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My child was sick over night on the day I had court hearing with her father. I provided the court with a doctor’s note and I submitted a motion immediately the morning of. But I continue to be ordered to pay. Plus, I cannot afford to pay it. My outcome is more than my monthly income.
answered on Sep 6, 2024
Bottom line is a court order has to be followed. Will you be thrown in jail? No. The other party who was awarded fees would have to be the one to file a motion for contempt if he or she chooses that route. The other way people enforce a judgement for fees is to do what anyone else does to... View More
I am recently divorced (1+ year) and share two children with my ex. We share split custody of our two children with no child support nor alimony. With this, my ex has continued to be verbally, mentally and emotionally abusive towards me and I am interested in determining what options I might have.
answered on May 2, 2024
Abusive to you or the kids? There are ways to limit contact or have contact monitored through platforms such as Our Family Wizard or Talking Parents. If the abuse you state relates to the children then you may consider a motion to modify parenting time. But, you will need to document and prove... View More
Is a parents time with kids forfeited for the entire visitation if they do not begin said visitation at the starting time/day? If my ex doesn’t want the kids on Friday night, can they demand to have the kids, say, Saturday or Sunday since technically the entire weekend is their parenting time?... View More
answered on Sep 6, 2024
If your order doesn't specify that parenting time is forfeited, then you can't make that a rule now. You need to file a motion to modify the rules in your order so you don't have to keep being subjected to Dad's last minute changes.
My husband and I were evicted 8 months ago and moved into his friends trailer with no water, no elec.and quietly living there can’t use address. My husband got a job making 20/hr and gives the guy $200 a month here lately. But now threatens to kick me out everyday. I would,but I’m shy have... View More
answered on Sep 6, 2024
Husband can't kick you out of a place he doesn't own and even if he did own it, he can't make you leave your own residence without a court order.
I had limited scope counsel help write a Motion for Contempt but opposing counsel has objected stating I was pro se, and can't ask for attorney fees.
answered on May 3, 2024
Yes you can. You incurred legal fees from an attorney. File the motion and show the Limited Scope representation agreement and the invoice for the payment to the attorney for the fees.
My 13 y/o has a history of lying when she is about to be grounded, resulting in false police reports being made. She was residing with me, with text message agreement with her father. She was going to be grounded for something she had done on my time. She went to visit dad, tried to say that I was... View More
answered on Jan 11, 2022
Verbal agreements re parenting time and custody are not enforceable by police or a court. You must get a court order reflecting your verbal agreement. If you have any order from the court regarding your joint children then follow that until you can get it modified. You could use the police to... View More
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.
answered on May 17, 2021
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... View 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,... View More
answered on Jan 21, 2021
I can help you with advice only. We would need to talk more about what kind of limited services you are thinking of though and we would need to sign a representation agreement spelling it out.
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?
answered on Jan 7, 2021
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.... View More
answered on Nov 11, 2020
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... View More
answered on Oct 28, 2020
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... View 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.
answered on Oct 6, 2020
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... View More
answered on Aug 26, 2020
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... View 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... View More
answered on Aug 25, 2020
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... View More
what should i do, court is on the 24th of aug.
answered on Aug 20, 2020
Go to the hearing and do your best to tell your side of the story. If you don't go the other person could get everything they ask for.
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?
answered on Aug 12, 2020
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... View 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... View More
answered on Jul 13, 2020
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.
answered on Jul 1, 2020
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... View 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... View More
answered on Jun 15, 2020
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... View 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... View More
answered on Jun 15, 2020
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.
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