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Questions Answered by Cindy Perusse
3 Answers | Asked in Divorce and Family Law for Colorado on
Q: what does my response need to say if my ex has filed a change of parenting time motion?
Cindy Perusse
Cindy Perusse 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.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: I am living in an emotionally abusive household, can I legally leave before I turn 18?

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 »

Cindy Perusse
Cindy Perusse 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... Read more »

2 Answers | Asked in Family Law for Colorado on
Q: My ex won’t let me take either of my 2 daughters to any medical appointments.

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.

Cindy Perusse
Cindy Perusse 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.

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1 Answer | Asked in Child Custody for Colorado on
Q: I have a 9year old daughter with my ex. We have a signed custody plan giving him supervised visitation since she was 2

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 »

Cindy Perusse
Cindy Perusse 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... Read more »

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can I obtain child custody jurisdiction under the UCCJEAA when ex-spouse is military?

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 »

Cindy Perusse
Cindy Perusse 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... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: i have tried to get legel aid to respond to my request for help in custoy case for my son. no one has call

what should i do, court is on the 24th of aug.

Cindy Perusse
Cindy Perusse 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.

1 Answer | Asked in Family Law for Colorado on
Q: If the parenting plan states the father will come from out of state every weekend to see his child, but fails to do so

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?

Cindy Perusse
Cindy Perusse 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... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: I have a child where the father isn't on the birth certificate can he take my son away

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 »

Cindy Perusse
Cindy Perusse 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.

2 Answers | Asked in Child Custody for Colorado on
Q: How or what do I fill to respond to a summons of allocation of parental responsibilities? Return of service?wavier?
Cindy Perusse
Cindy Perusse 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... Read more »

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1 Answer | Asked in Family Law for Colorado on
Q: Is there anything I can do If my sons father threatened twice that he’s going to sign over his parental rights?

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 »

Cindy Perusse
Cindy Perusse 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... Read more »

1 Answer | Asked in Criminal Law for Colorado on
Q: Questions regarding laws around register sex offenders in Colorado.

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 »

Cindy Perusse
Cindy Perusse 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.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My ex isn’t in my son life.

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 »

Cindy Perusse
Cindy Perusse answered on Jun 9, 2020

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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