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I am legally still married but my spouse and separate in 2013 . I currently gave birth to a child who is not my spouses. My spouse has provided for my son from day after the biological father when awol . After genetic testing confirmed the biological dad a court hearing is set .
answered on Feb 5, 2018
A child born during the marriage is presumed to be the legal child of the husband. A child is also presumed to be the legal child of the biological father. If both presumptions apply, the court can determine the legal father based on the best interest of the child. The husband may be determined to... View More 
I know my brother was involved with her but I had never once met her.
answered on Feb 1, 2018
You would have had to be served with court papers. that as your opportunity to challenge the matter. You may still be able to do so. you need to retain an attorney to see if anything is possible.
Father will not respond to phone calls or text. His own mother that he was staying with in a different State now has no idea where he may be living. I need to enroll my daughter in school and of course they want custody information!
answered on Jan 31, 2018
If there is no court order, both parents have full custodial rights. You should be able to register her in school since there is no court determination of custody.
answered on Jan 31, 2018
Child support and visitation are completely separate. You can not lower your support just because you are being denied parenting time. Your remedy is to ask the court to establish or enforce parenting time orders. You should retain an attorney to help you with this.
Father was informed. But after they returned from vacation; father claimed he knew nothing of mother taking child away and he is going to take mother to court. The courts have never been involved for this child. The father has always threatened the mother with a lawyer because he wants control at... View More
answered on Jan 30, 2018
There is no prohibition to taking the child across state lines. It may be best if there is a court action which will set up a parenting time schedule and set some child support arrangements. she should retain an attorney for this.
answered on Jan 29, 2018
In Colorado, child support is payable until age 19. However, child support can be terminated by court order if the child is emancipated before then. Living on his own and supporting himself are signs of emancipation. It is up to the court to decide if he is emancipated.
My son's father and I have been together since he was 1. His mother has not called or seen him since the first few months we've been together. She has missed his 2nd and 3rd birthdays. They have a custody agreement of 4,3,4 (split) but the last time in 2 years and only time she asked to... View More
answered on Jan 29, 2018
You may be able to adopt him if the court decides she has abandoned him and that it is in the child's best interest to have you adopt him. You should retain an attorney to help you with this
We have orders in place now. He also has a status conference Monday January 29th. I'm worried for my daughter's safety.
answered on Jan 29, 2018
You should comply with the existing orders. If you feel your daughter is in imminent danger, you can file a motion to restrict parenting time. Then any parenting time must be supervised until the next court hearing within 14 days. You should retain an attorney to discuss how best to proceed.
His paychecks in Texas do get garnished but other than that no contact is over 6 years. I am remarried and my husband has been raising him.
answered on Jan 29, 2018
The only way to terminate his rights is if your husband adopts your son. If that happens, his father will no longer be liable for current support. You should consult with an attorney to discuss this.
Im 18 years old and a freshman in college. I have a part time job. I currently do not live with my parent, they live in a different state. My mother was abusive to me when I was younger, but will try to continue verbal abuse over the phone. My father never stopped it or tried to stand up for me or... View More
answered on Jan 25, 2018
At age 18, you are a legal adult and are emancipated. You can decide what contact you have with your parents.
He was 3yrs he is now 14 his name first and last were changed and im not aloud to have any means of communication with him. And half of my wages and all my taxes are taken
answered on Jan 25, 2018
You should not be responsible for child support that was due after the adoption became final. You are responsible for any unpaid support from before the adoption. You should retain an attorney to review the situation and advise you how to proceed.
answered on Jan 25, 2018
Yes, each parent is entitled to know where the children are while with the other parent.
answered on Jan 24, 2018
If you are not sure you are the father, you may want to request paternity testing. You should be sure to respond to any papers you receive. you should retain an attorney to advise you.
My son's resides with his mother in his grandmothers home. I live in Indiana and moved here for a job. My son's mother has taken off to California with no warning and left my son with her mother (his grandma). I am in the process of arranging things to where I can get my son and bring him... View More
answered on Jan 22, 2018
You should be prepared to show the court that it is best for your son to be with you. You should emphasize the time and contact you have had with him. Be prepared to discuss local schools/church/medical providers etc. Show the court you can/will take care of him You should retain an attorney to... View More
My son's father had him on an insurance policy and shortly after court dropped it and put him on medicaid. I now am a full time employee at my job and have signed up for insurance including my son. Can I take him back to court for child support? I pay for all of my son's expenses which is... View More
answered on Jan 22, 2018
The child support is determined by a mathematical formula which factors in each parent's income, the number of overnights each parent has with the child and certain expenses, such as the cost of the child's health insurance and child care expenses. You may be able to request a... View More
answered on Jan 22, 2018
Most attorneys will want a retainer (advance payment) depending on how complex/contested the case seems to be. Many lawyers do take credit cards, so that might be an option.
The distance makes 50/50 custody very difficult. The mother is opting to move closer to her boyfriend and new job. They rent a house while I own my home. The mother previously lived 10 minutes away.
answered on Jan 22, 2018
Court approval is required for a move that substantially impacts the other parent's parenting time. You could request the court issue a ruling about this. One hour away may or may not be considered too far. It might be ok for a week on -week off schedule.
I am currently paying my ex child support for our 3 kids. Our son turned 18 yo and started college. My ex still receiving the child support for him but will not provide him anything while at college- no clothes, food, etc. My ex also has not seen our son since July 2017 despite living 5 miles away... View More
answered on Jan 18, 2018
You need to pay until and unless the court modifies the order. It sounds like you have filed for a modification. If granted, the court may make the modification retroactive to the date you filed the motion. You should retain an attorney for this, especially since your ex has counsel.
What is the process?
answered on Jan 18, 2018
Yes, you can file in the US if you live here. In Colorado, that requires 91 days of residency-183 days for child custody jurisdiction. the process is started by filing a Petition for Dissolution of Marriage. I have a summary of the process on my website: johnbarrettlawyer.com. You should retain an... View More
i have a 17 year old daughter, since we lived in newyork and florida and those 2 states are non-common law, will the judge in colorado honor my 20 year of being with my husband? can I fight this in court for alimony.
answered on Jan 17, 2018
I think the judge will view this as your having been married since 2000. You may receive alimony (maintenance in Co.) depending on your respective incomes. You may also get child support depending on the time sharing for your daughter. you should retain an attorney to represent you in the divorce
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