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2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Will Child Support enforcement stop enforcing a CS Order, if both parents agree in writing? This is in Colorado.

Two Children, one has aged out already, the other is turning 18 in August of 2023. He will graduate HS in April of 2023. Both parents agree to stop enforcement of the CS. Will Child Support Enforcement honor this if we both write a letter to Child Support Enforcement?

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answered on Feb 26, 2023

You would have to petition the court to emancipate the child who is your her than 19.

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1 Answer | Asked in Child Custody, Libel & Slander and Family Law for Colorado on
Q: What can I do about my ex turning my kids away from be?

My ex-husband has convinced my children that I was mean, evil, abusive, and negligent to them. He has told them I'm selfish and all I did was party and yell and scream all their lives. He has them so afraid of me they won't even talk to me. He refused and still refuses to discipline them.... View More

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answered on Feb 25, 2023

I am sorry to hear about your situation. If he is violating a court order with regards to parenting time, you can enforce the order. Most parenting plans have an anti disparagement clause and if he is violating that, you can enforce the order.

2 Answers | Asked in Family Law for Colorado on
Q: I am acting as supervisor for visitation between my former son-in-law and my grandson. Questions re location of visit.

I live in Colorado, and so far, the visitations have been in the father's home. My question is, does Colorado law prohibit such visitations from including outings to local places? I would even be the driver of the vehicle, if that is required.

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answered on Feb 13, 2023

The court order is what governs supervised parenting time rather than Colorado law.

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1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Colorado on
Q: Could aparent of a child refuse to return child to the guardian after a visit, if there was a safety concern with

My daughter was bit by gaurdians dog and tries to say it was a scratch, i don't want her in her care.

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answered on Feb 13, 2023

A person can withhold a child for safety reasons, however they risk being in violation of a court order if the issue is brought to Court and the Court determines that there was not imminent harm. Generally when a person withholds a child, that person simultaneously files an emergency motion with... View More

3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it legal in State of Co. within divorce proceedings ( a 50/50 state) to have one spouse desire to buy out the other

using the bank re-fi value verses the fair market value?

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answered on Feb 13, 2023

Yes. The parties generally agree to the value of the home for the purposes of property division. They are not bound by the refinance appraisal, but can use any other value to which they can agree.

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1 Answer | Asked in Child Custody for Colorado on
Q: Working for a bank do you automatically get help for legal services?

I filed custody for my kids, and their absent dad said he works for a bank so he has more than enough legal help to fight and gets what he wants out of this custody case. Should I believe him? Do I need to get a lawyer as well?

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answered on Feb 4, 2023

Some employers offer prepaid legal services as an employee benefit, however it is not likely that all banks offer this option.

2 Answers | Asked in Divorce for Colorado on
Q: I got divorced, was to have my equity by12/30/22. She is finally selling the house. Do I have any recourse for delay?
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answered on Jan 27, 2023

It depends on how the agreement was drafted and the reason for the delay as well as it caused any prejudice to you. However, courts don't usually get involved in enforcing something that has been completed, even if late. There is no one size fits all answer to the question.

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: After the CFI report has been filed, and the magistrate said supplemental/rebuttal report needs filed within 14 days…

Can i write a rebuttal report regarding all of the collateral contacts telling bold faced lies that I have proof of?

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answered on Jan 24, 2023

Only a CFI can write a rebuttal report. However, you can submit whatever evidence you have in your testimony in court. There are rules of evidence surrounding character evidence and impeaching someone. If testimony is admitted about the lie, then you can impeach the lie. The CFI Report will be... View More

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: When the petitioner needs to change the venue for child custody jurisdiction, does the petitioner need to be re served?

How will the respondent know the jurisdiction is changed?

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answered on Jan 22, 2023

It depends. Venue can only be changed under certain circumstances. Usually an action has to be filed in the county where the Respondent resides.

The other party has to be notified of every document filed in a case.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How is a single parent father able to terminate mother parent-child relationship? I have Sole Physical & Legal custody.

My son has a half sister, her father was able to do a termination of mother’s parent-child relationship with a step adoption. I have more than enough substantial evidence to prove mother is an unfit parent. This custody battle has gone on 6-1/2 yrs as long as our son has be alive. Mother... View More

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answered on Jan 5, 2023

One parent can't terminate another parent's rights. The step-parent adoption process is an exception. If there is a step-parent willing to adopt and the court decides that is in the parents best interests, then a step-parent can adopt. Parental rights are terminated through the dependency... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Hello, I am currently trying to get my daughter back who is with her paternal grandmother in Florida.

She has been with her for a few years in Florida but she recently came to stay with me over the summer until September. Her grandmother has temporary custody of her (in FL) but there is still a shared customer order in Colorado between her father and I. Her father is not in the picture but she... View More

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answered on Dec 27, 2022

Based on what you are saying, there appear to be conflicting orders. It would be necessary to review the orders before anyone could provide information on how the potential conflict might be resolved.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: I have a friend whose wife is an alcoholic and has been having an affair. Is there anything that can legally be done?

She has been having the affair for the last few months. Staying out all night, not coming home until the morning smelling of alcohol. They also have an 8-year-old child together who has witnessed her behaviors. She has also been neglecting the child. The child keeps asking for his Mom who has... View More

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answered on Dec 21, 2022

It depends on what he wants. He can get divorced or he can see if his Wife will agree to treatment. It is unclear the nature of the neglect. Just being gone while someone else is caring for the child is not neglect. It is not likely that she will be prosecuted for adultery.

1 Answer | Asked in Family Law for Colorado on
Q: In Colorado Can I have a child who is placed out of home tested to see if my deceased son is the father?

Didn't no about child until mother's family approached me. Mother is claiming someone else as the father.

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answered on Dec 13, 2022

Paternity testing is done in the course of filing for child support. If someone files for child support and paternity is contested then, paternity testing will be required.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Do I have to allow my children (14) 100% unrestricted access to a cell phone their mom provided?

My children have had cell phones for a few years, with screen time limits and certain apps blocked. Their mom never approved and told the kids not to take them to her house on the weekends. They've always been able to contact her on my phone whenever they want. Now that they are in high school... View More

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answered on Dec 13, 2022

There are no laws about when phones have to be available and parents are generally expected to be able to reach agreement. There are parental coordinators and decision makers who can assist parents in reaching agreement on matters that do not rise to the level of court intervention. The general... View More

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Opposing counsel said I was mentally ill & an alcholic.can she just make these claims that’s aren’t true? How can I stop

The lawyer is doing this because I had told my ex on talking parents I was going to file a motion to relocate. She then came back with accusations to take my kids away. Trying ti get full legal and physical custody. Trying to stop my relocation.

Is it illegal for her to call me mentally... View More

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answered on Dec 4, 2022

Generally if counsel make recommendations in a motion, he or she has the client verify the facts. You will have an opportunity if you go to court to refute the allegations.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Can I go back to prison over child support.

So currently, I’m going to be custody battle for my son. And my ex is trying to have me sent to jail or back to prison over child support. I was paying when I was working I lost my job due to a car accident and I’ve been applying nonstop and have the proof. I’ve been looking and I’m not... View More

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answered on Nov 27, 2022

You can be sanctioned for failure to obey a court order. If you have a substantial and continuing change of income, you can file for a support order modification. If a conviction has an impact on your ability to earn income, you can mention that. However courts anticipate that if you are looking... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is a wedding performed by an officiant in Colorado binding if the marriage license is never submitted to the state?

My girlfriend and I planned a small wedding with an officiant we had hired. A few weeks before the wedding I started having second thoughts and told her that I couldn't go through with it. We eventually agreed to go through with the ceremony and have some photos taken so her family in another... View More

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answered on Nov 9, 2022

If you held yourselves out as spouses then you could be considered to be common law married in which case you would need a state proceeding to dissolve the marriage.

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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: My husband says the money in the bank account isn’t mine

I’m a military spouse and I’ve never had my name on the account my husband and I both use. This is because we wanted credit scores esperares and also we’d have to practically jump through hoops to add me. If we separate are all the bank accounts considered shared since we both spend money out... View More

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answered on Nov 7, 2022

The funds would be considered marital property, however the reality is that when parties separate they often have to use bank account funds for living expenses, so such funds can fluctuate.

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1 Answer | Asked in Divorce for Colorado on
Q: would this equity be considered, and if so how would it be figured? part 2 of previous question

originally my husband quick claimed it to his mom about a year after he bought it in 2002. She kept the house until 2022 when she quick claimed it back to him for 10 dollars? We married in 2014.

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answered on Nov 2, 2022

It depends on whether it was a gift to him or the marriage.

1 Answer | Asked in Child Support for Colorado on
Q: How can Texas put a lien on me about child Support when my court order is from Colorado I been incarcerated in Colorado

My court order is in Colorado and I also have documents showing the child has been in Colorado with me going to school for four years and I also had to take her for medical and she was enrolled in school out here in Colorado when I reported it she took child back to Texas without withdrawing her... View More

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answered on Nov 2, 2022

It sounds like she transferred the case to Texas if it is through Child Support Enforcement and Texas is now handling enforcement.

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