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... Read 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... Read 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... Read 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,... Read 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... Read 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... Read more »
In Colorado, my ex agreed in the separation agreement to pay me half of the mortgage since his name is on the house too. The separation agreement is part of the final orders of our divorce decree. Now he's saying he's not going to pay it. Isn't that a violation of a court order, and... Read more »
answered on Jan 25, 2023
If your final orders say that he is to pay 1/2 of the mortgage and he is not doing so, then yes, that is a violation of the orders. Yes, you can file a motion for contempt.
Remember that when you file contempt you need to be able to prove 4 main elements: 1) there was an order requiring... Read 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... Read 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... Read more »
Can i write a rebuttal report regarding all of the collateral contacts telling bold faced lies that I have proof of?
answered on Jan 23, 2023
You can always challenge the CFI's conclusions and recommendations if you believe that a third party told a lie to the CFI and the CFI relied on that lie in coming to a conclusion or recommendation in the CFI's report. If you are filing a rebuttal document, make sure to attach the... Read more »
She was served it’s been 96 days and she still hasn’t filed a response nor any paper work. However she has been to the first meeting and mediation. But haven’t file parenting plan a response sworn financial statement nothing. So I want her to be dropped from the case if that’s possible
answered on Jan 23, 2023
In Colorado, you can ask the court to set a "default judgment hearing" if the other side just goes "radio silent" like this. At a default judgment hearing, the other side may be limited in the evidence they can put before the judge because the other side has not complied with... Read more »
How will the respondent know the jurisdiction is changed?
answered on Jan 22, 2023
It depends. Venue can only be changed under certain circumstances. Usually an action has to be filed in the county where the Respondent resides.
The other party has to be notified of every document filed in a case.
Does a venue change have to occur or is just an option for a custody case for a child under 6
answered on Jan 21, 2023
In Colorado, a child custody case (known as an "allocation of parental responsibilities" case) is filed in the county in which the child resides or where the child is found. See Section 14-10-123, Colorado Revised Statutes (C.R.S.):
"(1) A proceeding concerning the... Read more »
My father passed away and most of his debt is in his name only. There was no will and the only evidence I have is my mom listed as the beneficiary for both his life insurance and retirement plan. Is that money safe or can creditors take from there? What about their house, is that at stake with... Read more »
answered on Jan 16, 2023
Allot of this really depends. If I recall, If the debt is solely in your father’s name, I would think his estate would be liable for the debt. If the debt was in both your mother and father’s name, then you mother could be jointly liable. If the debt was attached to a security interest such as... Read more »
My son has a half sister, her father was able to do a termination of mother’s parent-child relationship with a step adoption. I have more than enough substantial evidence to prove mother is an unfit parent. This custody battle has gone on 6-1/2 yrs as long as our son has be alive. Mother... Read more »
answered on Jan 5, 2023
One parent can't terminate another parent's rights. The step-parent adoption process is an exception. If there is a step-parent willing to adopt and the court decides that is in the parents best interests, then a step-parent can adopt. Parental rights are terminated through the dependency... Read more »
answered on Jan 1, 2023
Hello. You should consult with an experienced Family Law attorney and give him/her the facts in your case. Then ask the lawyer what sort of representation assistance the attorney can provide and how much it would cost.
In general, however, under the Colorado attorney ethics rules and... Read more »
I am still currently married to my wife and we have a 15 month old daughter that we both love dearly and want the best for, but I am at my breaking point in regards to my relationship with my wife. She is not the woman I married and I fear that staying married to her will not only keep me... Read more »
answered on Jan 1, 2023
Hi, James. I am sorry to hear about your unhappiness. Hang in there.
The question you ask is "How does custody work when your child is only 15 months old". The age of the child is a factor that the courts in Colorado consider when allocating "parental... Read more »
If family court ordered mediation and the mediator only filed the form stating mediation was complete and the co-petitioner will be responsible for filing the signed agreement, is there a certain time frame that agreement needs to be filed in before the courts will no longer accept the request to... Read more »
answered on Dec 28, 2022
There is not a specific time frame after which the court will not accept the signed mediation agreement and approve it. That is a matter of the judge's own discretion. Different judges choose to handle that situation differently. The judge is aware that this is unresolved on their docket.... Read more »
There is not/never has been a restraining order upon me. The house is owned by his girlfriend. We have a mediated agreement in place for the parenting plan that simply designates a dropoff spot. We had just been at that spot, when she said she forgot her stuff. I tried to flag him down, texted... Read more »
answered on Dec 28, 2022
From your description of the facts, it seems unlikely that the judge will find you did anything wrong. You attempted to contact him to resolve it. When you went to the house, an adult who resides there let your daughter in, she got her things, and you left. From your description, there was no... Read more »
This person is my brother-in-law. Just out of prison for his offense. I don't believe my daughter is in any danger but I am curious if I can get in trouble if he shows up to family dinner while we are there.
answered on Dec 28, 2022
My first thought is that your brother-in-law is possibly taking a huge risk to be around any child if he's just out for his offense. He should review all of the restrictions he is under and make sure he's not putting himself at risk. If he is restricted from being around children, he... Read more »
father lives seperate. fathers mother has threatened to take son. father barely sees son. father is emotionally and verbally abusive to me. father was barely involved even when living full time with son.
answered on Dec 28, 2022
An underage parent needs a parent/legal guardian to join in the case with them for an allocation of parental responsibilities (APR) case to determine parenting time and decision making. The only exception would be if the underage parent was determined to be emancipated.
The underage... Read more »
Tried to admit her to the hospital; Behavioral Health for evaluation but she refuses!! Told that I need to get a Court Order because she is an adult. She is seeing things; talking to someone that isn't there; acting like she's taking care of her kids which do not live with us. Yesterday... Read more »
answered on Dec 28, 2022
I am very sorry that you are going through this.
It can be very difficult to acquire a court order over an adult. I'm not clear on what you want to accomplish with the court order. A guardianship would give you some authority over her, in terms of things like medical decisions and... Read more »
She has been with her for a few years in Florida but she recently came to stay with me over the summer until September. Her grandmother has temporary custody of her (in FL) but there is still a shared customer order in Colorado between her father and I. Her father is not in the picture but she... Read more »
answered on Dec 27, 2022
Based on what you are saying, there appear to be conflicting orders. It would be necessary to review the orders before anyone could provide information on how the potential conflict might be resolved.
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