I requested waiver from mediation due to psychological abuse. The Court denied the motion.
CRS 13-22-311 (1): "Any court of record may... refer any case for mediation services or dispute resolution programs... except that the court shall not refer the case to mediation services or... Read more »
Courts have a lot of discretion and with psychological abuse likely you did not hav a protection order and the Court found the other parties testimony on the point more credible. It does not appear that you have a slam dunk case. You can not introduce new evidence and you have to allege an error of...Read more »
My 17 year old son signed a contract and was supposed to ship to Army boot camp today. I signed giving permission for him to join. I was told he was emancipated because he had officially joined the army when he signed his contract. He was a witness to a crime and was told today that he can’t ship... Read more »
Unless he is serving, he is not actually emancipated. Even then, that is a determination for the Court. A person does not automatically become emancipated when they sign a contract to serve or when they begin serving, for reasons such as these. Additionally, it would be rare for a witness to be...Read more »
It depends on what your decree says. This is an aspect generally covered in a parenting plan. If not, Colorado statute says that the exemptions are taken in proportion to income so if you each make the same amount of income, then you would alternate every year.
We have had her since she was 2 months. Her mother was using drugs and alcohol. She could not handle her. She is now 23 months old. Her mother is still homeless and unstable. She says she is not using. But unsure if that's true. Out of anger and vindictiveness she is threatening to take her... Read more »
My divorce was final 6 years ago. The judge awarded me 40% of ex-husbands pension in exchange he got the family home and all equity in it approximately $400k. I had to wait until he became old enough to obtain early retirement before I could claim on the pension. That's why I had to wait the 6... Read more »
If your child's father is certain that he wants a long term change in parenting time, and the same is in the best interest of your child, the least expensive and quickest manner to achieve a Court's recognition of the change is to enter into a Stipulation to Modify Parenting Plan and...Read more »
My ex wife and I agreed to no child support over 12 years ago (she would have owed me $350/month). About 5 years ago she voluntarily quit her job to start her own business and it has caused a reduction in income and she lives with her boyfriend that mostly supports her. Can she make a modification... Read more »
I’m involved in a child custody case, which just went to final orders hearing 2 days ago tho we have a month until orders are issued ...where I have proof that the plaintiff (father) as well as my stepfather (bc my mom and stepfather are trying to gain custody of my child for my... Read more »
The hard reality is that you have one bite at the apple. The Court will not rehear the case to hear evidence that could have previously been presented. Otherwise there would be no finality, and cases could never end.
I have a lot to say during our upcoming finals order hearing..I am pro se. but I won’t have time to memorize it its very detailed/technical and extensive. Will Ibe allowed to read from a sheet of paper this content that Ineed to share to our Judge? And if not, would note cards be allowed? Also, I... Read more »
My daughter is going to be one year old next month. Her father and I already have a court order and it states that he’s supposed to get her every other weekend. However he hasn’t followed it since it was put in place and he even moved states. His parents ask to see her and I allow them to, I... Read more »
In Colorado, the most common ways to be personal representative ("PR") for the estate of someone that passed away are (1) to be nominated as PR in the will, or (2) to be a relative of the deceased person who applies to be PR.
In the first method, the will might name a PR and...Read more »
My ex informed me about a week before he was leaving the country that our children will be in the care of his girlfriends mother and his mother during his parenting time while he is out of the country. I convinced him to allow the boys to stay with me for some of the time but I would prefer that... Read more »
It depends on if you have a parenting plan and what it says. There is no law that governs who children stay with other than that a fit parent is presumed to be able to arrange for appropriate caregivers in his or her absence. You can try to negotiate an agreement that if the other parent is gone...Read more »
My daughter's mother and I have a parenting plan. We mutually agreed outside of court that some of the items needed to be changed such as switching bi-weekly visits from one overnight to two overnights. We drafted an intent to file parenting plan changes and the document is notarized but never... Read more »
I have residential custody and there is already a parenting time plan in place, filed and approved by the courts as a result of a abuse/neglect investigation involving my wife. She moved to NC during that investigation before there was a parenting time order. She now says I'm not allowed to... Read more »
We used to have joint custody but 3 yrs ago I was given full custody and the father hasn’t been involved since that time. He is now demanding my address saying it’s his legal right to have it. Do I have to provide it?
You do not have to provide your address, BUT YOU DO HAVE TO PROVIDE THE CHILDREN'S ADDRESS. Even with you having "full custody', he maintains some rights to contact with the children. The exception may be if his parental rights have ben terminated-which is unlikely.
I was served by my child’s father after one of his visits he gave me a citation to show cause with out a “return of service” does this make it an improper serving? If it pertains to the old court order does it make it invalid?
The COlorado Rules of Service say that any person 18 years or older and not a party to the case can make service. If this is an ongoing litigation, he may be able to serve you through the courts by mail. This sounds like a contempt citation, which means you should seek an attorney as soon as...Read more »
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