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Colorado Questions & Answers
1 Answer | Asked in Contracts, Arbitration / Mediation Law and Health Care Law for Colorado on
Q: I can't afford my chiropractor anymore but I have a 12 month contract with them. Can i get out of it safely?

The service with them has helped i just can't afford it every month and have a standing contract/payment plan with them.

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. It could be difficult for an attorney to offer guidance without seeing the contract's terms about termination, cancellation, refunds, penalties, etc. You could reach out to local attorneys to review the... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Is an Intent to File Parenting Plan Changes signed by both parties and notarized an enforceable temporary order?

My daughter's mother and I have a parenting plan. We mutually agreed outside of court that some of the items needed to be changed such as switching bi-weekly visits from one overnight to two overnights. We drafted an intent to file parenting plan changes and the document is notarized but never... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 24, 2022

Your agreement can not be enforced as a court order until/unless the court approves it and makes it an order of the court. You should be able to file it on your own.

1 Answer | Asked in Divorce for Colorado on
Q: If there is a rental agreement would property have to be split in a divorce?

I purchased a piece of property before we were married. I know Colorado is a community property state. If I have a rental agreement with my husband would I have to split the appreciation of the property for the 3 years we have been married if we divorce? I pay all of the mortgage and property... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 24, 2022

Colorado is NOT a Community property state. Marital property is to be divided "equitably", which means "fairly', not necessarily "equally". The appreciation that occurs during the marriage is marital property. I do not think a rental agreement would make any... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: As the owner of the servient estate, what are my rights wrt the dominant estates plan to grade a road on the easement?

I am the owner of the servient estate which has an easement for ingress/egress. The owner of the dominant estate plans on bringing in surveyors to stake the easement, and then an excavation company to re-grade an unpermitted road on the easement. Do I have the right to require the dominant estate... Read more »

Donald C Eby
Donald C Eby
answered on Jun 21, 2022

You definitely have rights. An easement does not give the owner of the dominant estate unilateral authority nor does he have the right to work outside of the permitting process. If you are not able to have a reasonable conversation with this party you should get an attorney involved to assist you... Read more »

1 Answer | Asked in Probate for Colorado on
Q: I'm trying to get a copy of my father's will my family will not return my calls. If you could help guide me

I would appreciate it

Kevin Michael Strait
Kevin Michael Strait
answered on Jun 20, 2022

In Colorado, a will (or more formally, a Last Will and Testament) is a personal document that becomes effective at the moment a person dies. It is very important to have a will, but the will is not legally controlling over a person's property until the person dies and the will is accepted by... Read more »

1 Answer | Asked in Immigration Law for Colorado on
Q: HOW LONG DOES IT TAKE FOR USCIS TO RESPOND TO A REQUEST to reopen Administratively closed N400 ? It has been 4 months

It has been 4 months since i sent a request letter to reopen my Administratively closed N400 (because I missed my interview ) to Denver office but no response . How should I inquire with USCIS, should i Mail a letter again ,Call ?

And Also is reopening a lost cause and i should apply again?

Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

There is no set time for USCIS to respond to this type of request.

If you have not already, you can check your case status, using the N-400 receipt number here: https://egov.uscis.gov/casestatus/landing.do. It might show whether your request was recevied.

You can also follow up...
Read more »

3 Answers | Asked in Real Estate Law and Probate for Colorado on
Q: My sister lied to the courts to sell our mothers house after she passed away by stating she was the only child what can

We do

Donald C Eby
Donald C Eby
answered on Jun 16, 2022

The court needs to hear your side o the story. Your next step is dependent upon the current legal posture of the case. You should contact a probate attorney to assist you in obtaining your inheritance.

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3 Answers | Asked in Real Estate Law and Probate for Colorado on
Q: My sister lied to the courts to sell our mothers house after she passed away by stating she was the only child what can

We do

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jun 16, 2022

The other attorneys are correct. You need to file into the probate estate. Depending on when this occurred you may need to act immediately in order to preserve the estate. In other words, you need to act quickly before your sister spends any proceeds from the sale of the house.

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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on
Q: Is taking a doctor proscribed controlled substance in violation of a mandatory protection order
Lain Aaron Lawrence
Lain Aaron Lawrence
answered on Jun 15, 2022

The general answer is no, you are permitted to take medication as prescribed by a medical doctor. There may be an issue if you take more than the prescribed dosage.

1 Answer | Asked in DUI / DWI for Colorado on
Q: I got a driving under suspension with an underlying DWAI. Will they drop it or will I still be facing jail time?

I got a DWAI in January 2021 and was eligible to get my license back in January 2022 but was unaware of that. I got pulled over in January 2022 and got a driving under suspension. I am getting my license back before court. I know there is a mandatory 30 days jail sentence but I'm wondering if... Read more »

Lain Aaron Lawrence
Lain Aaron Lawrence
answered on Jun 15, 2022

They aren't required to drop the DUR, but it is highly likely the DA will offer a plea agreement that does not include mandatory jail.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: I am married, just filed for divorce. My wife lives in NC, I live in CO with our minor child and need to move to KS.

I have residential custody and there is already a parenting time plan in place, filed and approved by the courts as a result of a abuse/neglect investigation involving my wife. She moved to NC during that investigation before there was a parenting time order. She now says I'm not allowed to... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 14, 2022

You need her consent or an order from the court allowing the move. If she will not consent, you should file a motion to approve the move. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: If i get a divorce and my wife wants half the profit of the house would i have to give her that if i dont want to sell

She has abandoned the property for several months now moved in to her own place

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 7, 2022

Assuming the house was acquired during the time you were married, it is marital property. Marital property is subject to an equitable division-meaning "fair" ,not necessarily "equal". She will get her fair share of the house-probably 1/2. The court may order the house sold... Read more »

1 Answer | Asked in Car Accidents for Colorado on
Q: Had car accident, exchanged information, both believed the the other was wrong, my insurance had lapsed. What do I do?

Police where busy ,told us to exchange information, unaware about insurance at the time. Don't know what to do?

Tim Akpinar
Tim Akpinar
answered on Jun 6, 2022

A Colorado attorney could advise best, but your question remains open for four weeks. There are a number of issues to unpack here, so it could be difficult for an attorney to outline everything important without knowing details about the accident. The short answer is that it could be difficult to... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Do I have to provide my address to my ex?I am the primary residential custodian of my children with sole decision making

We used to have joint custody but 3 yrs ago I was given full custody and the father hasn’t been involved since that time. He is now demanding my address saying it’s his legal right to have it. Do I have to provide it?

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 6, 2022

You do not have to provide your address, BUT YOU DO HAVE TO PROVIDE THE CHILDREN'S ADDRESS. Even with you having "full custody', he maintains some rights to contact with the children. The exception may be if his parental rights have ben terminated-which is unlikely.

1 Answer | Asked in Criminal Law for Colorado on
Q: if you represent yourself at your first court appearance is the district attorney obligated to discuss directly to you
Richard Huttner
PREMIUM
Richard Huttner
answered on Jun 4, 2022

If you do not intend on hiring an attorney, the district attorney may discuss the matter with you. If you let the district know that you are hiring an attorney, the district attorney ethically should not speak with you regarding the matter.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Colorado on
Q: If a “Order to issue citation and citation to show cause” served to me by the other party involved is that illegal?

I was served by my child’s father after one of his visits he gave me a citation to show cause with out a “return of service” does this make it an improper serving? If it pertains to the old court order does it make it invalid?

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jun 2, 2022

The COlorado Rules of Service say that any person 18 years or older and not a party to the case can make service. If this is an ongoing litigation, he may be able to serve you through the courts by mail. This sounds like a contempt citation, which means you should seek an attorney as soon as... Read more »

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can I legally refuse to allow pick up of my child?

Summer schedule started last Thursday after my son got out of school. He spent the first 4 days of summer with me. The parenting plan states, "During the summer break, the parties shall exercise parenting time according to a week on/ week off equal parenting time schedule. Exchanges shall take... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 1, 2022

It is not clear what the schedule is from your description. It is clear for 2020, but not for 2022. You could ask the court for clarification, but the court would expect you and the other parent to work this out yourselves. It does seem that you need a detailed schedule to avoid future conflicts.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What do I do if I can't afford to get my son to his father for his custodial visitation time? We live states away

I live in Colorado and have full custody. His father is in California and gets 2 weeks out of the year visitation.

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 1, 2022

It is essential that you comply with the court order re visitation. The order should set forth how the travel expenses should be paid. Perhaps you can ask your son's father to pay if you truly can not.

1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Colorado on
Q: I was illegally kicked out of my apartment and would like to sue for being made homeless. What kind of attorney do I nee

I was initially evicted, but worked with another lawyer to get the eviction removed. I still had to leave my apartment with only a days notice and have since been homeless. I would like to sue them, but I am having difficulty finding what type of lawyer I need to find to help me.

Tim Akpinar
Tim Akpinar
answered on May 19, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. You ask what type of lawyer you need. Out of the categories you chose, landlord-tenant is probably the best place to start. Personal injury attorneys aren't likely to have... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: How are protection orders monitored? Are they watching my home, tracking my location, or watching camera footage?

How are protection orders actively monitored. Am I being tracked in any way?

Christopher N. Little
PREMIUM
Christopher N. Little
answered on May 18, 2022

Good afternoon,

These types of orders are largely passively monitored by the protected party. However, that does not prevent the protected party from hiring a private eye or investigator to monitor another person's activities. I highly suggest that you comply with the Order regardless...
Read more »

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