The mother of my daughter (custodial parent) is refusing my visitation due to my non-vaccinated status. She states that because she has medical decision-making authority over my daughter, she can require this. I have offered to take a COVID test on the days of my visits and wear a mask but she says... Read more »
She does not have decision-making authority over you and she can not require that you be vaccinated. You are entitled to parenting time by virtue of the court order and she is obligated to allow it.
If you are common law married you can ask for spousal maintenance, however to be considered common law married, you would have to have held yourselves out at married to others.
Im in Colorado. I i have a final orders hearing in my custody case on oct 13th. Ive entered my witness list and now my babysitter wants to withdraw from being called as a witness because of retaliation from the petitioners family.
You can subpoena her which means that she will be in contempt of court if she does not testify and she can report harassment to the police. She can also choose not to respond to contacts from people engaging in harassing behavior. Whether you want to put her in the position of having to testify is... Read more »
You could file for a modification of child support based on a substantial and continuing change of circumstances if that is the case. The tricky part for a tax issue is that substantial and continuing means that there has to be a plus or minus 10% change in support. You may have tax options that... Read more »
Saturday afternoon l had a process server come to my door and said do the LaGasse's live here. l said yes. he gave me an envelope and turned around and mentioned my son Joshua's name as he walked away. L don't have very good hearing. lt was a very confusing moment. He did not ask who... Read more »
Service on a family member who lives here is valid. So, IF your son lived there, that would be valid service on him. Since he does not live there, it is not good service. The PROBLEM is that the return of service will state that it was served on a family member who lived with your son. The court... Read more »
There is no father listed on the birth certificate. There is no paternity established or being established.
You would have to establish paternity first. Then you would have to have a stepparent available to adopt the child, or you would have to have a finding of abuse or neglect on the art of the other parent and a period of time where the parent would be given the opportunity to rehabilitate.
I have a text that says I could watch the kids and he would pick them up at 350pm that afternoon.
You can present this evidence at the contempt hearing. Depending on what it is, it may or may not help you. You should get a lawyer to help you with this.
My ex-wife and i have a parenting plan set up from our divorce 2 years ago. The plan specifically states that communication must be respectful, and she has constantly harassed me over the last year and a half. I have attempted to file harassment charges through our local police department, and as... Read more »
It really depends on the exact language of the agreement and "disrespectful" is a pretty vague term. You might try Colorado Legal Services for pro bono legal assistance.
50/50 parenting plan signed in late 2020. EX says she cannot take kids to school due to work and gas.
Lost on what to do. Kids cannot be missing school.
I am sorry to hear about your situation. Will your ex agree to allow you to have care in order to take them to school? Can they take a school bus? The children do need to attend school. Generally an emergency involves abuse or neglect so it would be best to look at options outside of an emergency... Read more »
Should I ask the court to terminate my maintenance payment to my ex when he is harassing/stalking me at my residence? He also wants my life insurance policy money which I think it is a threat to my safety. I have a few monthly payments left per separation agreement, however I have missed some... Read more »
I am sorry to hear about your situation. Non modifiable means non modifiable. As far as harassment or stalking, you can make a report to the police or if you are in fear of imminent danger could petition for a protection order.
What does it mean when the courts say that ? The other parent she’ll have supervised parenting time every weekend for 4 hours. Unless the parties agree otherwise?
This language means that the parties can come to their own agreement. If they do not agree, then the court order must be followed. So, in this case, there is supervised visitation for 4 hours every weekend, but the parties may agree to some other schedule.
My ex wife was pregnant before we were married. She had the child after we were married, so my name is on the birth certificate. She has told me that she wants me to have no contact with the child anymore. I am paying about 300 dollars a month for child support. Am I able to get my name off of the... Read more »
It is difficult to ask for paternity testing if you did not do so in the course of the child support proceedings. The courts at this point do not have an interest in disproving paternity.
Do I have a certain amount of time that I am granted to respond before the judge can rule on this motion? It appears that my ex and her attorney filed the motion on July 19th and the Judge granted the order the same day before I even had a chance to respond. Can they do this?
You can ask for the opportunity to respond. By statute you have 21 days. If you had participated in the proceedings then you should have been given the opportunity to respond.
We have a special needs son that we agreed to support as long as he lives in one of our homes. However, child support is going to interfere with Medicaid/SSI (particularly SSI). If we list the reason to support termination as: it is in his best interest as it could interfere with benefits (Medicaid... Read more »
Unfortunately no one can tell you what a court will decide. Child support is considered the right of the child and it is not likely that a court will deprive a child of support so that the child can qualify for public assistance. Additionally the state has an interest in obtaining child support so... Read more »
I'm polyamorous, and I love all 3 of my girlfriends very very much, but ik polyamorous relationships are illegal, but the law says if your married to someone, you cannot legally marry someone else, so how does this affect that law, and could I be charged for it?
You can be common law married to one without a ceremony potentially, but not to more than one. For any illegal act, you can be prosecuted. Whether law enforcement would expend efforts to enforce that law is another matter.
The settlement offer is for 1/2 the amount he owes claiming he will pay my son and i a lump sum if I cancel the child support order
Whether you accept it is up to you. You are entitled to the full amount - though not in a lump sum.
You
Well the court ordered hair follicle drug test for both parties because my ex accuse me of using drugs they gave us 30 days to have the results turned in which was June 7 what is the deadline I turn my results in but they ask who accuse me has not even submitted any test results at all... Read more »
If she has not complied with a court order, then the court order can be moved to be enforced.
A CFI is appointed by the Court and must be non-biased. The CFI never evaluates a single party but rather speaks to both parents and the children and makes a recommendation about allocation of parental responsibilities.
I have had temporary custody of my almost 2 year old for a year and a half. The magistrate keeps pushing out our case. During status conferences she only would address the mother. The mother never did anything the court asked her to. Accused me of abusing her and my son and did not submit any... Read more »
It is difficult to establish bias as it has to be based on more than a disagreement with the magistrate's decisions. You will have to have some independent witnesses if you would like to support an allegation of bias.
She has since moved back to Colorado, am I still required to send him to her house For the whole summer even tho it was specified about exercising her time in Florida. She is refusing to communicate about a new plan even tho she already agreed to a new plan (over text) when she first arrived.i... Read more »
It sounds like you need a modification to the parenting plan based on the move. Given that the intent was that Mother should have summer parenting time, you should allow her the time even though she has relocated closer. You can file a motion to modify parenting time to get the ball rolling if she... Read more »
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