I am the petitioner. My child’s father has not filed a single paper into our case not even a response. however, he did attend the ISC and mediation. We had a partial agreement in mediation. He still did not file anything even after a delay prevention order was filed. The court just sent out a... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 30, 2023
A default hearing in a case regarding the allocation of parental responsibility (or custody, as it's commonly known) generally happens when one party fails to respond or participate in the legal process appropriately. Since the father of your child hasn't filed any paperwork, the court is... View More
My daughter did a DNA test and she is not his biological daughter. Biological dad did test and now we have results and he is still keeping her even after DNA shows he's not dad. Me and bio dad are in the process of removing him from birth cert but court isn't until September. What can I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 30, 2023
I'm really sorry to hear about your situation. I'm not permitted to give you specific legal advice as the law prevents attorneys from doing so, but I can give you some general advice about how to approach this.
1. Consult a Family Lawyer: You should definitely consult with a... View More
that our children will be in care of his girlfriend. We have a parenting plan that's court ordered. What can I do to stop him from leaving our kids with his girlfriend
answered on Jun 30, 2023
You need to file a motion with the court to temporarily modify the parenting time while he is in rehab and file it very soon. That is step one. Unless there is something in your orders addressing this kind of situation and allowing your ex to designate someone to "use" his parenting... View More
My ex is abusive and I was able to get sole legal custody by offering not to receive child support. My ex emails a few times a year to “check in” on our child. I typically respond with short emails that give details as to their health, school progress, and life in general without revealing any... View More
answered on Jun 28, 2023
As a general rule, once a child is 18, parenting time orders cease to have effect, though Judges will often consider enforcing the parental communication until the child has graduated high school if the child has not done so by the time they turn 18. Once a child is 18 and has graduated from high... View More
I filed for custody. My child’s father has not submitted a response even though it has been way past 21 days. He has not filed ANY paperwork into our case. However, he has attended the ISC and mediation. During mediation we agreed to him getting our son one weekend per month as we live 3 hours... View More
answered on Jun 23, 2023
It depends upon the specific language of the written mediated settlement agreement both parties signed at the conclusion of the mediation. Ordinarily, a party cannot change his mind and recant an specific agreement definitively detailed in the signed written agreement. But anything not... View More
There is an order for reimbursement within 30 days, yet other parent waits up to 1 1/2 years to submit receipts for repayment for child's medical care. What, if any, is an actual and acceptable time frame? Not to mention multiple duplicate statements with no proof of payment or prior conferral.
answered on Apr 8, 2023
Hi There!
I am sorry to hear that you are going through this. I know that co-parenting with an ex can be difficult, and the financial relationship that you two now share is oftentimes wrought with strife, frustration, and consternation. Assuming that your Orders (the parenting plan and the... View More
We've been having issues we have 50/50 custody and due to all the drama last week I made him meet me at the police station not even 5 minutes away from where we're supposed to meet for the parenting plan but now he's telling me he's going to make me go all the way to Arvada... View More
answered on Mar 30, 2023
If I am understanding your situation, you have a parenting plan with a designated location for exchanging the child(ren). Neither parent should "make" the other meet at a different location unless it is agreed upon, preferably in writing. Parenting time exchanges should also be free... View More
New baby with new father new case while separate case open with older child set for APR hearing.
answered on Mar 13, 2023
I don't think anyone can give you the reassurance you appear to be looking for. Mostly, you're asking us to predict the future.
Is it possible? If all of the facts align correctly, if the Judge sees it from your perspective. Yes, it's technically possible.... View More
answered on Mar 9, 2023
Since you're asking, I'm guessing that perhaps the relationship with the child's other parent is not particularly cordial. So my first recommendation is read your Orders to see if there is any restriction. Sometimes, there is a restriction in the Order, usually if there has been... View More
0pllmnbhg
answered on Mar 9, 2023
As Ms. Janko noted, child support is going to have no bearing on the division of parenting time. The one and only time under Colorado law that they have any bearing on each other is when child support is calculated, the parenting time (specifically the number of overnights) is part of the formula.... View More
So if a opposing party would intentionally show up at my house with the objective to get me arrested for a warrent that was granted off of false information. Then after finally being released from jail 8 days later I would receive a letter via USPS about a hearing to restrict my parenting time... View More
answered on Mar 8, 2023
This question is impossible to answer without more information. Generally, the notice must be "reasonable". Many factors can go into whether it is "reasonable" or not though. In some circumstances it may be "reasonable" to expect parties to appear at a hearing... View More
answered on Mar 7, 2023
A motion to restrict parenting time is brought pursuant to C.R.S. 14-10-129(4), and is an emergency motion asking the court to prohibit all unsupervised parenting time with the children by the other parent because the children are in imminent danger of physical or emotional harm with that parent.... View More
My daughter was bit by gaurdians dog and tries to say it was a scratch, i don't want her in her care.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2023
A person can withhold a child for safety reasons, however they risk being in violation of a court order if the issue is brought to Court and the Court determines that there was not imminent harm. Generally when a person withholds a child, that person simultaneously files an emergency motion with... View More
The minor has a job and intends to move in with 2 other people over 18 in a few months
answered on Feb 3, 2023
Emancipation in Colorado is not something that easily fits in a checklist. It is based on several factors and ultimately the judge uses discretion to weigh all of those factors and make a decision. The bottom line is whether the child can demonstrate a full ability and active effort to currently... View More
We have a current parenting plan that states I have my children every other weekend starting on Fridays at 5:00. My ex has filed a motion to restrict my parenting time alleging that he thinks the children are endangered due to my boyfriend breaking and entering while the children were here which is... View More
answered on Jan 27, 2023
You mention that your ex filed a motion to restrict your parenting time. If he did so, then there is an automatic injunction that suspends your parenting time until you both get in front of a judge. If he filed on January 20, then there should be a hearing date set by now. The Court has to hear... View More
She requested a child support modification and it had nearly doubled. The mother has not allowed me to see the children nor communicate wirh me. She has left the state twice and I couldn't find them for years so how do I stop or block the child support modification? I have not received... View More
answered on Jan 25, 2023
The short answer is no, you can't block a child support modification because the other parent is denying you parenting time. Under Colorado law, the beginning and end of what child support and parenting time have to do with each other is in calculating the overnights.
That does not,... View More
My ex-wife moved to Nebraska at the end of 2021. My landlord notified me that she called using my last name to get information about my apartment and living arrangements. She absolutely insisted that they take pictures and invade my privacy. She was curious as to who all was on the lease. She also... View More
answered on Jan 25, 2023
If I am following your explanation correctly, you have been divorced for some time, and in 2010 your ex-wife changed her name so it was no longer the same as your last name. Her legal name is now, and has been for many years, her prior name.
If that is the case, then no, she cannot legally... View More
My child’s paternal grandmother is a addict and a child abuser and is not allowed around or alone with my child until he turns 18 preferably 21 years old
answered on Jan 25, 2023
The answer to this is essentially a 2 part answer.
First, yes, you absolutely have the right to express that in your Will. There is broad freedom to include things in your Will. That includes statements about who you prefer to finish raising your minor child, conditions around any... View More
My ex tried hand delivering papers to restrict my parenting time
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2023
No. Process service is governed by the Colorado Rules of Civil Procedure for cases filed in CO state court. While a sheriff is an option, CO permits non-parties to complete service provided they comply with the requirements.
Parties typically are not allowed to serve items that require... View More
My ex tried hand delivering papers to restrict my parenting time
answered on Jan 24, 2023
When serving process on a person in Colorado under Colorado Rule of Civil Procedure (C.R.C.P.) 4, any person who is a US citizen 18 years of age or older can be the process server. That person can be a private process server, a Sheriff's deputy, or even a friend or relative of the party to the... View 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.
