There is no "bright line" rule. It depends on the circumstances. Generally shared parenting may not work well for children whose parent's live in different school districts. While time with both parents is important, it is not beneficial to children to spend a large amount of time driving between...Read more »
You could potentially file for an emergency restriction of parenting time depending on your evidence. If you believe based on credible evidence that abuse is occurring you can also make a report to the Department of Human Services.
We attended mediation and weren't able to resolve anything because I feel strongly that more time with his father would not be in our son's best interest (he is an admitted abuser and alcoholic). Since then, I have found another 50/50 plan that I would consider trying, but he won't hear it because... Read more »
You will have the opportunity to respond to your ex's request to modify. I agree with the last answer that a Child and Family Investigator (CFI) can be helpful in this situation to look into the matter and make a recommendation to the Court. The CFI is a neutral and should make an unbiased...Read more »
I Was detained by law enforcement. During that time I allowed my ex-wifes parents to take the kids. I was not arrested or charged for anything. I have primary parenting rights for our children. She kept the children and filed a temporary restraining order and the very next day she filed a motion... Read more »
It depends. An attorney would have to see the parenting plan and also determine whether your detention would have created grounds for an emergency change in parenting. Your situation is complex and your questions can not be answered based just on the limited information provided here.
Over the years he refuses to allow me to see the autopsy results. Also this same brother masterminded a banking fraud with the brother that passed away, when our mother had passed away in 1992, he included my mothers landlady in this.... they forged and cashed a check from my mothers account at her... Read more »
My husband was ordered to pay opposing party attorney fees in a family law matter. The judge ordered him to pay the full amount in 30 days which is not possible in conjunction with the amount he is paying for child support. The opposing attorney is now stating that she is assessing and 8% interest... Read more »
Typically a decree would not state whether or not domestic violence occurred. It would address that it was or was not proven. Usually decrees do not address domestic violence unless there was a protection order pursued simultaneously with the dissolution. A person can always say that something did...Read more »
Disability compensation is gross income for purposes of support, though not divisible as a property settlement. This has been considered by many state courts but also the U.S. Supreme Court. You should consult with an attorney familiar with the military as there are a lot of unique aspects of...Read more »
it states that each parent my exercise up to 14 consecutive days with 30 day notification. According to my ex's attorney - he says that means she can split the 14 days any which way she pleases. Is that correct?
It depends on what your agreement was. If the terms are ambiguous, then a court can consider extrinsic evidence to establish what the parties agreed to. If this issue was decided by a court, rather than by the parties then you can request a clarification from the court as to the meaning. You ex's...Read more »
You usually would not be able to use a recording unless the person recorded was there to testify because it would be considered hearsay. There are some exceptions to hearsay, however testimony of children is often not used in court to protect the child. It depends on what kind of case is happening...Read more »
The Court will only give a family member custody over the wishes of the parent if the child is endangered. However, you could ask your sister to consent to a longer period of guardianship and it could be formalized through the courts. The state where the child has been living for the last six...Read more »
He owes $50 in back child support and maintenance to me for not paying for over a year and losing/quitting jobs several times and not paying. He is currently still be garnished for child support/maintenance. Can he discharge the child support/maintenance that is in arrears? Do I need to do... Read more »
I agree with the last answer. Child support is the right of the child and can not be cancelled by agreement. The parties can agree to a deviation from the guidelines, however a court does not have to issue that agreement as a court order if it does not find it in the best interests of the child.
Your options depend on whether the MOU was issued as a court order and if the agreement required your ex to pick up and drop off your child at school. You can modify a MOU if you find that it does not meet your needs. If it has been issued as a court order, you can stipulate to a modification.
Over night stays, of our 3 year old daughter. We’ve been on this schedule for a few weeks now. My question is if I file for a legal separation and my wife still agrees to this fair sharing time will a CFI still be required? If CFI not required could the courts decide on a different sharing time... Read more »
I understand in CO a child is typically emancipated at 19. If the child decides to live with you full time when they turn 18, do you still have to pay child support to the other party even though the other party has no overnights with the child? Also, what if the child decides to move out of... Read more »
You can always request a modification upon a substantial and continuing change of circumstances resulting in a 10% or more change in support. As far as the child living with friends out of state, that does not constitute emancipation. Events such as marriage or military service do result in...Read more »
Please provide more information. Are you indicating that the child does not share the last name of the father? Perhaps you are asking about a paternity action? When you mention case, what kind of case are you thinking of?
I agree with the last answer. If he does not file a response, the Court can decide the matter without his input. When he files a response, he will have the opportunity to be heard and to present evidence as to why he should retain custody. Courts like to see stability for the children, however...Read more »
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