I live in Colorado And have primary and legal custody the mother was defaulted on divorce and relocated to Iowa 7 months ago before divorce was final. She has no visitations the 1st year and only the summer after if she has a place to live being basically homeless now. I have a job offer in CA .... Read more »
He’s on probation for 10 more days his po wont call me back he’s complied with all requests but he’s sneaking out at night he’s getting into trouble with me and I fear he’s only going to get worse. My brother is here from WV and we would all like him to go with him and I need to know how... Read more »
You can accept service by mail and sign the waiver of personal service and send that back to the Petitioner. That does not waive any of your rights to parenting time. You will need to file a response to the petition. You can do that through the free forms provided by the co judicial website...Read more »
My ex and I weren’t married at the time of my child’s birth. His name is on the birth certificate but my son doesn’t see him as his father. My ex left the state for 3 years, only recently returned, has not been paying his child support, and never asks me if he needs anything.i have been my... Read more »
My family was all living in Colorado. My ex-wife and I got a divorce in 2018 (Colorado Jurisdiction), and she moved back to Chicago, IL with our children. We have joint decision making on everything, and I am supposed to get them every 1st and 3rd weekend of the month, but I have not seen them... Read more »
Motion to modify in 11/2019. Doesn’t Colorado have a statute against someone filing this much within 2 years? he also filed an emergency motion to restrict parenting, judge ruled in our favor. Is this frivolous behavior accepted by the court?
A motion for a change in majority time parenting can be filed every two years, although the initial order does not count towards the time limit. As far as a motion for restriction, more is needed than just the fact that he did not prevail.
Can I file a motion to dismiss if my ex filed another motion to modify parenting tine within the 2 year Colorado statute? In addition he filed an emergency petition to restrict parenting, at the hearing the judge ruled in my favor, basically told him he didn’t know what emergency meant. He is... Read more »
A motion to modify can be filed in a shortened period of time based on endangerment. It is not clear how the motion to restrict relates to the motion to modify. If sounds as if he may have lost the motion to restrict and is now filing the motion to modify as a second opportunity to allege...Read more »
A deceased family member helped a significant other raise a baby from the time the child was 2 years old. The family dedicated a lot of time to the child when the mother did not especially when she left him with the step family for weeks on end. There was no official adoption.. now that the family... Read more »
If the step family cared for him for at least six months no longer than six months ago, the step family may have standing to intervene and to ask for custody. However, if the parent is fit, this will be an uphill battle. If the parent is not fit, and it sounds like she may not be, then the step...Read more »
My husband and I have been separated for 2 years now. We don’t have a custody agreement but child support was put into place before we were married. (He has never paid that so it’s come out of my taxes since we’ve been separated) so since we have separated we decided to have our son for two... Read more »
You can negotiate, mediate or ask the court to decide. You will each have the opportunity to present the parenting plan that you believe would be in the child's best interests and to present evidence to support your positions.
I haven’t seen my child in a few years. my ex agrees to parenting time then cancels last minute, I call almost every night and am ignored. I send clothes or whatever I can to support my child under these circumstances. The last time I spoke with my child was last summer after visitation was... Read more »
You can respond with evidence that you have not abandoned the child. You also always have the right to file a motion to enforce parenting time or for contempt if the other parent is not complying with a parenting time order.
I assumed that I was to stay away from her by x amt of ft And knew I was not allowed to call her. We had twins.I emailed her a non-confrontational email. Explained that I did not want to go threw a bitter divorce and basically would become victimized in order to make sure my twins had a well... Read more »
We filed our case Dec 3 2019. We went through mediation and pre hearing with the judge already. This is a child custody hearing. Is she allowed to get a lawyer so late in the process? Also she claims my supervised UA's are not sufficient and wants a hair follicle test now. I do not see how... Read more »
A person can retain a lawyer at any time. If one person in a court proceeding has an attorney, then the other should seriously consider doing so as well. You are right that a personal opinion is not sufficient to support a hair follicle test. She should be introducing some evidence as to why the UA...Read more »
I've been clean , her father and I get along and he said he will sign whatever he need to give me back my parental rights. Could you tell me , What papers do I need to file with the courts. what's steps do I take to get my parental rights back. Thank you
That is good that you have improved your situation. There is not paperwork that you can file. However, a county department of social services or the child's guardian ad litem may file a petition for reinstatement, if they believe warranted. These are the people you should speak with or have...Read more »
Generally, in the absence of a custody order, a parent can take a child where they want. What a parent can not do though is withhold the child from the other parent, as that would be parental kidnapping. Colorado is the home state of the child so any custody action would be filed here until the...Read more »
If the agreement is signed by both parties it is enforceable as a contract, but not a court order. You could have an attorney draft it into a parenting plan and file it with the court to have it issued as an order.
It sounds like you may need the assistance of an attorney if you have filed the same action six times. It will be important to look at the last court order and determine whether he is in compliance or not. If he is not, then you can file a motion to enforce. If a modification is needed based on the...Read more »
It has been 14 days since symptoms already and the Ones I had were mild. She has still been working this while time. We have a 4/3 week split every week. I haven’t seen my kids since the 5th. They are supposed to come home in the 22nd she messaged me today saying she thinks it would be best to... Read more »
The courts have said that people should honor their parenting time arrangements. If you feel your children are safe with you, you should still have your parenting time. You can file a motion to enforce the parenting time. You should get a lawyer to help you with this.
Our final divorce hearing is scheduled for 06/12.It's a high conflict divorce with a spouse who will not cooperate in anything.The funds were deposited into his account and he said he will not release them until the judge makes the divorce decision. With this corona situation my job shut down... Read more »
I think this should be resolved at your hearing. It is unlikely that the court will address this before then. Most courts are hearing only emergency matters-this would not qualify. You should get a lawyer if you don't have one already.
I doubt CPS will view this as serious enough to intervene. You may want to pursue something in the divorce court requesting a change in the parenting time arrangement. You should get a lawyer for this.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.