Colorado Family Law Questions & Answers
Q: Bio dad has zero nights and days with kids hasn't seen them in 4 years How likely is his visitation to get accepted
John Hyland Barrett III's answer
This depends on whether the judge feels it is the children's best interest to re-establish a relationship with their father. It is likely to be a gradual process-perhaps overseen by a therapist. You should get a lawyer to help you with this and see about collecting the back support.
This depends on whether the judge feels it is the children's best interest to re-establish a relationship with their father. It is likely to be a gradual process-perhaps overseen by a therapist. You should get a lawyer to help you with this and see about collecting the back support.
Q: Have notarized POA of a minor child, how do I file it to make legal in a court of law?
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.
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.
Q: if a wife leaves the home "joint tenancy" then husband passes is wifes new common law husband entitled to the property
2 Answers
| Asked
in
Divorce, Family Law, Real Estate Law and Probate
for
Colorado
on
Answered on Feb 28, 2019
Answered on Feb 28, 2019
John Hyland Barrett III's answer
Since the house was owned in joint tenancy, your mother became the sole owner upon your father's death. Upon her death, it passes to her children if she did not have a will, and was not married. However, if she was married at the time of her death, it passes to her husband. Her "boyfriend" would have to establish that they had a common law marriage in order for him to be entitled to the house. That requires evidence that each of them considered themselves to be married. That can be contested in...
Since the house was owned in joint tenancy, your mother became the sole owner upon your father's death. Upon her death, it passes to her children if she did not have a will, and was not married. However, if she was married at the time of her death, it passes to her husband. Her "boyfriend" would have to establish that they had a common law marriage in order for him to be entitled to the house. That requires evidence that each of them considered themselves to be married. That can be contested in...
Q: Will my ex have to count his income “assistance” on our financial worksheet?
3 Answers
| Asked
in
Family Law, Child Custody and Child Support
for
Colorado
on
Answered on Feb 16, 2019
Answered on Feb 16, 2019
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.
As for the child...
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.
As for the child...
Q: Hello, My ex has filed a motion to modify parenting time, how do I respond please? Thank you!
2 Answers
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in
Family Law, Child Custody and Child Support
for
Colorado
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Answered on Feb 13, 2019
Answered on Feb 13, 2019
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.
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.
Q: How can I make my 44 year old son move out of my house.
Donald C Eby's answer
Unfortunately, if he has taken residence legally and refuses to leave based on your request then you'll need to formally evict him through the court system. The process begins with legally enforceable Notice. If you are unfamiliar with the process I recommend that you contact and attorney to discuss the process or process the eviction for you.
Unfortunately, if he has taken residence legally and refuses to leave based on your request then you'll need to formally evict him through the court system. The process begins with legally enforceable Notice. If you are unfamiliar with the process I recommend that you contact and attorney to discuss the process or process the eviction for you.
Q: My exwife wants to let my child go outside the country without my consent.
John Hyland Barrett III's answer
This depends on whether you have joint decision making or if her mother has sole decision making. You should review your parenting plan and follow its provisions for resolving disagreements. You should get a lawyer to help you with this.
This depends on whether you have joint decision making or if her mother has sole decision making. You should review your parenting plan and follow its provisions for resolving disagreements. You should get a lawyer to help you with this.
Q: My son's father hasn't seen him in 19 months. Can I move out of state with my son with my son's father's consent?
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.
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.
Q: Can I take away my ex's rights and have my husband adopt my daughter
2 Answers
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in
Family Law, Child Custody and Child Support
for
Colorado
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Answered on Jan 17, 2019
Answered on Jan 17, 2019
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...
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...
Q: Can a relative be given Power of Attorney, to help another relative in a different state.
1 Answer
| Asked
in
Personal Injury, Car Accidents, Estate Planning and Family Law
for
Colorado
on
Answered on Jan 3, 2019
Answered on Jan 3, 2019
Robert D. Kreisman's answer
The first issue is whether the injured party is of sound mind and memory and/or has the capacity to sign a POA. If the injured person hires an attorney, then that attorney would be empowered by the attorney-client contract in most instances to handle most of the issues you raise excepting the decisions on health care. I believe that a POA for health care signed in another state or jurisdiction would likely be honored in another state. By all means check with an attorney in your area who...
The first issue is whether the injured party is of sound mind and memory and/or has the capacity to sign a POA. If the injured person hires an attorney, then that attorney would be empowered by the attorney-client contract in most instances to handle most of the issues you raise excepting the decisions on health care. I believe that a POA for health care signed in another state or jurisdiction would likely be honored in another state. By all means check with an attorney in your area who...
Q: The mother of my stepchild is currently not letting see him. We have a parenting plan in place, but still refuses.
John Hyland Barrett III's answer
The father needs to enforce the terms of the parenting plan. He should hire an attorney for this. He should not let a lot of time go by.
The father needs to enforce the terms of the parenting plan. He should hire an attorney for this. He should not let a lot of time go by.
Q: I received a citation to show cause in Douglas county courts. Does C R S 13-22-311 apply in this matter. Douglas county
John Hyland Barrett III's answer
13-22-311 refers to mediation. That may be applicable if agreed to by the parties or ordered by the court. You should hire a lawyer to help you with this.
13-22-311 refers to mediation. That may be applicable if agreed to by the parties or ordered by the court. You should hire a lawyer to help you with this.
Q: When someone passes & "estate will"goes to X #of kids but 1 has passed what happens to the deceased kid's share?
Ashley Dean Powell's answer
The answer somewhat depends on a variety of factors, such as whether the will intended a class gift (for example, "to all my kids") or was a list of specific devisees (recipients) of the gift. The specific provisions of the will (did it clarify alternative recipient or how to deal with the death of one of the recipients?) and the intent of the person who created the will are the key factors in determining who gets what whenever possible.
However, you may want to review Colorado Revised...
The answer somewhat depends on a variety of factors, such as whether the will intended a class gift (for example, "to all my kids") or was a list of specific devisees (recipients) of the gift. The specific provisions of the will (did it clarify alternative recipient or how to deal with the death of one of the recipients?) and the intent of the person who created the will are the key factors in determining who gets what whenever possible.
However, you may want to review Colorado Revised...
Q: I am in need of a Mediation Attorney to represent me this Wednesday, 12/5, from 9 - 11 AM.
1 Answer
| Asked
in
Arbitration / Mediation Law, Child Support, Divorce and Family Law
for
Colorado
on
Answered on Dec 3, 2018
Answered on Dec 3, 2018
John Hyland Barrett III's answer
I may be available depending on location and type of case. You can call me to discuss it.
I may be available depending on location and type of case. You can call me to discuss it.
Q: How do I charge my spouse with Colo. Rev. Stat. 14-6-101 non support of spouse and children?
John Hyland Barrett III's answer
14-6-101 is a criminal statute. charges can only be brought by the District Attorney, not you. It is rarely, if ever, actually used. you could file for a divorce and have the court enter orders for support. You should hire a lawyer to do this.
14-6-101 is a criminal statute. charges can only be brought by the District Attorney, not you. It is rarely, if ever, actually used. you could file for a divorce and have the court enter orders for support. You should hire a lawyer to do this.
Q: Professional supervisor not supervising visits properly , what should i do?
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.
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.
Q: What are my next steps if my ex is trying to move my daughter out of state without my permission?
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.
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.
Q: Can I withhold visitation UNTIL there is a court order for parent time in place?
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.
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.
Q: Does a power of attorney guardianship have to go through a court to be legal.
Ashley Dean Powell's answer
Depending on the context and the person who may need an agent, you may be talking about two different things.
A Power of Attorney need not be approved by a court. You can complete a Power of Attorney that immediately authorizes your agent to act on your behalf (for limited purposes or for fairly broad purposes). When you create an agent with a Power of Attorney, you are giving your agent rights, but you are also retaining the right to continue to act on your own behalf. Powers of...
Depending on the context and the person who may need an agent, you may be talking about two different things.
A Power of Attorney need not be approved by a court. You can complete a Power of Attorney that immediately authorizes your agent to act on your behalf (for limited purposes or for fairly broad purposes). When you create an agent with a Power of Attorney, you are giving your agent rights, but you are also retaining the right to continue to act on your own behalf. Powers of...
Q: Is the payment of alimony mandatory in CO or considered case by case?
John Hyland Barrett III's answer
It seems that maintenance in this case is modifiable. Maintenance is modifiable unless the parties have agreed to make it non-modifible. He can request a reduction or termination of the maintenance if there has been a change of circumstances which render the previous order unfair. Her increase in income may justify that. He should retain an attorney to review the case and advise him.
It seems that maintenance in this case is modifiable. Maintenance is modifiable unless the parties have agreed to make it non-modifible. He can request a reduction or termination of the maintenance if there has been a change of circumstances which render the previous order unfair. Her increase in income may justify that. He should retain an attorney to review the case and advise him.
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