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My son is 4 and he has special needs. He has autism, global developmental delay, and Jacobs syndrome. I’ve been the only parent taking care of him for the past 2 years. His dad has been In another state. My son doesn’t even know him anymore. Can he just come take him from me because their is no... View More 
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answered on Mar 3, 2020
You should file a motion for allocation of parental responsibilities. If possible, you should have an attorney to assit you in this to advocate for you and the child.
I am getting ready to sell, as we BOTH agreed on, and now she's trying to interfere saying that she gets a say in every offer, etc I have.
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answered on Mar 1, 2020
It depends on what the decree says. Many decrees address who will be involved in selection of realtor and sales price as well as a contingency if the home does not sell within a specified period of time.
My annual bonus was paid in Feb 2019 and divorce was final in June 2019. Bonus was considered marital property and split at time. My annual bonus received today (Feb 2020) was 50% less than last year (and is consistent with bonus for previous 11 years) making my income significantly less than last... View More
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answered on Feb 29, 2020
The court generally looks at most recent income, however if there is a reason to average over time, such as fluctuating bonuses, then an argument can be made for that.
Can a law firm represent one of their employees? My ex wife is serving me with papers and I don’t really know why, and she keeps asking me fore my address. I’ve told her I will not give her my address and I gave her my grandmas address, where I get all my mail sent, and she told me that won’t... View More
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answered on Feb 29, 2020
There is no prohibition against a law firm representing one of its employees. Additionally if you care for the child then the Mother will need to know your address. Other than that, she is looking for your address for the purpose of service of process.
I did file bankruptcy in August that was discharged in December. And I do know that two of the debts are now going after him, but he still owes me money from his retirement. And that this new lawyer is representing him with that. We did not have lawyers for the divorce originally.
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answered on Mar 1, 2020
You should consult with an attorney. Likely you ex will file a motion to rellocate property because of the debt that he is now responsible for. If he should be giving you retirement funds and is not, then you should have assistance in obtaining what you should receive.
Granted full custody of daughter and CPS cased closed recently. I recieved papers to file for cild support through CSS this week with a deadline to return them. Do I have to file these papers for child support through them with my payments coming from CPS, which my ex is still involved with or can... View More
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answered on Feb 25, 2020
It depends on what the paperwork says and whether there is any court order associated with the support. An attorney would have to review your paperwork and any court orders to advise you on your options.
Mom is leaving state the 22nd, back the 30th. The 28th and 29th are her parenting days. She told us she'll be out of state but is planning to let her dad watch their son that weekend. We haven't agreed to anything. Court paperwork does say that grandparents do not have custody, rights,... View More
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answered on Feb 25, 2020
It depends on the language of your agreement as a whole. An attorney would have to read it. It is not clear what you mean when you say that the grandparents do not have custody rights and can not "discuss" with the other party.
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answered on Feb 25, 2020
It depends on his situation. Just graduating from high school does not emancipate him. However there are other factors that could such as his becoming self supporting or joining military service.
There are no minor children and my spouse has been absent from the marriage for 8 years.
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answered on Mar 1, 2020
That is good that you agree on everything. I agree with the last answer. There are a number of documents that must be filed at different times. An attorney can handle the paperwork for you and make sure that it is prepared correctly and filed at the right time.
My boyfriend and I have lived with his parents in colorado for 3 years. He became physically abusive with me recently and I want to leave to tennessee with our two babies (ages 1 and 2) but he tells me I cant take them. We are unmarried. Thank you
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answered on Feb 23, 2020
I am sorry to hear about your situation. The home state of the children is where they have been for the past six months and that is the state that has jurisdiction over custody and parenting. Domestic violence does have an impact on that, however and parents are generally not faulted in the court... View More
years when I located her, she is disabled, I now found out she has lived with the ex step mom for the past 4.5 years, and the father is in jail and has been in and out of jail. the child is special needs and has been taught that I am just a stranger, I saw her 4.5 years ago and the ex step mom... View More
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answered on Feb 23, 2020
I am sorry to hear about your situation. It depends on what has happened. Any custody decision is based on the best interests of the child. You mention that you did not see her for several years so it would be important to know more about that situation.
My ex will not come to any parental agreement except exactly what she wants. She is a very cruel person. We have screen shots of her asking for help due to a drug addicted ex boyfriend she left in charge of our child regularly. She has been introducing my child to multiple men, 4 since january... View More
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answered on Feb 23, 2020
I am sorry to hear about your situation. It depends on a number of factors. One is what the current parenting time is and when that order was issued. The Court looks to actions that endanger a child when making major changes, such as a change in joint to sole decision making. With regards to a... View More
The PO is permanent, with 2 violations! The court order is very vague. It states visitation at her discretion. She sneakily took my daughters and moved them 2 hours away from me and my son (Their half brother) and has yet to update her address with the court. I had to locate my children by doing a... View More
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answered on Feb 23, 2020
An attorney would have to see the order but it sounds very broad and gives the sister a great deal of discretion. You may want to seek a modification to the order if you would like to propose alternate arrangement.
It wasn’t stated in the divorce decree nor the child support hearing
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answered on Feb 29, 2020
It really depends on what the situation is. An attorney would have to review your decree and child support order to answer the question.
Family planned trip out of state ex said no my child could not go. Asked if it was in state could she go? She agreed and now the week of the trip is saying no. We are going to mediation at the end of the month and most likely court. If i still take my daughter will this hurt my chances in court?... View More
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answered on Feb 23, 2020
I am sorry to hear about your situation. You can ask a court in a forthwith motion, which is faster, to address issues of child travel. It sounds like in this case there is not enough time. You are obligated to adhere to any agreement that you signed but it can not be enforced under a court's... View More
I have diagnosed with PTSD and severe anxiety stemming from my marriage to my ex.
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answered on Feb 23, 2020
I am sorry to hear about your situation. You do not have to have a power of attorney for your husband to speak to someone else. However, you would need a power of attorney for your husband to enter into any legally binding agreement on your behalf if the recipient would accept the power of attorney.
My ex wife has involved social services twice and police numerous times claiming false domestic violence accusations against my current girlfriend and I in front of the kids. I've been thoroughly investigated and nothing has been founded. She is now threatening to file a motion for a CFI and... View More
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answered on Feb 24, 2020
Her attorney will have to file a motion for a CFI, which you will have the opportunity to respond to and state the reasons why you do not believe that one should be appointed. Judges sometimes do appoint CFIs in high conflict situations even if the parties to do agree that one is necessary.
she found something written in his journal about "daddy" he went through forensic questioning with authorities and found that there was nothing incriminating me as his father but she is still proceeding with the custody case. I have not been served with any papers but she is not allowing... View More
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answered on Feb 24, 2020
You can file a motion for emergency custody if she is withholding the child from you without cause. You can also file a motion to enforce the current order if there is one and she is not in compliance.
We’re in Colorado, Colorado doesn’t have “custody” laws but calls it “parental responsibility.” He used to live with them for years and years. In and out. Now, that my brother is in a new relationship his baby mom has become very on edge. She has told his girl friend that she’s the... View More
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answered on Nov 29, 2019
If he would like parenting time, then he can file an action for Allocation of Parental Responsibilities with a district court. This will allow a court order to issue that will set forth the responsibilities and parenting time and allow him to enforce the order if she does not comply.
Found out my wife was having an affair mid Oct. Said she wants a divorce, and is spending all her time away from the house and our kids, including my stepdaughter, and nephew that is living with us now. I have been financially responsible for most everything during our 10yr marriage. I've paid... View More
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answered on Nov 25, 2019
Right now neither of you have any specific financial obligations to the other except to provide basic support as needed. If you want to set forth specific responsibilities, then you can file for dissolution and ask for a temporary orders hearing with regards to child and spousal support and... View More
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