I have an open case with the department of social services here in alamosa co. They took my children from me on August 29th 2018. I'm still not sure exactly why my kids were taken from me. I have just recently found out that my nine year old son has been diagnosed with rheumatic fever.
I am sorry to hear about your situation. Social services should tell you why they took your children. You can contact them to find out. If they were concerned for the children's safety and removed them for that reason, unless they did not have a sufficient basis for the determination a lawsuit...Read more »
We do not know how to get a referral for her forensic assessment and wondered if getting a pro bono lawyer, as we are a low income family, would help solve our issues. I have a ton more information regarding the exact situation if this is the right direction.
You should consult with an attorney who will need information about any prior court orders and will need to understand the context of the need for a forensic evaluation. This matter clearly has a history involving some form of safety issue. You could also consult with a therapist who might be able...Read more »
It depends on the situation. Generally if you have been caring for the child for the past six months you may have some rights to file for custody. However, you should contact the Department of Human Services if the children are in danger.
You should consult with an attorney and share more details. This does not sound like a good situation for a child to be in. Perhaps you should file for an allocation of parental responsibilities to work out with the mother or the court the best situation for the child.
I was granted 50/50 custody of my 9year old daughter with my ex's mother after a very long CPS intervention. For the last 2years, I have only been granted access to my daughter 2x per week for an hour under the watch of CPS. But I have always learned from my mistakes and got sober for my... Read more »
People in court say if I drop protection order I won't get my daughter at perminant planning trail. Is this legal for them to do? The protection order I put on him was after they took our daughter. But before they took her we both was doing meth and he punched me and kicked me. But I believe now... Read more »
The answer depends on the specific facts of your case. If you take an action that the court perceives as not being in the best interests of your child for safety reasons, that will impact an allocation of parental responsibilities decision. You should speak to an attorney to determine the best...Read more »
My soon to be ex husband was abusive during the relationship. I never called the police, or talked to anyone about it. We both drank a lot, however he has videos of me drunk to use as "dirt". He is using my mental state during the relationship against me (I suffer from depression, ptsd, and... Read more »
I am sorry to hear about your situation. It sounds like you may have already filed a dissolution petition, but if you have not, that is how you would ask the court to decide issues of parenting and property division. You should consult with an attorney given that you have children and a home. Many...Read more »
Either parent could be granted primary allocation of parental responsibility. There are many factors. One factor is a parent's ability to encourage the sharing of time with the child. That would count against a parent who withheld a child from another parent. It sounds as though there may already...Read more »
My son was taken from in maryland when he was 5 years old i did not have a custody order, his mother took him to texas and legally signed over his custody to his granparents without my permission, he is now 26 years old, I have just located him, I would like to know if i can still file a charge... Read more »
I am sorry to hear about your situation. If there was no custody order, then likely there was no parental kidnapping. Absent a custody order or mandatory injunction upon filing a petition, a parent is free to relocate with a child
An attorney would have to see the order. Generally if the other party has the child during your parenting time without your consent, then that would be a violation. However, you have had a CFI investigation so your case is likely somewhat complex and it is not possible to know what the situation is...Read more »
It depends on where all of the parties are and what the court order says. If your husband has sole physical custody and the Mother has visitation, it seems as though the child would already be living with your husband. You should consult with an attorney and explain the details of your situation.
Im in colorado.. my child is kept away she hides her location and only contacts me through court system for child support. I'm being taken advantage of and cannot afford legal assistance. I see hundreds of sites for mothers but very few for fathers and the ones that are there are not really free... Read more »
I am sorry to hear about your situation. You could check with Colorado Legal Services or the pro se assistance centers at the courts. You may be looking at submitting a parenting time dispute if the other parent is not following parenting time requirements.
If an unwed couple having had four children together during the course of their relationship were to separate without either parent beginning any legal proceedings regarding the custody of said children, is it lawful for the mother- purely out of spite towards the father- to not only forbid any and... Read more »
In this scenario the Father should consider filing an action for allocation of parental responsibilities to set forth parenting time and child support. Absent a court order preventing a parent from relocating with a child, either parent may relocate with children. You will need to file the action...Read more »
Usually if you have a venue issue, you would move to change venue rather than dismiss. If the action was filed in the county where you reside, then the venue will likely be considered proper. With regards to the location of the child, Colorado has to be the home state of the child.
You should not withhold access to the child. If you are not receiving support, Child Support Enforcement (CSE) can take action if your payments go through CSE. You could also file a Motion For Contempt and file an affidavit of arrears to obtain a judgment on which you can attempt to collect. You...Read more »
My sons step mother was ticketed for child abuse that she admitted to, she bite him leaving a mark. His father admits to being there when it happened. DFS has not removed our son from their home he is there 50% of the time. I am worried that if she loses her cool she could hurt him more next time.... Read more »
It is absolutely reasonable to file a motion to modify parenting time based on the wife's abuse, especially if the child's dad was there and did nothing to stop it. Steps need to be taken to protect your child during father's parenting time- a motion to modify parenting time, alleging that the...Read more »
On a sworn financial statement, do you need to disclose the credit card being used to pay your attorney fees if requesting the other party repay your fees? And if the others party shows negative income on their sworn financial statement.
And if an activity falls on one parties visitation... Read more »
I felt it was what was best at the time (I did not have a place to live) and an agreement was made that I could see and talk to kids. Divorce is final (per her) I am trying to get copies. She refuses to allow me to visit, or even talk to the kids. Is it too late to do anything?
Initially, this will depend on what the divorce decree says about this. Also, you may be able to request a modification if you are not satisfied with those provisions. You should get a lawyer to help you with this.
Husband and I separated...we agreed I would come to colorado while he worked on things. Once I and the kids got here he claimed to want a divorce. We have been here 4 m ths. Am I able to file in county where I reside and have it cared through colorado courts.
You can file for divorce in colorado since you have been here for 91 days. However, Colorado will not have jurisdiction to decide custody issues until you have been here for 182 days before filing. Therefore, you should wait until then. You should get a lawyer to help you with this.
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