She wants to turn herself in with her lawyer but wants me to pick the daughter up before she does that so she's with someone safe. What should I do to make sure I have guardianship of her for school, medical and other things?
Colorado has an informal guardianship procedure whereby a parent can delegate parental control over a minor for a 1 year(?) period. This involves signing a simple form. See if NM has a similar procedure.
Not in the picture. Can I go pick the daughter up and take custody of her?
No, you have no basis at this time. You could consider bring an case in NM, depending on their laws. However, I doubt there is a basis. Perhaps the mother will consent to her daughter being with you.
I've been going through a custody case where my daughter's mom is using my current moment of unemployment due to unforeseen back surgery. Her and her attorney have made false accusations, one after another and having a super biased magistrate and no representation, they have succeeded in... Read more »
At this point, you may need to retain your lawyer privately, not through Legal Aid. They are not really set up to help everyone who needs it.
The mother has more financial help from her husband and to top it off gets a substantial amount of money from tax returns (has 3 kids) she took off with my daughter(4yrs old) to Ohio for 3yrs and just recently married and moved to Iowa. My daughter was born in south dakota and when the mom left I... Read more »
IS THERE AN EXISTING ORDER RE PARETING TIME? IF SO, YOU SHOULD SEEK TO ENFORCE IT. IT MAY NEED TO BE MODIFIED IF THE DISTANCE MAKES IT IMPRACTIBLE TO FOLLOW. GIVEN YOUR DAUGHTER'S AGE, IT IS LIKELY ANY VISITATION WILL BE WHERE SHE LIVES-SO YOU MAY NEED TO GO THERE FOR THE VISITS.
IF... Read more »
Your response should explain why the current parenting time order is in the best interest of the child(ren). It should refute the factual allegations contained in the motion. You should get a lawyer to help you with this.
It depends. Overtime is not considered EXCEPT if required by your employer (mandatory overtime), or if so substantial that it is appropriate to consider it. You should get a lawyer to help you with this.
My ex has listed his college tuition contribution to our emancipated children under "Children's Expenses - tuition" on his Sworn Financial Statement. I thought Children's Expenses was referring to those kids that are subject to our child support negotiation, not our adult... Read more »
I think it is ok to list this on the SFS, just like you list your rent/mortgage. However, it should not be part of the actual child support calculation.
My son is almost 9 and my son's father hasn't had contact with him much over his life. We split up before he was born, he's not listed on his birth certificate, however there was a dna test done when he was about 5 months old by social services to prove relationship for child support... Read more »
Based on this, you may be able to have your husband adopt your son. He will have to prove abandonment/non support by the bio-father. He should get a lawyer for this.
Courts also would like me to do a revisment on the child support that is put into order.
Yes, a lawyer can be helpful, especially with the child support issue.
This depends on your child support order. You should have a lawyer review yours and advise you.
Possessions? They can't agree on anything and he changed the locks. He's out for himself and not for his son.
Since they are not married, she can do a custody case for issues regarding their son. She may need to do a partition action (lawsuit) to deal with the house. She can do a replevin (lawsuit) for her personal property. She should get a lawyer to help her with all this.
His mother has been paying his child support for the last two years, he says the only job he can handle is "selling pot" and has refused to spend his court ordered time with our daughter right up until he found out i was getting married at which time he made false reports to cps and many... Read more »
You have to obey the current parenting plan unless the court changes it. You can file a motion to modify the parenting plan in the best interests of your daughter. I do not see that it is a problem for his mother to pay the child support. Your husband can probably not adopt without the... Read more »
Hi I live in Colorado and a year ago I found out I might have a 14-year-old son. He was being raised by his mom and his father but his mom decided to let me know that he could be mine now they are trying to get child support from me is this something I am legally responsible for?
You may be responsible if he is your biological child. The mother would have to bring a paternity case against you. Then there could be paternity testing done to determine if you are the father. If that happens, you should get a lawyer to help you with this.
Which one is better? Who goes into more detail to benefit the child? Child is young, 6 years old this is a high conflict custody.
A CFI is a "Child and Family Investigator". This is person appointed by the court to investigate the situation na give recommendations to the judge about a disputed custody issue. The CFI is usually a mental health professional or an attorney. The parties are usually responsible for... Read more »
He’s now insisting on being the one to take them to all medical, dental and vision appointments. I feel we should take turns since we can’t both go in right now. He’s fighting me on it. We have 50/50 everything. I know it’s a power play but I don’t know what to do.
Assuming there is a court order regarding parental responsibilities, there should be an allocation of medical decision making. Perhaps joint as you indicate. In that case each parent has the right to attend medical appointments. You should have a layer review your order and advise you.
To care for our daughter during his normal week. I agreed to give it a trial period, and see how our daughter handled her dad not being there. However, his new wife has failed to answer all but one of my calls during the week, despite orders stating we are both allowed to call our daughter while... Read more »
This requires a review of your current parenting plan to determine exactly what you can/cannot do. You can file a motion to modify the plan if the current plan is not in your child's best interests. You should get a lawyer to help you with this.
My sister in law has filed for divorce after significant domestic violence and arrests of her husband. Her husband has blocked her access to bank accounts and credit cards and has no money to live on, how can her access to marital property and funds be restored so she can live and pay bills until... Read more »
She can ask the court for temporary maintenance. She should get a lawyer to help her.
So this last Friday my ex came and verbally we had a thing that she's going to pick up the kids Friday Saturday Sunday Monday but instead she shows up but the cops but the protection order saying that I abuse her and my daughter and they took my daughter and gave her custody but they let my... Read more »
I am assuming there is a hearing set to decide whether the protection order will be extended. If so, you need to be prepared to present evidence at that hearing to show that her allegations are false. You should get a lawyer to help you with this.
sit down and come to a fair and agreeable parenting schedule, she filed a restraining order against me, essentially eliminating any contact with my son. The court date for the protective order is Oct. 8.
What options are available to have this bogus order lifted prior to the Oct. 8 court... Read more »
It is probably not possible to get it lifted before the hearing. You need to be prepared for the hearing and should get a lawyer to help you with this.
My daughters father had her get her GED about a year ago at age 17 instead of letting her finish high school. She moved in with me in April and turned 18 in June. My check is still being garnished to pay child support. What should or can I do?
Child support is payable until age 19. You can file a motion to modify support based on her change of residence. You should get a lawyer to help you with this.
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