Courtney Edwards' answer You would need to file a motion to relocate and have a hearing if the other parent does not agree. Because your child is 16, the judge may consider his/her input. But these are hard cases to win. You should consult with an attorney to help you with this matter.
You'll need to file in the District Court in the county where your niece's son lives and have the judge approve the guardianship. There is a bit more to it than your niece just signing a piece of paper. The link above has all the steps and forms you'll need to fill out.
John Hyland Barrett III's answer The POA does not need to be filed with the court in order to be effective. If you are seeking legal custody, you do need to file a court action. You may be able to do so since the child has been with you for 2 years. You should retain a lawyer for this if that is what you want to do.
Brynne Gant's answer When filling out a sworn financial statement, he should claim income from any source, including from his mother. That said, it can be difficult to enforce this if she is paying him in cash. You may need to get approval from the court to request her bank statements/financial documents as well as his if this is a major concern. In addition, there is little stopping them from stating/deciding that her assistance to him is actually a debt, which could complicate things.
Courtney Edwards' answer There is a general response form that the Courts have available online, see JDF 1315 (google "colorado jdf domestic forms"). You'll need to fill it out, file it with the court, and give a copy to your ex. Also see JDF 11031I- that is the instruction sheet on how to file a response.
I would suggest at a minimum consulting with an attorney who can walk you through the process if you are unsure of what to do or expect.
Courtney Edwards' answer It depends on the arrangement you currently have- if there is a court order in place, you'll need to modify the terms of the court order first. Your son's father's consent will greatly help in the process as you can file a stipulated amendment to what ever agreement was last adopted by the court. But I would recommend that anything you do be in writing and signed by the both of you, preferably notarized as well.
Courtney Edwards' answer Short answer to your question: yes, that is true. Your ex's failure to support and maintain a relationship with his daughter can serve as the grounds to terminate his parental rights and clear the way for your husband to adopt your daughter. If your ex consents to the termination and adoption, it will make the process easier. If he does not consent, you may run into issues with serving him with the necessary documents as he is in Canada. I strongly suggest you meet with an attorney to fully...
John Hyland Barrett III's answer JDF 1415 is the form to use to request a change in decision making for the children. It may result in a change in child support if the parenting time is also changed. You should hire a lawyer to review what has been filed and advise you how best to proceed.
John Hyland Barrett III's answer Both parents need to comply with the existing court orders, including the parenting time schedule and support provisions. They are subject to change by the court if appropriate. You should hire a lawyer to enforce the orders.
John Hyland Barrett III's answer The supervisor usually has discretion regarding exactly how to conduct the supervision. Although the supervisor's contract may have some guidelines, the real controlling document is the court order. You may want to raise these issues at a review hearing. You should consult with your attorney about these matters.
John Hyland Barrett III's answer She needs court permission to have your daughter move out of state. You can file an for an abduction prevention order if she tries to do so w/o court permission. You should hire a lawyer for this.
John Hyland Barrett III's answer Until there is a court order, either parent is entitled to possession of the child. If you and the father can not agree on a parenting time schedule, one of you should file a court case to get appropriate orders. The court is likely to give him some parenting time unless there is a good reason not to. You should retain an attorney for this.
John Hyland Barrett III's answer Since there is no court order, you and the father are free to make whatever agreement you want. It is common for the parents to share the travel responsibility for parenting time. If a court were to have to decide the parenting time, it will try to come up with a schedule that is in the child's best interests. It may not involve every weekend, but is not likely to be just every-other weekend. Also, the child support could be reviewed to see if it comports with the child support guidelines.
John Hyland Barrett III's answer This depends on the terms of the order appointing the PCDM. She should not contradict the explicit terms of the Parenting plan unless she was given that authority. You can request the court review her orders. There are short time periods for doing that. You should retain an attorney to review the Parenting Plan and advise you.
John Hyland Barrett III's answer The court can enter temporary orders for parenting time. Temporary orders are in place until the decree enters when they are replaced by the permanent orders. You should retain an attorney to help you with this.
John Hyland Barrett III's answer The court is probably still going to have a hearing. At the hearing, you will have to present evidence supporting your requests. There is not really such a thing as "giving up his rights" except in an adoption or in a dependency and neglect hearing to terminate parental rights.
Daniel B. Kelley's answer Not proper or appropriate. You need to contact an attorney to help you navigate this complicated and confusing process. There are many of my colleagues that will give you a free consultation. Give one of us a call today.
John Hyland Barrett III's answer You can file an amended motion now. you do not have to wait until the other party responds. However, the other party may get 21 days from the new motion date within which to respond. You should retain an attorney to help you with this important matter.
John Hyland Barrett III's answer Your respective rights and responsibilities have to do with parenting issues for your sons. Who will make parenting decisions? What is the parenting time for each parent? You can file a court case to have these matters determined by the court if you can not agree. Even if you do agree, you should file your agreement with the court so it can be made an order that can be enforced in the future. Also, child support issues need to be settled.
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.