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Questions Answered by Cindy Perusse
2 Answers | Asked in Family Law for Colorado on
Q: Will I be in trouble for not paying attorney fees ordered by judge to other party? Is there a CO family code 2030?

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.

Cindy Perusse
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Cindy Perusse
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

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Colorado on
Q: Good morning,

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.

Cindy Perusse
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Cindy Perusse
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

1 Answer | Asked in Family Law for Tennessee on
Q: Is visitation forfeited if not started when the orders outline?

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

Cindy Perusse
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Cindy Perusse
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.

1 Answer | Asked in Family Law, Civil Litigation and Domestic Violence for Colorado on
Q: What are my rights if my husband continuously threatens to kick me out of a his friends trailer that we been in for 7mth

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

Cindy Perusse
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Cindy Perusse
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.

1 Answer | Asked in Family Law for Colorado on
Q: Is there case law to support a motion for attorneys fees if I had limited scope counsel assist with writing motion?

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.

Cindy Perusse
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Cindy Perusse
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.

1 Answer | Asked in Family Law for Colorado on
Q: My ex and I have a verbal agreement for living arrangements of one of our children. He has not returned her.

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

Cindy Perusse
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Cindy Perusse
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

2 Answers | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: My ex-husband and I both moved to other states after our divorce. We both want to alter the custody part of the divorce.

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.

Cindy Perusse
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Cindy Perusse
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

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1 Answer | Asked in Family Law for Colorado on
Q: ISO a Domestic Relations attorney in Arapahoe County immediately

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

Cindy Perusse
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Cindy Perusse
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.

1 Answer | Asked in Juvenile Law for Colorado on
Q: I’m 4 months from 18. I have a job and a home I have my stuff at. My mother kicks me out all the time. Can I leave?

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?

Cindy Perusse
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Cindy Perusse
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

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
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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... View More

Cindy Perusse
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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... View 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
PREMIUM
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... View More

Cindy Perusse
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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... View 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... View More

Cindy Perusse
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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... View 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
PREMIUM
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
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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... View 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... View More

Cindy Perusse
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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
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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... View 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... View More

Cindy Perusse
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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... View 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... View More

Cindy Perusse
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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.

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