Colorado Family Law Questions & Answers
Q: Can I take away my ex's rights and have my husband adopt my daughter
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Colorado
on
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: 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.
Q: My sons bio dad and I never lived together but were married, after my dunk turned 11 months. He started getting parentin
John Hyland Barrett III's answer
Since there is no court order, you and the father are free to make whatever agreement you want. It is common for the parents to share the travel responsibility for parenting time. If a court were to have to decide the parenting time, it will try to come up with a schedule that is in the child's best interests. It may not involve every weekend, but is not likely to be just every-other weekend. Also, the child support could be reviewed to see if it comports with the child support guidelines.
Since there is no court order, you and the father are free to make whatever agreement you want. It is common for the parents to share the travel responsibility for parenting time. If a court were to have to decide the parenting time, it will try to come up with a schedule that is in the child's best interests. It may not involve every weekend, but is not likely to be just every-other weekend. Also, the child support could be reviewed to see if it comports with the child support guidelines.
Q: Is it true that the decision maker can not modify or revoke any rights of the parents that already exist in an order?
John Hyland Barrett III's answer
This depends on the terms of the order appointing the PCDM. She should not contradict the explicit terms of the Parenting plan unless she was given that authority. You can request the court review her orders. There are short time periods for doing that. You should retain an attorney to review the Parenting Plan and advise you.
This depends on the terms of the order appointing the PCDM. She should not contradict the explicit terms of the Parenting plan unless she was given that authority. You can request the court review her orders. There are short time periods for doing that. You should retain an attorney to review the Parenting Plan and advise you.
Q: Can a 16 year old go to court alone to get out of the abusive home she lives in
John Hyland Barrett III's answer
I am not aware of any procedure for her to pursue her own. However, her mother could file a motion for modification of the parenting plan to have the daughter live with her.
I am not aware of any procedure for her to pursue her own. However, her mother could file a motion for modification of the parenting plan to have the daughter live with her.
Q: what does it mean when I get a paper from the court regarding special entry of appearance & notice of intervention
John Hyland Barrett III's answer
It means the child support enforcement office is becoming involved regarding child support. They will want to make sure the correct amount of child support is being ordered and paid.
It means the child support enforcement office is becoming involved regarding child support. They will want to make sure the correct amount of child support is being ordered and paid.
Q: What action should I take when my child father has violated a court order to see my child?
John Hyland Barrett III's answer
You can file a motion to enforce the court order and for make-up parenting time. You should retain an attorney to help you with this.
You can file a motion to enforce the court order and for make-up parenting time. You should retain an attorney to help you with this.
Q: Do I need to file anything additional for him to voluntarily terminate his rights?
John Hyland Barrett III's answer
The court is probably still going to have a hearing. At the hearing, you will have to present evidence supporting your requests. There is not really such a thing as "giving up his rights" except in an adoption or in a dependency and neglect hearing to terminate parental rights.
The court is probably still going to have a hearing. At the hearing, you will have to present evidence supporting your requests. There is not really such a thing as "giving up his rights" except in an adoption or in a dependency and neglect hearing to terminate parental rights.
Q: In the middle of the divorce there's no custody set yet and we have not at her final hearing need help
Daniel B. Kelley's answer
Not proper or appropriate. You need to contact an attorney to help you navigate this complicated and confusing process. There are many of my colleagues that will give you a free consultation. Give one of us a call today.
Not proper or appropriate. You need to contact an attorney to help you navigate this complicated and confusing process. There are many of my colleagues that will give you a free consultation. Give one of us a call today.
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.
