Court order parenting plan says I will pay half for sports but she is registering them under his last name. I feel that if she’s not using their legal last name I shouldn’t be required to help other than child support.
We’re in Colorado, Colorado doesn’t have “custody” laws but calls it “parental responsibility.” He used to live with them for years and years. In and out. Now, that my brother is in a new relationship his baby mom has become very on edge. She has told his girl friend that she’s the... Read more »
If he would like parenting time, then he can file an action for Allocation of Parental Responsibilities with a district court. This will allow a court order to issue that will set forth the responsibilities and parenting time and allow him to enforce the order if she does not comply.
There is a legal presumption that the husband is the father. This can prevail even if another man is the biological father- if the court finds that it is appropriate to name the husband as the legal father.
There is no "bright line" rule. It depends on the circumstances. Generally shared parenting may not work well for children whose parent's live in different school districts. While time with both parents is important, it is not beneficial to children to spend a large amount of time driving between...Read more »
You could potentially file for an emergency restriction of parenting time depending on your evidence. If you believe based on credible evidence that abuse is occurring you can also make a report to the Department of Human Services.
We attended mediation and weren't able to resolve anything because I feel strongly that more time with his father would not be in our son's best interest (he is an admitted abuser and alcoholic). Since then, I have found another 50/50 plan that I would consider trying, but he won't hear it because... Read more »
In a case like this, you should consider requesting appointment of a CFI (Child and Family investigator) or a PRE (Parental Responsibility Evaluator). That person can do an evaluation of both parties and the child and prepare a report for the judge. Also, you should get a lawyer to help you with...Read more »
Ex has not seen or spoken to kids in 7 years, over $60,000 behind CS, never sent anything to kids and left CO years ago. He was supposed to go back to court to have 50% cust. after completing certain task, but never did. I have made every decision and full care/support for our kids since the... Read more »
My ex-husband was recently arrested. His mother (my child’s grandmother) took her and refuses to give her to me. Since I don’t have a custody court order I cannot get her back. I am at loss for what to do. Is it possible to get an emergency custody court order?
I Was detained by law enforcement. During that time I allowed my ex-wifes parents to take the kids. I was not arrested or charged for anything. I have primary parenting rights for our children. She kept the children and filed a temporary restraining order and the very next day she filed a motion... Read more »
It depends. An attorney would have to see the parenting plan and also determine whether your detention would have created grounds for an emergency change in parenting. Your situation is complex and your questions can not be answered based just on the limited information provided here.
Over the years he refuses to allow me to see the autopsy results. Also this same brother masterminded a banking fraud with the brother that passed away, when our mother had passed away in 1992, he included my mothers landlady in this.... they forged and cashed a check from my mothers account at her... Read more »
Disability compensation is gross income for purposes of support, though not divisible as a property settlement. This has been considered by many state courts but also the U.S. Supreme Court. You should consult with an attorney familiar with the military as there are a lot of unique aspects of...Read more »
The Court will only give a family member custody over the wishes of the parent if the child is endangered. However, you could ask your sister to consent to a longer period of guardianship and it could be formalized through the courts. The state where the child has been living for the last six...Read more »
Your options depend on whether the MOU was issued as a court order and if the agreement required your ex to pick up and drop off your child at school. You can modify a MOU if you find that it does not meet your needs. If it has been issued as a court order, you can stipulate to a modification.
Over night stays, of our 3 year old daughter. We’ve been on this schedule for a few weeks now. My question is if I file for a legal separation and my wife still agrees to this fair sharing time will a CFI still be required? If CFI not required could the courts decide on a different sharing time... Read more »
You are not required to have a CFI. You don't need one if you have a parenting agreement. The court may impose a different agreement but usually will accept whatever the parties agree to, unless the court finds that the agreement is not in the best interests of the child.
Once a custody case has been filed, there is an automatic injunction which prohibits both parties from removing the children from the state without permission of the other party or the court. The court will need a good reason to permit removal from the state. Your daughter should get a lawyer to...Read more »
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