that our children will be in care of his girlfriend. We have a parenting plan that's court ordered. What can I do to stop him from leaving our kids with his girlfriend
answered on Jun 30, 2023
You need to file a motion with the court to temporarily modify the parenting time while he is in rehab and file it very soon. That is step one. Unless there is something in your orders addressing this kind of situation and allowing your ex to designate someone to "use" his parenting... View More 
I'm preparing my motion Pro Se, and I feel my description of several pages is a bit long... I would like to know what I should cut out to get the motion read and accepted by the court.
answered on Jun 29, 2023
You should schedule some time at a free clinic for assistance or get advice directly from a specific attorney who can look at what you have written. Your request can't properly be answered in this forum.
In a very general sense, "several pages" probably is too long. You... View More
My ex is abusive and I was able to get sole legal custody by offering not to receive child support. My ex emails a few times a year to “check in” on our child. I typically respond with short emails that give details as to their health, school progress, and life in general without revealing any... View More
answered on Jun 28, 2023
As a general rule, once a child is 18, parenting time orders cease to have effect, though Judges will often consider enforcing the parental communication until the child has graduated high school if the child has not done so by the time they turn 18. Once a child is 18 and has graduated from high... View More
2021 taxes were discussed in mediation.
Final orders stated that any joint tax returns are to be divided evenly. She claims to have used the entire tax amount to pay for her lawyer and "take care of things" and says she owes me nothing. The amount is over 8k combined with the other money's owed.
answered on Jun 26, 2023
You ask an excellent question and I can completely understand that this is likely frustrating given the amount of time between mediation back in 2021 and now.
To answer your question, final orders are generally controlling. In a Colorado Domestic Relations matter concerning property... View More
I filed for custody. My child’s father has not submitted a response even though it has been way past 21 days. He has not filed ANY paperwork into our case. However, he has attended the ISC and mediation. During mediation we agreed to him getting our son one weekend per month as we live 3 hours... View More
answered on Jun 23, 2023
It depends upon the specific language of the written mediated settlement agreement both parties signed at the conclusion of the mediation. Ordinarily, a party cannot change his mind and recant an specific agreement definitively detailed in the signed written agreement. But anything not... View More
She signed the court order which states all required school fees will be reimbursed 50% to the party who paid. I bought the required supplied for my step daughter and now she is saying she didn't agree to buy the supplies so she refuses to reimburse even though she agreed when she signed the... View More
answered on Jun 20, 2023
The DM does not have the authority to enforce court orders. You may want to consider either filing a motion to enforce the court orders, or you could possibly pursue contempt of court. As you are probably aware, going back to court can be costly and time consuming. You did not indicate the... View More
answered on Jun 8, 2023
I am very sorry to hear about your circumstances. Understanding that this is likely one of the most difficult and vulnerable times in your life, I sincerely applaud you for taking the first step in seeking out help.
It is difficult to find good pro bono family law attorneys, especially in... View More
I filed for divorce and his attorney filed that we are not common law married.
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answered on Jun 5, 2023
Common law marriage is a complex question that you should hire an attorney to help you address. You typically need to be together for a certain amount of time and hold out as married such as wearing wedding rings, calling each other husband and wife, and so on. Each state is different, hence the... View More
answered on May 20, 2023
As you have stated it, it is impossible to answer this question.
That will depend on whether the adoption has been completed or not first. If it has, then it depends on how long ago it was completed to determine whether you even still can appeal it.
If it has not been completed,... View More
My mother who had ALzheimer gave my sister POA and 14 months before she died, my sister made herself beneficiary on my mother bank accounts.. They lived in Ohio and I live in Colorado. Bank accounts are not part of the probate. Bank will not give me my mother's account history because, pretty... View More
answered on May 20, 2023
It sounds like you will need to pursue this in Ohio. Jurisdiction attaches where the person who passed away lived when they died. Since your mother did not live in Colorado when she died, Colorado would not have jurisdiction over this matter, so you could not purse this here.
Generally... View More
I am the petitioner and the mother. I filed 56 days ago and the respondent was ordered to respond within 21 days. He has not responded and has not made and mandatory disclosures but did attend the initial status conference where they ordered us to mediation. It was ordered to schedule mediation... View More
answered on May 16, 2023
I would suggest asking the mediator to file a certificate with the Court indicating that you attempted to schedule the mediation and paid your portion of the fees. If that does not occur, then I would file a status report with the Court stating everything you have done up to this point. Regarding... View More
If you are ordered to pay $500 in child support and they garnish your checks $250 biweekly to pay it occasionally you get a 3rd check a month and they garnish that one too. That brings you to paying $750 that month. What happens to that extra money and is it even legal to take more than the court... View More
answered on May 20, 2023
The best way to get a clear answer is to talk to Child Support Enforcement. They can tell you what is going on there. If there are arrears owed, that would be one explanation. Start there.
Usually, when child support is garnished, those extra weeks are calculated into it so that the same... View More
My Fiancé and I are both former military, and my Fiancé told me we have to wait to get our marriage license because their divorce decree was sealed. From my basic knowledge, as long as it is finalized, you're allowed to be able to remarry, so it being sealed should have no bearing on us... View More
answered on Apr 24, 2023
You ask a very interesting question, I would be happy to weigh in.
It sounds like your fiance was previously married and a party to an action to dissolve that marriage. The act of sealing an order of the Court does not usually have an impact on its legal weight. That means that the document... View More
The value of the property is $395,000 In the amount owed is $330,000 and the net value equity is $65,000 and the outstanding debt is 20000 and the down payment was 12,000 which was paid in full by my wife and they are offering me 5,000 for to buy me out and they offering me a chance for me to not... View More
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answered on Apr 21, 2023
Good morning,
I think this is better posed as a math question. There are allot of factors to this question that are not shown here including your risk tolerance, the cost to sell the house, the real FMV. I would think 1st you would need to establish if there is a presumption that you are... View More
What is the real true reason that lawyers won’t take on Child Protective service cases? Every parent I’ve spoken with had nothing but grief with the court appointed lawyer. With mounds of evidence that CPS falsified manipulated coerced and lied just to remove new born baby at birth and... View More
answered on Apr 12, 2023
Having represented parents in CPS cases earlier in my career, it is my opinion that the real true reason is such clients frequently do not pay the attorneys for their services.
Like other significant litigation, CPS cases require a lawyer to spend a great deal of time, including time... View More
There is an order for reimbursement within 30 days, yet other parent waits up to 1 1/2 years to submit receipts for repayment for child's medical care. What, if any, is an actual and acceptable time frame? Not to mention multiple duplicate statements with no proof of payment or prior conferral.
answered on Apr 8, 2023
Hi There!
I am sorry to hear that you are going through this. I know that co-parenting with an ex can be difficult, and the financial relationship that you two now share is oftentimes wrought with strife, frustration, and consternation. Assuming that your Orders (the parenting plan and the... View More
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answered on Apr 3, 2023
No, a QDRO does not need to be drafted and filed before the Decree is signed by the Judge.
It is possible you could file it with the other settlement documents, but it is not typical in most cases. The language included in QDROs often includes reference to the date the decree issued, so it... View More
answered on Apr 3, 2023
Good Afternoon,
You ask a great question! In most cases, there is no statutory prerequisite concerning QDRO's that have to be met in order for the Court to enter a Dissolution of Decree of Marriage. Many times, a Separation Agreement (the agreement that details the manner and methods... View More
We've been having issues we have 50/50 custody and due to all the drama last week I made him meet me at the police station not even 5 minutes away from where we're supposed to meet for the parenting plan but now he's telling me he's going to make me go all the way to Arvada... View More
answered on Mar 30, 2023
If I am understanding your situation, you have a parenting plan with a designated location for exchanging the child(ren). Neither parent should "make" the other meet at a different location unless it is agreed upon, preferably in writing. Parenting time exchanges should also be free... View More
answered on Mar 15, 2023
In general no, once a civil protection order is dismissed "without prejudice", then the case is closed in the court system. Without prejudice means that the party who filed the civil protection order can refile it at a later time; however, it is worth noting that most courts would want... View More
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