Permanent order of 50/50 and he is now trying to go back to the permanent order without letting me know his progress with his mental health will the judge find me in contempt? He did file a contempt against me. I have filed to modify the order to 70/30 and he filed a contempt once he received the... Read more »
You are obligated to follow the existing order unless and until it is changed. There are not enough facts here to predict whether there are grounds for anyone to be found in contempt. As far as letting you know of progress with his mental health treatment, it depends on whether the current order...Read more »
I am sorry to hear about your situation. He can petition for custody regardless of where the child is. That does not mean that his request will be granted. Courts consider the best interests of the child legal standard when deciding custody matters.
It depends on whether there is a court order or not. If there is a parenting time order, each parent's time is governed by that and law enforcement will enforce the terms of the order. If there is not an order, the matter may be one of parental kidnapping, however law enforcement may view it...Read more »
Our agreement stipulates that we have 50-50 custody and shared decision making. We also have a stipulation that if one parent can't be with the child for more than 2 consecutive nights, the other parent has right of first refusal to care for the child. My ex is currently only allowing me to... Read more »
If the court order allows you parenting time at a time where the child is elsewhere without your consent, then you can pick up the child. You could also involve law enforcement if necessary to enforce the order.
Is it legal for one parent, designated as the "primary parent", make appointments and decisions for how unsupervised parenting time is spent with the other parent? The "step up" program has been over and done for over a year now, and now the other parent is trying to control... Read more »
I am sorry to hear about your situation. It depends on what your court order says. Usually one parent should not schedule events that will occur on the other parent's time without the consent of the other parent. However there is no law that prevents that. If this is an issue, then you may...Read more »
If you would like to relocate with children, you will require the consent of the other party or a count order. Usually courts disfavor split custody, however if it is in the best interests of the children or you and he agree to it, then you could have split custody.
Split custody is not particularly favored by Colorado courts, however you can agree to it with the other spouse. You can also ask the Court for it and if the Court decides that it is in the best interests of the children, then it will award it.
My fiance was in a horrific situation with an ex and as a result cps took her kids and they currently live with her mom and shes under investigation to see if shes fit and now that shes pregnant with my child they're saying they're gonna take that one to and I dont have any kind of record... Read more »
I am sorry to hear about your situation. The fact that she becomes married is not likely to impact whether she is a fit parent. Though if it increases financial stability that may be relevant. The focus will be on her and her behavior and treatment success.
My ex husband kept my son from any contact with me for a year and a half. During which time he removed him from school telling him it was for his own good he is to stupid to be in public. He socially isolated him. Neglected to give medical treatment to him on numerous occasions. He and his wife... Read more »
You can ask for it if he has been convicted of a crime related to child abuse, however the court may grant supervised visitation instead if it determines that the supervised contact would be in the best interests of the child.
In Feb of last year, my ex and I split. At the time, we agreed to in our parenting plan to have 50/50 custody of our youngest son who is now 17 years old. He is a senior this year and will be 18 in August. He recently decided he likes staying with his dad because there are less/no rules over... Read more »
You are not required to pay him anything other than what the order states unless there is a modification. If you do not agree, he would have to file with the court for that. He is required to encourage your son to spend the time with you specified in the order, however it can be difficult with...Read more »
filed an allocation or parental responsibility case in 2019 I was offering 50/50. The other party has had an attorney and a year later he decided he wanted to request a cfi under false accusations and to slander me. During the investigation i took a hair follicle test as the other party was... Read more »
You can use the CFI report to support your positions. The critical point which the Court will be seeking to determine is whether the conduct of either party negatively impacts the child(ren) at issue, and if so, how to best deal with such conduct.
I am sorry to hear about your situation. If your name is on the birth certificate or the child was born during a marriage with her, you are the presumed father. If you would like paternity testing, you can do that privately if you have doubts. As far as charges, it is not likely that you can file...Read more »
Petioner has admitted to lying in court about his employment and refuses to pay child support. He is also unemployed and does not have the funds to support our son. He is also filing his 6th motion to get child support terminated as well.
The answer to your question depends on what the current status of the case is. It looks like he plans to file motion. You have the ability to respond to that motion within 21 days if you are in Colorado and within 35 if you live outside of Colorado.
It depends on whether there is a current order and why she is trying to establish or change parenting time and whether she and you are both fit parents. There are a number of factors that a court considers in determining parenting time.
My grandmother has been refusing to let my children be taken from her custody under threat of dhs involvement, since June 2020. The judge in both cases acknowledged my custody order but doesn't know why its not being enforced. HELP
He does not have any parental rights absent a court determination that he should have them. It is sometimes possible for a non-parent to obtain parental rights if doing so appears to be in the best interests of the children.
Without knowing the specifics of what you're referring to and the specific Court order at issue, no attorney can say you're correct 100%. But, generally speaking, an Order from the Court that requires 2 parties to act or not act in a particular way can become moot upon the death of one...Read more »
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.