Tristan Kenyon Schultz's answer The Colorado marriage would only be valid if one or both parties of married couple were Colorado residents (permanently reside in Colorado for at least 91 days). If the residency requirement can be met in CO, the CO marriage can be transferred to NE (even though legal majority in NE is 19). An alternative to consider is Nevada, which still has the least restrictive residency requirements for marriage in the US (check to make sure you meet all the requirements in NV BEFORE you travel!)....
Stephen J. Plog's answer A child becomes an adult at age 18. From a family law standpoint, the parent is no longer legally obligated to let them stay in their home. If you all live in the same home, that will be an issue for you and the father to work out. In a technical, legal sense, the father might have to go through formal eviction proceedings.
Mr. H. Michael Steinberg's answer The case will be filed in Juvenile Court - and most likely - if the injuries were not serious - the juvenile will be offered a diversion program which is a kind of probation that ends with a dismissal of the case following anger management classes etc.
Tristan Kenyon Schultz's answer As far as statutory rape goes, you are correct that at 17 inability to consent (due to age) is waived. With the 2 year age gap, there would also be additional safe harbor provisions related to statutory rape in Colorado.
Statutory rape is not the only issue. Parents have been known to encourage their children to say that consent was not granted (even if it may have been at the time).
Tristan Kenyon Schultz's answer Statutory rape only applies to minors. At 18 a person who is not disablabled is legally an adult in Colorado. Note, normal rape rules (i.e. consent) apply regardless of age.
Tristan Kenyon Schultz's answer Colorado does not allow private motions for emancipation. Only CPS (Child Protective Services) can petition (with consent of the minor) for emancipation if the child is living in a group home.
Tristan Kenyon Schultz's answer Only Child Protective Services can file for an emancipation order. In other words, Colorado does not allow civil emancipation requests unless the child is in a group home setting.
The Social Security Card and birth certificate ownership are something of a grey area. These documents are the property of the 17 year old, but parents can retain legal documents for a minor. The grey area relates to when the minor and the parents have a conflict.
Tristan Kenyon Schultz's answer Technically, the 17 year old is still a minor. However, getting police or state involvement if the minor leaves may not occur due to the very short period in which the child is still a minor.
Tristan Kenyon Schultz's answer There is nothing illegal in dating a minor. There are potential risks with having sex with a minor (i.e. statutory rape). However, in Colorado statutory rape ends at 17 years old. Note, consent to sex (or lack thereof) is not age related.
Tristan Kenyon Schultz's answer Yes, the police can temporary remove items to prevent communication between suspects. Technically, consent is required (unless you were charged), but consent can be inferred by the act of surrendering the phone and/or continuing to talk.
The phone must be returned (undamaged) and you always have the option of closing-down the interview.
Tristan Kenyon Schultz's answer A child must be at least 10 years old at the time the crime(s) were committed for Juvenile Court to have jurisdiction (power) over the minor. For children under 10, there are other potential claims (most not criminal) that can be raised against the child and/or the caregivers.
If this is a private motion (without state involvement), you will need to hire a lawyer to handle the case in Colorado. Two of the biggest reasons why this is not a matter that can be handled pro se (w/o an attorney) is that you will need court approval to remove the children from the parents (which is not an easy process) and you will need court approval for the children to leave the state. Unless this is...
Tristan Kenyon Schultz's answer Private property, even if wholly funding by the government, can lawfully restrict use/actions of any "visitor" with or withhold cause for any reason. Note this is very broad (hence why some court clubs in the south still lawfully restrict African-Americans and other groups from use and membership).
For government property, certain 1st Amendment free speech rights, etc. apply in "public use" areas. In that case, you are correct the "negative" Establishment Clause prevents the government...
Stephen J. Plog's answer Not sure if you have a custody case or a case in which the Department of Human Services is involved. It should like a DHS case when the word "placement" is used. With a DHS case you should talk to your attorney. If a custody case, your remedy would be to file a motion with the court raising your safety concerns.
Tristan Kenyon Schultz's answer I understand your concerns about minors having sex (not a good idea...), but statutory rape should not apply based on the facts your provided above.
The age of consent in Colorado is 17, however, there is an age waiver (aka Romeo and Juliet law). If the youngest person is under 15 the age gap can be no greater than 4 years. If the youngest person is at least 15, the age gap can be 10 years. In either case, if the age gap is met statutory rape cannot apply (aka sexual assault in...
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.