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Questions Answered by Courtney Edwards

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: I have full custody of my three nephews, I just found out that my sister in law the opposing party has my three nephews

Out of state in Texas and did not inform us. Can she do that

Courtney Edwards answered on Jul 9, 2019

It depends on what the last court order states.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: I am currently receiving $700 per month for 2 children. This was set 5 years ago when I was making a decent wage.

Now I’m unemployed due to health issues, the father moved out of state without permission, Abe is 2 months behind in payments. If I modify will the amount I receive decrease?

Courtney Edwards answered on Jul 9, 2019

Your local Child Support Services office may be able to help you with collection and a modification of the amount. I would try giving them a call since you are unemployed due to health issues.

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1 Answer | Asked in Criminal Law for Colorado on

Q: I am currently on probation i just got a ticket for driving without a license in denver what will happen

Courtney Edwards answered on Jul 9, 2019

It depends on the terms of your probation. Typically, a standard term of probation is that you must report any contact you have with the police to your probation officer. If you are able to get a driver's license, go do that asap so that you have a driver's license by your first court date. If... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: I need to know what motions to file to Quash a warrant in Adams county co

Courtney Edwards answered on Apr 10, 2019

You would file a "Motion to Quash Warrant."

1 Answer | Asked in DUI / DWI for Colorado on

Q: What are the penalties expected for a first offender of code 42-4-1301(1)(b) if blood alcohol content was 0.06

22 yr old male. 6'2''. First offense. Breath tested three times at which BAC did not climb over 0.06

Courtney Edwards answered on Apr 8, 2019

If you are convicted of or plead guilty to DWAI first, the possible penalties are 2 -180 days in jail, completion of an alcohol evaluation and any recommended treatment, a fine of $200 - $500, 24 hours of community service, and up to two years of supervised probation.

However, you should...
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2 Answers | Asked in DUI / DWI for Colorado on

Q: Am I assigned a public defender when arrested?

I was pulled over saturday night, the officer gave me a duid ticket. I did have my blood drawn at the hospital. I recently had 5 teeth pulled wednesday so i did let the officer know that i am prescribed medication for the pain. I had not taken these medication all day saturday. The officer i feel... Read more »

Courtney Edwards answered on Apr 8, 2019

Your income would need to fall below a certain threshold to be assigned a public defender. You'll need to fill out an application and submit it to the court. You will also need to submit income documentation to the public defender's office.

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2 Answers | Asked in Divorce for Colorado on

Q: I'm currently in the beginning stages of a divorce. My wife got an attorney to file and initiate the paperwork that

Was served to me even though I wanted the divorce. They keep asking me to sign a waiver and submit my financial information, "to come up with a fair plan,"

and make it a simple process. We have no kids, so it's just a matter of debt and equity of a house. Does this sound like a strange that... Read more »

Courtney Edwards answered on Apr 3, 2019

Signing a waiver will alleviate the need to have you served by a Sheriff. They could have had you file jointly but sounds like this isn't the route that was taken.

Regarding your financials- the both of you will have to fill out and file a Sworn Financial Statement. That is what they are...
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1 Answer | Asked in Child Custody for Colorado on

Q: My child is 16 and wants to live with me, with the noncustodial parent, but we want to move out of state.

The other parent has primary custody but we technically split 50/50 with a week on/week off schedule but my 16 year old wants to live with me full time and we would like to move out of state but I don’t know which papers that I would need and if they would have a choice even if the other parent... Read more »

Courtney Edwards answered on Mar 11, 2019

You would need to file a motion to relocate and have a hearing if the other parent does not agree. Because your child is 16, the judge may consider his/her input. But these are hard cases to win. You should consult with an attorney to help you with this matter.

1 Answer | Asked in Child Custody for Colorado on

Q: Where do I file papers for legal guardianship in Colorado?

My niece and I signed a notarized paper, giving me sole guardianship of her son. What do I do next, legally?

Courtney Edwards answered on Mar 4, 2019

Start here: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=103

You'll need to file in the District Court in the county where your niece's son lives and have the judge approve the guardianship. There is a bit more to it than your niece just signing a piece of paper. The...
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1 Answer | Asked in Criminal Law for Colorado on

Q: I have been summoned to court for a theft ticket in Colorado. Can they use my prior felony theft convictions against me

Courtney Edwards answered on Mar 4, 2019

Yes and no. The prosecution can use your felony theft conviction at trial to discredit your statements to police or your testimony if you choose to testify. They can also use your prior convictions as aggravating factors when it comes to sentencing to support a harsher sentence. If the current... Read more »

1 Answer | Asked in Criminal Law for Colorado on

Q: if you are issued a a 12-35.5-155 citation what penalty does this carry

Courtney Edwards answered on Feb 28, 2019

I think you have an incorrect statute number. Article 35.5 of Title 12 only goes up to Section 120.

If you meant a violation of 12-35.5-115, a first offense is a Class 2 misdemeanor which can include a fine of $250 - $1000, and/or a jail sentence of 3 months - 12 months. A second or...
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2 Answers | Asked in Divorce for Colorado on

Q: My wife hand delivered a petition for divorce. I executed an Acceptance and waiver of service. What starts the calendar

Is it the initial service date or the date I signed and delivered the waiver back to her and her attorney?

Courtney Edwards answered on Feb 27, 2019

The date you signed the waiver.

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1 Answer | Asked in Criminal Law and Construction Law for Colorado on

Q: Can a judge make the decision to set my case for trial

Judge was upset because my case has been going on for 14 months negligence of p.d.offic this is my 2nd i went in last moth to enter guild plea pd wast equipped again judge set it for trial i tryed to discontinue he serves did i do that wrong i got a new appt w her she didnt even know it was set for... Read more »

Courtney Edwards answered on Feb 20, 2019

I'm not entirely sure what you are asking here but yes, a judge can enter a not guilty plea for you and set your case for trial. Especially when you case has been active so long without any movement.

1 Answer | Asked in Criminal Law for Colorado on

Q: Does it make a difference if the summons of the felony has listed next to the violation that the 18-4-502 was an attempt

The violations listed are 18-4-502 (attempt) and 18-4-501 (4) (d). First ever violation, no previous record. 25 years old. Was drunk and confused about the incorrect building. How serious is this? What is the possibly of actual time to be served? Is it recommended to get legal representation?

Courtney Edwards answered on Feb 18, 2019

Any felony charge is extremely serious as it will affect you for the rest of your life. You should absolutely consult with an attorney and if you cannot afford one, apply for the public defender.

3 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: Will my ex have to count his income “assistance” on our financial worksheet?

My ex doesn’t work or go to school. His mom pays all his living expenses bc they are extremely wealthy.

I just got a job offer in Nebraska and want to go to court and ask for my son for the school year and he can have him for breaks and weekends and such (it’s only 5.5 hrs away).... Read more »

Courtney Edwards answered on Feb 18, 2019

I agree with the other two answers but have this to supplement:

1. You are supposed to claim monetary "gifts" as income on the sworn financial and child support worksheet. You could argue that the money from his mother is a gift. But, as mentioned by the other attorneys, there is a...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: Hello, My ex has filed a motion to modify parenting time, how do I respond please? Thank you!

My ex filed this in response to me enforcing a child support order

Courtney Edwards answered on Feb 13, 2019

There is a general response form that the Courts have available online, see JDF 1315 (google "colorado jdf domestic forms"). You'll need to fill it out, file it with the court, and give a copy to your ex. Also see JDF 11031I- that is the instruction sheet on how to file a response.

I...
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1 Answer | Asked in Divorce for Colorado on

Q: I divorced my ex husband 2 years ago. I let him keep his 401k. Now I want some of of it.. can I get it

401k

Courtney Edwards answered on Feb 11, 2019

If it was brought up and addressed in the divorce (listed on his sworn financial and in the separation agreement), no, you cannot re-open the divorce to get at his 401k.

2 Answers | Asked in Family Law and Child Custody for Colorado on

Q: My son's father hasn't seen him in 19 months. Can I move out of state with my son with my son's father's consent?

The only court ordered thing was child support. He doesn't care to see his son

Courtney Edwards answered on Feb 7, 2019

It depends on the arrangement you currently have- if there is a court order in place, you'll need to modify the terms of the court order first. Your son's father's consent will greatly help in the process as you can file a stipulated amendment to what ever agreement was last adopted by the court.... Read more »

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1 Answer | Asked in Criminal Law for Colorado on

Q: I am 55 and have ms. My ex daughter in law is sending me nasty messages. I was wondering if I could get her for

So this has been an ongoing thing for the last few months. I have tried to be nice and stay neutral between her and my son. But it has just gotten so out of control, she says awful things about me, which I can handle most of it, but I have ms and when I get upset my heart rate goes up above 160 and... Read more »

Courtney Edwards answered on Feb 5, 2019

You need to tell her you don't want contact from her any more (you can do this through text). You should also call and make a police report about the harassing texts. If she doesn't stop, apply for a civil protection order against her.

1 Answer | Asked in Criminal Law for Colorado on

Q: My ex set me up causing a violation of restraining order against me and also planted drugs in my possession all due to

Court for custody coming up I have proof she set me up and several text mesg to me stating she would take everything from me

Courtney Edwards answered on Jan 28, 2019

You should really speak to an attorney about how best to address this at your hearing.

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