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... View More

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... View More

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... View More

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,... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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.... View More

From your description of the facts, it seems unlikely that the judge will find you did anything wrong. You attempted to contact him to resolve it. When you went to the house, an adult who resides there let your daughter in, she got her things, and you left. From your description, there was no... View More

My first thought is that your brother-in-law is possibly taking a huge risk to be around any child if he's just out for his offense. He should review all of the restrictions he is under and make sure he's not putting himself at risk. If he is restricted from being around children, he... View More

An underage parent needs a parent/legal guardian to join in the case with them for an allocation of parental responsibilities (APR) case to determine parenting time and decision making. The only exception would be if the underage parent was determined to be emancipated.

The underage... View More

I am very sorry that you are going through this.

It can be very difficult to acquire a court order over an adult. I'm not clear on what you want to accomplish with the court order. A guardianship would give you some authority over her, in terms of things like medical decisions and... View More

Clearly, if you are able to find the key, that would solve it.

If you cannot find the key, however, I think it will be very difficult for her to prove any liability on your part. It is easy to file a lawsuit, so she could definitely file a suit against you. Once she's filed, however,... View More

First, I am very sorry to hear this happened to your mother. That is a difficult situation, even without the legal implications.

At this time, it is important to keep track of legal roles. An executor, or personal representative, does not have any duties until the person has passed.... View More

You don't mention whether your mother-in-law resides in Colorado. The following answer presumes that she does. If she lives in another state, an attorney in that state should be consulted to learn the proper procedure there. If your mother-in-law is no longer capable of making rational... View More