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Questions Answered by Brock Richard Wood
2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: When having a person served papers do you have tp use a process server or sheriff.

My ex tried hand delivering papers to restrict my parenting time

Brock Richard Wood
Brock Richard Wood
answered on Jan 24, 2023

When serving process on a person in Colorado under Colorado Rule of Civil Procedure (C.R.C.P.) 4, any person who is a US citizen 18 years of age or older can be the process server. That person can be a private process server, a Sheriff's deputy, or even a friend or relative of the party to the... View More

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: After the CFI report has been filed, and the magistrate said supplemental/rebuttal report needs filed within 14 days…

Can i write a rebuttal report regarding all of the collateral contacts telling bold faced lies that I have proof of?

Brock Richard Wood
Brock Richard Wood
answered on Jan 23, 2023

You can always challenge the CFI's conclusions and recommendations if you believe that a third party told a lie to the CFI and the CFI relied on that lie in coming to a conclusion or recommendation in the CFI's report. If you are filing a rebuttal document, make sure to attach the... View More

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I’m in a custody case what form is it to get a default judgment order so I can have the other person drop from case.

She was served it’s been 96 days and she still hasn’t filed a response nor any paper work. However she has been to the first meeting and mediation. But haven’t file parenting plan a response sworn financial statement nothing. So I want her to be dropped from the case if that’s possible

Brock Richard Wood
Brock Richard Wood
answered on Jan 23, 2023

In Colorado, you can ask the court to set a "default judgment hearing" if the other side just goes "radio silent" like this. At a default judgment hearing, the other side may be limited in the evidence they can put before the judge because the other side has not complied with... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: When changing a venue for child custody, does the petioner have to have the respondent re-served?

Does a venue change have to occur or is just an option for a custody case for a child under 6

Brock Richard Wood
Brock Richard Wood
answered on Jan 21, 2023

In Colorado, a child custody case (known as an "allocation of parental responsibilities" case) is filed in the county in which the child resides or where the child is found. See Section 14-10-123, Colorado Revised Statutes (C.R.S.):

"(1) A proceeding concerning the...
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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How much would it be to hire a lawyer for court one time to fight an emergency custody order?
Brock Richard Wood
Brock Richard Wood
answered on Jan 1, 2023

Hello. You should consult with an experienced Family Law attorney and give him/her the facts in your case. Then ask the lawyer what sort of representation assistance the attorney can provide and how much it would cost.

In general, however, under the Colorado attorney ethics rules and...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: How does custody work when your child is only 15 months old and can't voice any kind of personal parental preference?

I am still currently married to my wife and we have a 15 month old daughter that we both love dearly and want the best for, but I am at my breaking point in regards to my relationship with my wife. She is not the woman I married and I fear that staying married to her will not only keep me... View More

Brock Richard Wood
Brock Richard Wood
answered on Jan 1, 2023

Hi, James. I am sorry to hear about your unhappiness. Hang in there.

The question you ask is "How does custody work when your child is only 15 months old". The age of the child is a factor that the courts in Colorado consider when allocating "parental...
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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Can I be in legal trouble for taking my 6 year old daughter by her dad's house to get her own things?

There is not/never has been a restraining order upon me. The house is owned by his girlfriend. We have a mediated agreement in place for the parenting plan that simply designates a dropoff spot. We had just been at that spot, when she said she forgot her stuff. I tried to flag him down, texted... View More

Brock Richard Wood
Brock Richard Wood
answered on Jan 1, 2023

From your description of the facts, it does not seem that you actually entered the father of the child's home. How old is the child? Based on your description of the facts the child must be old enough to walk, unaccompanied, from the curb into her father's house and go back out again.... View More

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Opposing counsel said I was mentally ill & an alcholic.can she just make these claims that’s aren’t true? How can I stop

The lawyer is doing this because I had told my ex on talking parents I was going to file a motion to relocate. She then came back with accusations to take my kids away. Trying ti get full legal and physical custody. Trying to stop my relocation.

Is it illegal for her to call me mentally... View More

Brock Richard Wood
Brock Richard Wood
answered on Jan 1, 2023

I agree with the other attorney who answered this question.

My two cents: If an attorney makes baseless allegations against you, and there is no support for those allegations, that usually is a good thing for you.

Why? Making baseless allegations, that you can prove are baseless,...
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