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Questions Answered by Rebecca Pescador
1 Answer | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: Can a mother win a trial for D&N case if she is the offending parent of a newborn? While fighting an open case.?

New baby with new father new case while separate case open with older child set for APR hearing.

Rebecca Pescador
Rebecca Pescador
answered on Mar 13, 2023

I don't think anyone can give you the reassurance you appear to be looking for. Mostly, you're asking us to predict the future.

Is it possible? If all of the facts align correctly, if the Judge sees it from your perspective. Yes, it's technically possible....
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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: If a parent can’t make it to every appointment, can they ask a step parent to go in their place?
Rebecca Pescador
Rebecca Pescador
answered on Mar 9, 2023

Since you're asking, I'm guessing that perhaps the relationship with the child's other parent is not particularly cordial. So my first recommendation is read your Orders to see if there is any restriction. Sometimes, there is a restriction in the Order, usually if there has been... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: when a parent decided to move out of state leaving child with the other parent does there have to be a full 80/20 split

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Rebecca Pescador
Rebecca Pescador
answered on Mar 9, 2023

As Ms. Janko noted, child support is going to have no bearing on the division of parenting time. The one and only time under Colorado law that they have any bearing on each other is when child support is calculated, the parenting time (specifically the number of overnights) is part of the formula.... Read more »

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1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Civil Rights for Colorado on
Q: What is considered a sufficient (minimum) amount of time to be given a notice of a family court hearing In hours or day?

So if a opposing party would intentionally show up at my house with the objective to get me arrested for a warrent that was granted off of false information. Then after finally being released from jail 8 days later I would receive a letter via USPS about a hearing to restrict my parenting time... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Mar 8, 2023

This question is impossible to answer without more information. Generally, the notice must be "reasonable". Many factors can go into whether it is "reasonable" or not though. In some circumstances it may be "reasonable" to expect parties to appear at a hearing... Read more »

5 Answers | Asked in Family Law, Immigration Law and Personal Injury for Colorado on
Q: Colorado can you petition for a jury trial in divorce
Rebecca Pescador
Rebecca Pescador
answered on Mar 8, 2023

No. Colorado does not permit jury trials for divorce matters.

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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?

Rebecca Pescador
Rebecca Pescador
answered on Feb 27, 2023

This is not a simple or straight forward question to answer. There are layers here.

If both parties request for child support services to stop enforcement, they will generally finish anything that is already pending before the court before stopping. They will not reverse any enforcement...
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1 Answer | Asked in Probate for Colorado on
Q: If an Estate originated in Missouri but their was property in Colorado which was sold. A probate was filed in Colorado.

Do I follow the Missouri the distribution of the funds since the person died in Missouri?

Rebecca Pescador
Rebecca Pescador
answered on Feb 21, 2023

Generally, if a person dies in another state, their primary probate action will be in that state, as you have described in this situation. The proceeding opened in Colorado is called an ancillary probate. It is for the sole purpose of addressing the property located in Colorado.

The...
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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.

Rebecca Pescador
Rebecca Pescador
answered on Feb 13, 2023

First, thank you for providing this very helpful service. It is beneficial to your grandson to have these visits with family present rather than in a professional facility with a stranger. There are also, sadly, far more parents who are required to have supervised visitation for a period of time... Read more »

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1 Answer | Asked in Family Law for Colorado on
Q: I need help getting mediation as he isnt following through on things such as letting me know who and where my daughter
Rebecca Pescador
Rebecca Pescador
answered on Feb 3, 2023

It is not quite clear what you are asking here.

If your question is how to find a mediator, that is relatively simple. If you go onto the state judicial website, www.courts.state.co.us, pull up your county's court, then you can find the link to the Office of Dispute Resolution (ODR)....
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: I need to know about how to help a minor get emancipated

The minor has a job and intends to move in with 2 other people over 18 in a few months

Rebecca Pescador
Rebecca Pescador
answered on Feb 3, 2023

Emancipation in Colorado is not something that easily fits in a checklist. It is based on several factors and ultimately the judge uses discretion to weigh all of those factors and make a decision. The bottom line is whether the child can demonstrate a full ability and active effort to currently... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can my ex refuse to allow me to pick upour kids at the time that's stated in our parenting plan?

We have a current parenting plan that states I have my children every other weekend starting on Fridays at 5:00. My ex has filed a motion to restrict my parenting time alleging that he thinks the children are endangered due to my boyfriend breaking and entering while the children were here which is... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 27, 2023

You mention that your ex filed a motion to restrict your parenting time. If he did so, then there is an automatic injunction that suspends your parenting time until you both get in front of a judge. If he filed on January 20, then there should be a hearing date set by now. The Court has to hear... Read more »

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?
Rebecca Pescador
Rebecca Pescador
answered on Jan 27, 2023

From a legal perspective, this isn't a very long delay. So the answer would depend on a couple of factors.

First, how does your Decree read other than when she was to pay the equity? Is there any language about indemnifying you from harm? If so, that would be useful. If there...
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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Hello. Is there a way to block a child support modification since the mother refuses to allow me to see the children.

She requested a child support modification and it had nearly doubled. The mother has not allowed me to see the children nor communicate wirh me. She has left the state twice and I couldn't find them for years so how do I stop or block the child support modification? I have not received... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

The short answer is no, you can't block a child support modification because the other parent is denying you parenting time. Under Colorado law, the beginning and end of what child support and parenting time have to do with each other is in calculating the overnights.

That does not,...
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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can my ex wife use my name? Legally changed her name 2010. Harassing landlord to get me evicted due to custody issues.

My ex-wife moved to Nebraska at the end of 2021. My landlord notified me that she called using my last name to get information about my apartment and living arrangements. She absolutely insisted that they take pictures and invade my privacy. She was curious as to who all was on the lease. She also... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

If I am following your explanation correctly, you have been divorced for some time, and in 2010 your ex-wife changed her name so it was no longer the same as your last name. Her legal name is now, and has been for many years, her prior name.

If that is the case, then no, she cannot legally...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: What happens if my ex doesn't follow the separation agreement that is part of the final orders in our divorce decree?

In Colorado, my ex agreed in the separation agreement to pay me half of the mortgage since his name is on the house too. The separation agreement is part of the final orders of our divorce decree. Now he's saying he's not going to pay it. Isn't that a violation of a court order, and... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

If your final orders say that he is to pay 1/2 of the mortgage and he is not doing so, then yes, that is a violation of the orders. Yes, you can file a motion for contempt.

Remember that when you file contempt you need to be able to prove 4 main elements: 1) there was an order requiring...
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1 Answer | Asked in Estate Planning, Family Law and Child Custody for Colorado on
Q: When creating a will do I have the right to state that I don’t want my minor child around certain people till age 18

My child’s paternal grandmother is a addict and a child abuser and is not allowed around or alone with my child until he turns 18 preferably 21 years old

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

The answer to this is essentially a 2 part answer.

First, yes, you absolutely have the right to express that in your Will. There is broad freedom to include things in your Will. That includes statements about who you prefer to finish raising your minor child, conditions around any...
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2 Answers | Asked in Bankruptcy, Estate Planning and Tax Law for Colorado on
Q: How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims

How can I protect my separate assets (cash, savings, car) from my spouse’s potential future debt claims (IRS seizure, collection lawsuits from business and credit card creditors)? Divorce is not anticipated. This is in Colorado.

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

This can be a tricky question, and it is my understanding that the answer may vary for different purposes, so it would be wise to also get opinions from a bankruptcy attorney and a tax attorney as well. This answer is going to be from an estate planning and family/divorce perspective. I do not... Read more »

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1 Answer | Asked in Probate and Wrongful Death for Colorado on
Q: Do I have any rights here? Is he my husband?

Last year my s/p and I filed taxes together. He recently was killed by a drunk driver. We were together 4 years. I told his mother I already filed taxes for this year which I plan on doing. We were practically married and everyone knew it. He made this huge post on FB claiming me etc. I’m his... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 24, 2023

First, my condolences on your loss. Please make a little time to take care of yourself. You have a lot going on and I'm sure it's more than overwhelming. You'll make it through it. You have to take care of yourself so you can keep your wits about you.

This is a really...
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1 Answer | Asked in Probate for Colorado on
Q: My daughter’s grandmother left her a bank account and her cousin was in charge of it.

Come to find out cousin wired herself the money from a 1st bank of colorado to New York where she lives. How do I start the process of prosecuting? It was only about $6000 but it was my daughter’s .

Rebecca Pescador
Rebecca Pescador
answered on Dec 28, 2022

There is not enough information here to be able to provide an answer. I can provide some general information based on some possible scenarios.

The first question is what the cousin's legal status was in regard to "being in charge of" the bank account. Depending on the...
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1 Answer | Asked in Family Law for Colorado on
Q: How long do you have to file a signed mediation agreement

If family court ordered mediation and the mediator only filed the form stating mediation was complete and the co-petitioner will be responsible for filing the signed agreement, is there a certain time frame that agreement needs to be filed in before the courts will no longer accept the request to... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Dec 28, 2022

There is not a specific time frame after which the court will not accept the signed mediation agreement and approve it. That is a matter of the judge's own discretion. Different judges choose to handle that situation differently. The judge is aware that this is unresolved on their docket.... Read more »

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