He has been charged with domestic violence in the past and had a history of problematic behavior. Most recently he has kept our oldest child (12) with him for 6 weeks straight, when previously I had the kids weekdays and he had then weekends. We do not have a custody agreement, we've been... View More 
answered on Aug 7, 2023
Good Morning,
Your question and the related details raise several red flags for me and I highly suggest that you consult with a qualified domestic relations attorney licensed to practice law in the State of Colorado. When it comes to domestic violence and the allocation of parental... View More
If my spouse agrees to pay child support/spousal maintenance while I get established in part time work, can this be part of a mediation agreement?
answered on Aug 7, 2023
Good Morning,
You ask a great question! Generally speaking, parties to cases in domestic relations can be quite creative when it comes to creating terms in an agreement reached at mediation (or even outside mediation). Child support should be approved by a judge (in Colorado it is a right... View More
The ex didn't disclose any income at the time of divorce even though they had accepted a full-time job already. Based on that information, the division of assets, to include pension was made. Can the case be reopened due to the fraud since the pension would not have been included if the actual... View More
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answered on Aug 4, 2023
Property settlement modification generally relates to disclosure of assets and debt and not income. Also, it sounds as though someone may have accepted a job, but may not have been working at the time of the hearing/decree.
The ex didn't disclose any income at the time of divorce even though they had accepted a full-time job already. Based on that information, the division of assets, to include pension was made. Can the case be reopened due to the fraud since the pension would not have been included if the actual... View More
answered on Aug 4, 2023
Good Question!
This is one of my favorite aspects of family law. The short answer to your question is that the law does provide for remedies if income or property subject to division was not properly disclosed at the time (or before) the decree was issued (assuming that was the last step... View More
Am i entitled to the car because i was still on it? How did someone else get it?
answered on Aug 4, 2023
If a court does not apportion property in a divorce, the division of assets may be left unresolved or handled informally by the parties, leading to potential disputes. Lack of legal guidance can result in an inequitable distribution, possibly favoring one party over the other. This can create... View More
14yr old is staying at aunts due to leniency, what is the law in Colorado where child stays?
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answered on Aug 3, 2023
In the state of Colorado, if the parents of a 14-year-old child are separated and there is no custody agreement in place, both parents generally have equal rights to make decisions regarding the child. In the absence of a court order or custody agreement, both parents have legal custody, which... View More
So we just had a child and on the 2nd day cps said they got a call about possible drug use so we had them come to our hone do a visit then since the allegations were about drugs we both gave them clean uas now they want more I'm telling my wife to tell them no but she is so uptight she things... View More
answered on Aug 2, 2023
Get legal counsel to represent you and do it quickly. CPS has a great deal of power and they could potentially come and remove the child if the allege a danger to the child. Often, a little cooperation can get you through this without serious legal proceedings. Your wife is not wrong in that... View More
Colorado: I filed a Stipulation to Relocate Minor Children with the court, it was signed by both parties, approved and ordered by the judge. My ex then decided after the fact, to file the "response" fighting the stipulation that he himself had already signed. His response is also full of... View More
answered on Aug 2, 2023
A Stipulation to Relocate Minor Children is a legal agreement between the parties that outlines the terms of the relocation and is signed by both parties before being presented to the court for approval.
Once the stipulation is signed by both parties and approved by the court, it becomes a... View More
For a guardianship proceeding for an incapacitated adult, interested persons are submitting motions in lieu of the petitioner.
answered on Aug 2, 2023
This is a complex issue - let me break it down. First, in a guardianship proceeding, interested persons are typically individuals who have a legal interest in the outcome of the case. These individuals could include family members, close relatives, or other parties who may be affected by the... View More
Is it parenting time interference if the child's mother schedules activities during the father's parenting time? i.e. The child will be away with the mother on a camping trip during the father's parenting time. The mother already knows that the father is unable to take the child... View More
answered on Aug 2, 2023
Hi, based on the information provided, scheduling activities during the father's court-ordered parenting time without his consent and knowledge can be considered parenting time interference. This interference could be a violation of the court-ordered custody agreement or parenting plan.... View More
I noticed a small "pending practice" in her email sig. She has not shown up to a hearing 2x which led me to question why. I had some stand in attorney and she did not know my case ( divorce) so i essentially had zero representation.
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answered on Aug 2, 2023
In most cases here in the state of Colorado, you need a license to practice law. There are multiple exceptions to the rule but you should check into it. This is particularly important for domestic cases since you would normally be in front of a judge. I would find it odd if they did not have some... View More
I noticed a small "pending practice" in her email sig. She has not shown up to a hearing 2x which led me to question why. I had some stand in attorney and she did not know my case ( divorce) so i essentially had zero representation.
answered on Aug 2, 2023
I completely understand your concern and I hope you find this answer helpful.
Attorneys must be licensed to practice law in the state where they provide legal services. While each state has its own requirements for licensing, generally it is not permissible for someone to practice law in a... View More
I noticed a small "pending practice" in her email sig. She has not shown up to a hearing 2x which led me to question why. I had some stand in attorney and she did not know my case ( divorce) so i essentially had zero representation.
answered on Aug 2, 2023
Hi There,
You ask an excellent question and have every right to be concerned. It’s difficult to answer your question without having more information about the specific circumstances. It is important to have counsel and representation that you feel comfortable with. All attorneys at CNL... View More
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answered on Aug 1, 2023
If you are being questioned by Child Protective Services (CPS) or any other law enforcement agency, you have the right to remain silent and the right to an attorney. You can assert your right to remain silent and request a lawyer at any point during questioning.
If you have clearly stated... View More
Father gave me a truck back in Feb my sister who has power of attorney refused to give me title. Needing a vehicle I traded it for one that was ready to go as the truck wasn't anyway needing a motor. My father took my sister's side and reported it stolen the. Passed away. Now I have... View More
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answered on Jul 31, 2023
Hire a CO criminal lawyer now. He will need to gather the facts of the transfers,and determine who the next of kin of the Father is, But that probably means you only own an interest in the vehicle, not the whole. You will need a witness who can swear to the next of kin's identification.... View More
Is it parenting time interference if the child's mother schedules activities during the father's parenting time? i.e. The child will be away with the mother on a camping trip during the father's parenting time. The mother already knows that the father is unable to take the child... View More
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answered on Jul 30, 2023
Since the law prohibits lawyers from providing legal advice to non-clients, I cannot answer your question specifically, but I can share some general advice based on typical situations.
In many jurisdictions, it is indeed considered "parenting time interference" if one parent... View More
I am the petitioner. My child’s father has not filed a single paper into our case not even a response. however, he did attend the ISC and mediation. We had a partial agreement in mediation. He still did not file anything even after a delay prevention order was filed. The court just sent out a... View More
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answered on Jul 30, 2023
A default hearing in a case regarding the allocation of parental responsibility (or custody, as it's commonly known) generally happens when one party fails to respond or participate in the legal process appropriately. Since the father of your child hasn't filed any paperwork, the court is... View More
My daughter did a DNA test and she is not his biological daughter. Biological dad did test and now we have results and he is still keeping her even after DNA shows he's not dad. Me and bio dad are in the process of removing him from birth cert but court isn't until September. What can I... View More
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answered on Jul 30, 2023
I'm really sorry to hear about your situation. I'm not permitted to give you specific legal advice as the law prevents attorneys from doing so, but I can give you some general advice about how to approach this.
1. Consult a Family Lawyer: You should definitely consult with a... View More
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answered on Jul 28, 2023
In Colorado, the default matrimonial regime is known as "separate property" or "equitable distribution." Under this regime, any property or assets acquired by either spouse before the marriage or during the marriage through gift or inheritance are considered separate property... View More
answered on Aug 2, 2023
So this is somewhat of a complicated answer.
Fundamentally -- we are an equitable distribution state. That means we assess both separate property and marital property. Generally, any property (including income) acquired during the marriage is marital property. Any property earned or... View More
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