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Colorado Questions & Answers
1 Answer | Asked in Consumer Law for Colorado on
Q: I think this is a fraud and need help! I have been scammed by a timeshare company in Mexico. Four months ago a Mexica

Four months ago a Mexican attorney called me informing me that he could retrieve my money. I submitted all documents of my loss, he submitted my claim to Tribunal Supremo de Justice and the Judge awarded $212,000. The money was placed in a BBVA account with me as beneficiary. Then I received a... Read more »

Michael Hales
Michael Hales answered on Jun 2, 2020

I agree that this is likely a scam. Please let me know if have questions or would like to chat.

1 Answer | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: Is it illegal to block a road? If so, then is it illegal to hit someone blocking the road? Does speed matter?

After seeing the footage of a lady in denver swerving to hit a protester, I wondered what kind of legal trouble that person could get into.

If I am driving on the highway at 65 MPH and someone leaps in front of my car, I would assume I wouldn't be charged with manslaughter. Does the... Read more »

Nelson Patrick Boyle
Nelson Patrick Boyle answered on Jun 2, 2020

There's a "last clear chance" doctrine that says, basically, if you can avoid a crash or if you can avoid hitting the person, then it's illegal. The video you refer to involved a driver who appeared to purposely hit the person. If it can be proved in court that she did so on... Read more »

1 Answer | Asked in Admiralty / Maritime, Civil Rights and Constitutional Law for Colorado on
Q: I have FAC coming up on the 9th, do I than file for a motions hearing to hear all the facts of the case? I

I'm also not entering in a plea. I will be challenging jurisdiction

Tim Akpinar
Tim Akpinar answered on Jun 2, 2020

If you are talking about an FAC and a plea, this sounds like it might be closer to criminal law than maritime law (unless there are facts not mentioned that would be relevant for the Admiralty/Maritime category). Since time is of the essence in your matter, you might have better chances of a prompt... Read more »

1 Answer | Asked in Tax Law for Colorado on
Q: Ive been staying the same hotel for about a year and a half in CO,am I suppose to receive all state and lodgers tax back

I think that after 30 days I am supose to receive a reimbursement is this true? if so how do I go about getting this back from hotel management?

D. Mathew Blackburn
D. Mathew Blackburn answered on Jun 1, 2020

Probably, under CRS 39-26-704(3) stays of 30 consecutive days or more are tax exempt.

You should speak to the hotel first. If the hotel has already sent the tax to CDOR you would have to get your refund directly from them.

You also have to check the city an county rules. If the...
Read more »

1 Answer | Asked in Trademark for Colorado on
Q: Where on the Trademark Details does it show an Active trademark?
Evelyn Suero
Evelyn Suero answered on Jun 1, 2020

If you are referring to the active status of a federal trademark registration, you can conduct a trademark search using TESS on the USPTO website and the results will indicate which marks have "active registrations". However, you should note that unregistered trademarks in use and/or... Read more »

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Can I dispute a custody jurisdiction change request if I still live in the state that has current jurisdiction?

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 »

Sabra M. Janko
Sabra M. Janko answered on Jun 1, 2020

The state where the child has lived for the last six months is the child's home state for jurisdiction.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: My ex and I have a parenting plan in place effective early 2018 (50/50 custody and decision making), she filed another

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?

Sabra M. Janko
Sabra M. Janko answered on Jun 1, 2020

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.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Motion to dismiss?

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 »

Sabra M. Janko
Sabra M. Janko answered on May 28, 2020

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 »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Colorado on
Q: Are there rights to a child as a step family?

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 »

Sabra M. Janko
Sabra M. Janko answered on May 28, 2020

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 »

1 Answer | Asked in Divorce for Colorado on
Q: Is there a way to retrieve my childhood belongings from my dad's ex-wife?

My dad recently settled (not sure if that's the right word) a divorce from my step-mom of 30 years (I'm 33). She was given the house I grew up in and with that has decided that means everything in the house is hers now too. After the lengthy and painful divorce, my dad just wants to move... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 27, 2020

It sounds like those items belong to either your father or his now ex-wife. Entitlement to those items is goverened by the divorce decree. If your father does not want to pursue it, it may be that your only recourse is to appeal to her good nature. Good luck with that.

1 Answer | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: How do I go about a divorce with a child involved and a parent that doesn’t want to agree on anything?

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 »

Sabra M. Janko
Sabra M. Janko answered on May 27, 2020

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.

2 Answers | Asked in Adoption, Child Custody and Family Law for Colorado on
Q: Can a step parent adopt my child after ex refuses visitation and contact with my child? I have proof of my attempts.

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 »

Sabra M. Janko
Sabra M. Janko answered on May 27, 2020

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.

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1 Answer | Asked in Employment Law for Colorado on
Q: Is it wrongful termination if my husband had doctor excuses?

My husband was fired after being absent with doctor notes due to medical issues potentially caused by his job.

Carrie Dyer
Carrie Dyer answered on May 27, 2020

It depends on the size of your husband's employer and the protections that may be available to him under the law. Do you know if your husband was eligible for protected leave under the Family Medical Leave Act? If not, he may have been entitled to a reasonable accommodation under the... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Is temporary guardianship in Colorado a private agreement or do you need a court order?
John Hyland Barrett III
John Hyland Barrett III answered on May 26, 2020

A formal temporary guardianship requires a court order. However, a parent may delegate parental responsibilities for a 1 year period without a court order. You should get a lawyer to help you with this.

1 Answer | Asked in Civil Rights and Constitutional Law for Colorado on
Q: I want to ask a question: do I have rights of freedom expression in my own apartment?

I am speaking in my apartment, but someone use it as discrimination against protected class, what should I do?

Tim Akpinar
Tim Akpinar answered on May 25, 2020

I'm sorry for your difficult situation, but freedom of expression is generally something associated with state action on restricting speech, not usually something that applies to private settings. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law for Colorado on
Q: Is it legal, in 2020, for a Buyer to write a "love letter" to a Seller to help convince them to sell to them?
Donald C Eby
Donald C Eby answered on May 25, 2020

It is not illegal for Buyer. But, brokers may be reluctant to deliver the letter and the seller may refuse to read the letter based on Fair Housing concerns.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Can my ex take my animals permanently if he bought them??? I took care of them for 5 years he did not. Help.

Our animals are only comfortable with us but he has moved on..

Kristina M. Bergsten
Kristina M. Bergsten answered on May 24, 2020

Generally speaking, whoever is on the purchase/adoption papers is who the court will award the animals to. If he bought them he would also likely win. More information is needed to answer this question.

1 Answer | Asked in Civil Litigation for Colorado on
Q: This question is in regards to the Supreme Court Case "National Institute of Family and Life Advocates v. Becerra."

The way Justice Thomas phrased his opinion is that the petitioners in the case were "likely to succeed on the merits of their claim that the FACT Act violates the First Amendment." What does it mean that the petitioners were "likely to succeed?" Did the petitioners succeed in... Read more »

James Avery
James Avery answered on May 23, 2020

Petitioners in licensed clinic won. The District Court denied their motion for a preliminary injunction, and the Ninth Circuit affirmed. Holding that petitioners could not show a likelihood of success on the merits, the trial court concluded that the licensed notice survived a lower level of... Read more »

1 Answer | Asked in Traffic Tickets for Colorado on
Q: I got a ticket near Denver, but I lost the paper ticket and don't know what court issued. How can I find it?

I got a ticket in Centennial, CO and I lost the paper ticket. I checked their online database and they don't have an citations for me. I have no idea what jurisdiction issued the ticket, I tried Douglas County Sheriff and Lone Tree and nothing. How can I find out who issued the ticket so I can... Read more »

Brian K. McHugh
Brian K. McHugh answered on May 20, 2020

If you were issued the ticket within the Centennial city limits (that can be determined by an online search for a map of the boundary lines of Centennial), then the ticket was filed either with the Arapahoe County Court or, more likely, if it was a minor traffic violation, the City of Centennial... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: Can the owner of the resort I work at make me do work for the private residences on property?

I work in maintenance at a resort that has private residences on property. The owner of the resort is asking our crew to do work at those residences while on the clock.

Kyle Anderson
Kyle Anderson answered on May 20, 2020

I'm not quite sure I see how you are damaged or harmed by this. Your employer can direct you to perform any type of work as long as you are being paid in compliance with minimum wage and overtime laws. If you are not being compensated for this work you are performing, that would be a different... Read more »

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