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2 Answers | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: CPS is involved with my sister’s children. My sister wants to sign custody of her children over to me. Can she do that ?

The youngest child’s father is not involved and never has been and doesn’t want anything to do with his son. The older two children’s Father also will sign custody over to me.

James L. Arrasmith
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answered on Jun 8, 2024

In situations involving Child Protective Services (CPS), the process of transferring custody can be complex. While your sister and the children's fathers may agree to grant you custody, the final decision will likely involve CPS and the court system. Here are a few important points to... View More

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1 Answer | Asked in Civil Litigation, Family Law and International Law for Colorado on
Q: Urgent Legal Advice Needed: Age of Consent and International Dating Regulations

I hope you can assist me with an important legal question that is causing me some concern. As an American citizen currently living abroad, I have started a relationship with a 17-year-old individual from Brazil. Given that the age of consent in Brazil is 14 and in my home state in the U.S. it is... View More

James L. Arrasmith
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answered on Jun 6, 2024

While age of consent laws vary between jurisdictions, engaging in a relationship with someone under 18, especially with a significant age gap, is generally not advisable regardless of location.

I would strongly caution against pursuing a relationship or marriage with a 17-year-old, either...
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1 Answer | Asked in Civil Rights for Colorado on
Q: First amendment, Can probation restrict this

I'm on Supervised probation.nearly had my phone confiscated for reading Yahoo news Articles. PO Said I have a history with law enforcement. I do not. This is my first arrest. My dad was a cop for 20yr. He says that the articles I'm reading are too negative and too violent. this is news... View More

James L. Arrasmith
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answered on Jun 3, 2024

While on supervised probation, certain restrictions may be placed on your activities, including internet usage, but these restrictions must be reasonable and clearly related to the goals of probation. It seems unusual for your probation officer to restrict your access to mainstream news articles... View More

1 Answer | Asked in Legal Malpractice, Criminal Law, Civil Rights and Constitutional Law for Colorado on
Q: Is it legal to alter public records such as booking time and date three months after the fact?

My boyfriend has been incarcerated since February 23rd. On Friday all of a sudden he was no longer booked on the 23rd at 11:23pm. Now the public records say he was booked at 1:28am on the 24th. The judge in the case gave the DA till Friday to file a motion. Is it legal for the DA to alter time and... View More

James L. Arrasmith
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answered on Jun 3, 2024

Altering public records, such as the booking time and date, after the fact is generally illegal and raises serious legal and ethical concerns. Public records are meant to be accurate reflections of events, and tampering with them can undermine the integrity of the legal process. This kind of action... View More

1 Answer | Asked in Traffic Tickets for Colorado on
Q: While I was driving Uber I saw a cop before I reach the stop sign. Once I pass him I completely stop, but he give ticket

I was having a customers which all of them agree with me that I make full stop. But the cop keep pushing on giving me a ticket, I wish I have a dash cam, but unfortunately don’t. So what can I do

Maurice Mandel II
Maurice Mandel II
answered on Jun 1, 2024

Best is to get a traffic ticket attorney. Or you can plead not guilty and subpoena the Uber customers to testify that they saw you make a complete stop. But the Court is not obliged to believe them even if they show up. You will end up with unhappy customers who will complain to Uber. Thank you for... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: There are 2 properties different counties in CO person A moves to the second property, can person A file in new county

How long does person A have to live in new county before filing? Lifelong Colorado resident

Christopher N. Little
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Christopher N. Little
answered on May 30, 2024

Hi there, good questions! As a general rule of thumb, Person A could file in the new county; however, there is always the chance that Person B requests to have the case transferred back to the county they reside in.

The transfer and venue rules are a bit labyrinthine and I would need to...
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1 Answer | Asked in Civil Litigation for Colorado on
Q: Court Process Server question.

I received a call from a court process server stating he was at my apartment to serve me legal documents. I was unfortunately not home, and called him back as soon as I got the voicemail. We spoke and he stated he would put me on his schedule for the following day at 1PM. I waited and he never... View More

John Michael Frick
John Michael Frick
answered on May 28, 2024

You should wait to be contacted again. Many things could have happened to prevent the process server from coming at the pre-arranged time. That being said, it wouldn't hurt to check with the court to see if something has been filed stating either that you were served (even though you know... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for Colorado on
Q: Is due process violated in a CPO that was ex parte and served with less than 3days for out of st hearing

Able service of the temporary restraining only having 3days to find a attorney travel over 1000 miles tried no number to call courts on any paperwork or instructions on how to do anything tried to call multiple times after searching for a day trying to find the number no voice mail to leave... View More

James L. Arrasmith
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answered on May 24, 2024

In your situation, it sounds like you may have grounds to argue that your due process rights were violated. Due process requires that you are given adequate notice and a fair opportunity to be heard before any legal action is taken against you. Being served with an ex parte CPO (Civil Protection... View More

3 Answers | Asked in Bankruptcy for Colorado on
Q: Reaffirmation on Vehicle in Chap 7 Bankruptcy

I entered in my bankruptcy i was going to reaffirm my vehicle loan, i have since changed my mind. Do i have to complete the reaffirmation paperwork since i put it in my statement of intentions or can i just continue making the payment? The trustee asked about it in my 341 and i said yes i was going... View More

Martha Warriner Jarrett
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answered on May 21, 2024

No, you do not need to do anything. As a courtesy, let the lender know. There is no obligation to reaffirm a car loan. Reaffirmation agreements need to be approved by the court and even if you get to court, the Judge will often try to talk you out of reaffirming. If you live in a state like... View More

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3 Answers | Asked in Bankruptcy for Colorado on
Q: Reaffirmation on Vehicle in Chap 7 Bankruptcy

I entered in my bankruptcy i was going to reaffirm my vehicle loan, i have since changed my mind. Do i have to complete the reaffirmation paperwork since i put it in my statement of intentions or can i just continue making the payment? The trustee asked about it in my 341 and i said yes i was going... View More

James L. Arrasmith
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answered on May 21, 2024

In a Chapter 7 bankruptcy, if you initially stated your intention to reaffirm your vehicle loan but later changed your mind, you are not legally obligated to complete the reaffirmation paperwork. You have the right to change your decision at any point before the reaffirmation agreement is filed... View More

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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: CO divorce If client suffered financial loss due to lawyer’s negligence and lawyer has left firm, is firm liable?
Christopher N. Little
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Christopher N. Little
answered on May 19, 2024

I’m very sorry to hear that this is the position you are in; especially considering the incredible impact that a divorce has on the outcome of the next phase of your life.

As for your question, I would have to know much more about the “behind-the-scenes” administrative side of the...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Is inheritance money considered marital property if my wife transfers a portion of it each month into joint checking?
Christopher N. Little
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Christopher N. Little
answered on May 14, 2024

Good Afternoon,

You ask an excellent question and one that many a family law attorney has likely spent time arguing in Court. The best answer to your question is that this is likely a helpful fact circumstance for you. One way to think of the doctrine of transmutation or commingling is the...
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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Colorado on
Q: My ex listed the wrong name of our child and the judge invoked jurisdiction based on the residence of child listed.
Christopher N. Little
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Christopher N. Little
answered on May 14, 2024

Good Afternoon,

From the substance of your question, it looks like you are involved in a legal proceeding concerning your child. Issues related to jurisdiction concerning children are often nuanced. I suggest that you consult with an attorney in the state where the case is at now in order...
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1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Colorado on
Q: What’s next on my AOS case from uscis? Does USCIS know that I have requested prosecutorial discretion?

Hello, I have filled AOS (I-485, I-130, I-131) on July 2022 with USCIS. USCIS denied I-131 due to pending removal proceedings ( pending removal case has not yet calendar for master calendar hearing). Applicant is in removal proceedings since 2020 due to not maintaining F1 status( we have requested... View More

James L. Arrasmith
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answered on May 13, 2024

Your case appears to be in a complex stage due to the combination of your adjustment of status (AOS) application and ongoing removal proceedings. Since your I-485 is awaiting final review, it's likely that USCIS is coordinating with the Executive Office for Immigration Review (EOIR) and ICE to... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Health Care Law for Colorado on
Q: I have been denied my right to see a M.D six different times and not helped with my reasons for going to the Emergency R

I was told by a PAC that a M.D and a PAC are the same. And forced to leave the Emergency Room in worse condition than when I walked in.

Tim Akpinar
Tim Akpinar
answered on May 13, 2024

A Colorado attorney could advise best, but your question remains open for two weeks. A starting point could be to contact the hospital's administrative offices and to explain your situation. Additionally, because of the patient load on MDs, hospitals do have their protocols for which health... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Health Care Law for Colorado on
Q: I have been denied my right to see a M.D six different times and not helped with my reasons for going to the Emergency R

I was told by a PAC that a M.D and a PAC are the same. And forced to leave the Emergency Room in worse condition than when I walked in.

James L. Arrasmith
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answered on Jun 2, 2024

You should document each instance where you were denied the right to see an M.D. and the specific reasons for your emergency room visits. Keep a detailed record of dates, times, names of the healthcare providers involved, and the nature of your complaints and treatments received. This documentation... View More

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1 Answer | Asked in Real Estate Law and Probate for Colorado on
Q: What are Colorado laws regarding inheriting property held as tenants in common?

First owner died, has one living son. Second owner died with no descendants but has sister and brother.

Michael Joseph Larranaga
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answered on May 11, 2024

Typically, if no will exists then the state’s intestacy statute would govern. If you have questions you should contact an attorney.

You will most likely need to open probate and resolve any property issues that way. For Tenants In Common, ownership typically passes without regard to the...
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1 Answer | Asked in Construction Law for Colorado on
Q: How can I get a company that did not properly complete a job to pay for someone else to do it ?

I contracted with a licensed company to repair and seal foundation cracks, insulate and encapsulate the crawl space of my home. They did seal a couple of cracks, but ignored others, they insulated the walls but not the rim joists. The plastic wasn't properly sealed and is coming apart in... View More

John Michael Frick
John Michael Frick
answered on May 8, 2024

This is exactly what your retainage is for. You can contract with the new company directly to complete the job, pay the new company, then give the old company notice that you are deducting the amount of that payment from your retainage. But, if the amount you pay the new contractor is less than... View More

1 Answer | Asked in Civil Litigation and Contracts for Colorado on
Q: Are terms from an unsigned contract enforceable?

Customer placed an order for custom goods per a proposal delivered via email. Customer submitted deposit through electronic invoice. Customer cancelled the order a month later. I was able to stop production and instead of keeping all deposit monies, I promised a partial refund. I have not yet paid... View More

John Michael Frick
John Michael Frick
answered on May 8, 2024

Under the Uniform Commercial Code, if a customer contracts with a merchant to make a special order and the goods cannot be completed a resold in a commercially reasonable manner, you should be entitled to your profit (including reasonable overhead) together with incidental damages, due allowance... View More

1 Answer | Asked in Business Law for Colorado on
Q: LLC dissolution

My partner is threatening to forcibly dissolve our LLC claiming I am not managing the short term rental correctly, which is not true.

D. Mathew Blackburn
D. Mathew Blackburn
answered on May 8, 2024

The first step would be to review the operating agreement and determine what if any provisions would apply. USe this information to attempt to settle the issue or proceed with a buy-out.

If you can't come to an agreed-upon resolution the next step would be filing a lawsuit to remove...
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