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I was in a court battle for nearly 2 years. I was summoned yet again for Modification for Child Support can I just mail my finances and not go so they can just tell me what I need to pay?
answered on Nov 27, 2017
Your best action would be to request permission to appear by phone so the court hears your side. Your attorney can try to arrange this for you.
She hasn't contributed to the relationship or children during the 3 years demand's half of his assets plus alimony
answered on Nov 27, 2017
All assets acquired during the marriage are considered marital property subject to an equitable division by the court. Exceptions for gifts/inheritances. alimony is granted depending on the length of the marriage and each parties' earning potential. Generally, "fault" is not... View More 
I live in Colorado springs. My son is almost 10 his dad has not seen him since he was 8 months old. I am the sole provider. I want to get full sole custody of him. I dont want his dad to be able to ever come back and just take him. Can I file abandonment charges on him and if so how can I do it if... View More
answered on Nov 27, 2017
There is not really anything as "filing abandonment charges". You may be able to get "full custody' depending on what your existing papers say and the facts of the situation. Even then, the father will probably be allowed to have appropriate contact with his son. you should... View More
Are fighting he says he'll get her for kidnapping can she get in trouble
answered on Nov 27, 2017
This depends on exactly what the court orders say. You may need to get court permission to do this, You should retain an attorney to review the situation and advise your daughter.
My 4 yr old childs dad gets her every other weekend. He is court ordered to do a BA tests once before pickup, once in the middle of his weekend, and once after drop off. If he doesnt do the BA tests can i refuse to give her to him? Or will i get in trouble for denying him his time even though he... View More
answered on Nov 21, 2017
You should comply with the court order. However, if you file a motion alleging that the child is in imminent danger, his parenting time will have to be supervised until a court hearing, which should be held within 14 days. I am not sure that his failure to take the tests constitutes imminent... View More
My fiancé and I want to move to another state, moving away from Colorado. My fiancé had a child with her ex husband and wants to prevent the 3 of us from moving from Colorado. We are wanting to move to improve financial standing, be closer to family, and for new jobs as our companies want us to... View More
answered on Nov 21, 2017
Under Colorado law, you need court approval for any move that significantly impacts the other parent's contact with the child. You need to file a motion for the move. You will have to show the court that the move is an overall good for the child. You should retain an attorney to do this for you.
There has been overpayment to my x-wife for Child Support over the last 18 months, how do I get this overpayment back? (Colorado)
answered on Nov 20, 2017
It depends on how/why you overpaid. Did you pay more than was ordered? If so, that may entitle you to some relief. Was the child emancipated while you paid? That also may help.You should retain an attorney to review your situation and advise you.
The APS thinks my daughter is exploiting me and wants to take over my care . She’s not and I want no one to take care of besides my daughter.
answered on Nov 20, 2017
You have the right to object to appointment of a conservator. However, it is up to the court to decide if you need a conservator and who that should be. You should retain an attorney to advise you .
I’ve been primary custodial parent for last nine years. My ex wife has asked to take our oldest for high school (next year). I’ve stated it’s not in his best interests, she thinks it is. So now that I’ve said no she says she filing with court.
answered on Nov 20, 2017
You should retain an attorney to respond to her motion. There are different standards for the court to apply depending on the amount of time you have had versus what she is requesting. That may be "best interests of the child" or 'endangerment", depending on the facts of your case.
We are not sure who the father is, but either way, we want to raise the baby as mine. Does the other alleged father have the right to demand a paternity test? If it is his, would he have the right to claim custody and strip me of legal guardianship?
answered on Nov 17, 2017
You are presumed to be the legal father since the child is born to your wife. The other man can file a paternity action and request a paternity test. If he is determined to be the biological father, the court can decide which of you is the legal father, taking into consideration the best interest... View More
My son's mother said she is going to get a court order to make me see my son. Is that possible? I have not seen him in over 2 years and I do not plan to.
answered on Nov 17, 2017
In over 40 years of practice, I have never heard of a court doing that.I do not think the court has the authority to do it.
answered on Nov 16, 2017
Your income is not counted in calculating your spouse's child support obligation (for a child that is not your child). Also, you have no obligation to pay your spouse's child support obligation.
the father says he has the legal right just to take him, I want him to visit with our son but since he is only 4 weeks old what rights do I have?
answered on Nov 16, 2017
If there is no court order, either parent has the right to possession of the child. If you can not agree on a parenting plan, you should file an action for allocation of parental responsibilities (custody). The court will set a parenting time schedule in the best interests of the child. you should... View More
We've been doing a week at a time with our daughter and now he decided not to let me have her back. Will the verbal agreement hold up in court?
answered on Nov 15, 2017
If there is no court order, either parent may retain possession of the child. If you can not agree on a parenting schedule, you should file an action for parental responsibilities (custody). The court can then enter orders regarding decision making and parenting time, in the best interests of the... View More
I am in Douglas County. The Father is currently only allotted up to two hours visitation twice monthly with a passed drug test before and after each visit as well as two weekly phone calls for 30 minutes each.
answered on Nov 14, 2017
Generally, the surviving parent will assume full custody of a minor child.You can designate a potential guardian in your will. However, it is up to the court whether to honor that designation.
My ex husband has refused to agree on what counselor to use for my children. He also refuses to agree to alternative medicine treatments. We share legal custody and medical decision making. Does the decision making extend to mental health and alternative medicine? Or is it more for agreeing to... View More
answered on Nov 10, 2017
I believe medical decision making refers to all of the above areas. Your parenting agreement may have a procedure to resolve matters if you can not agree. Also, you could consider applying to the court for a change to sole medical decision making. You should retain an attorney to further advise... View More
we both want the divorce, and want it to go easy.
we split everything already, i don't want child support or alimony, but is it required?
Can u get 50 50 custody? and can we both file for the divorce equally?
answered on Nov 8, 2017
Custody needs to be decided in the best interest of the child. A 50-50 arrangement may be acceptable if it is the child's best interest. Child support is usually decided by a formula which considers the amount of time each party has the child overnight, the incomes of the parties, and certain... View More
My children's father lives in CA & we live in Colorado. He is the non custodial parent, and I have full custody. He recently moved, but listed his WORK address on the driver's license and refuses to tell me where he's living. He wants to fly the children, under 7 years old, to... View More
answered on Nov 7, 2017
You can insist on knowing where he lives if the children are visiting w/ him. You can request a court order for disclosure. You should retain an attorney since it appears you and he are not able to work together.
answered on Nov 6, 2017
There is not supposed to be a correlation between paying support and parenting time. However, not paying child support may be viewed by the judge as a negative factor and bring into question your concern for the child. You should retain an attorney to assist you with this important issue.
We have separated at her request and we now live apart. She took my son and was giving him to me on weekends and whenever I had a day off. The last time she brought him down I told her I wanted to see him more and have been keep him here with me. Can I legally do this?
answered on Nov 6, 2017
Unless and until there are court orders in place, each parent has the right to possession of the child. If you can not reach an agreement on parenting time, you can file an action for Parental Responsibility and request the court determine a parenting schedule. The court will also enter orders for... View More
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