate and he told me that he wants to take my son away and change his last name. Mind you my son is 3 and he's just now saying this. He's never wanted to be in his life. Is there anyway I can prevent this from happening. To where... Read more »
If there is no court order for parenting time then he has no custody rights. He has to go to court and asks to be recognized as the father, first and then he can ask for parenting time. You are completely free to move if you choose.
You can accept service by mail and sign the waiver of personal service and send that back to the Petitioner. That does not waive any of your rights to parenting time. You will need to file a response to the petition. You can do that through the free forms provided by the co judicial website...Read more »
We have been going through the courts since my son was 2 months old. We have had a parenting plan from May 5th 2019. He was given the first 3 weekends 1pm to 4pm both days and Wednesday’s 515-730. From May 2019-aug2019 he had seen him 18 of 30 visits. From September- December he seen him for 4... Read more »
Not sure what you mean by "sign over his rights." To who? If he has been determined to be the legal father then he doesn't get to just sign over his rights to the state. He is legally obligated to pay child support whether he sees his child or not. If you have a dispute about...Read more »
A neighbor of mine wants to move in with her boyfriend, he is a registered sex offender in Colorado. With past charges of sex crimes against minors Does he have to notify the sex offender registry that there will be a minor in his home. Also they are getting ready to have a baby together is he... Read more »
That's more a question for a criminal law attorney. Sex offender registry requirements are not part of family law. But, any concerns you have about the safety of the child should be raised with DHS or his Probation officer if you can find that contact.
My ex and I weren’t married at the time of my child’s birth. His name is on the birth certificate but my son doesn’t see him as his father. My ex left the state for 3 years, only recently returned, has not been paying his child support, and never asks me if he needs anything.i have been my... Read more »
If there is no court order granting him parenting time and you were never married to him then he has no legal rights established as the father. You can move out of state.
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