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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Colorado on
Q: My ex listed the wrong name of our child and the judge invoked jurisdiction based on the residence of child listed.
Christopher N. Little
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Christopher N. Little
answered on May 14, 2024

Good Afternoon,

From the substance of your question, it looks like you are involved in a legal proceeding concerning your child. Issues related to jurisdiction concerning children are often nuanced. I suggest that you consult with an attorney in the state where the case is at now in order...
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1 Answer | Asked in Immigration Law and Appeals / Appellate Law for Colorado on
Q: What’s next on my AOS case from uscis? Does USCIS know that I have requested prosecutorial discretion?

Hello, I have filled AOS (I-485, I-130, I-131) on July 2022 with USCIS. USCIS denied I-131 due to pending removal proceedings ( pending removal case has not yet calendar for master calendar hearing). Applicant is in removal proceedings since 2020 due to not maintaining F1 status( we have requested... View More

James L. Arrasmith
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answered on May 13, 2024

Your case appears to be in a complex stage due to the combination of your adjustment of status (AOS) application and ongoing removal proceedings. Since your I-485 is awaiting final review, it's likely that USCIS is coordinating with the Executive Office for Immigration Review (EOIR) and ICE to... View More

2 Answers | Asked in Civil Rights, Constitutional Law and Health Care Law for Colorado on
Q: I have been denied my right to see a M.D six different times and not helped with my reasons for going to the Emergency R

I was told by a PAC that a M.D and a PAC are the same. And forced to leave the Emergency Room in worse condition than when I walked in.

Tim Akpinar
Tim Akpinar
answered on May 13, 2024

A Colorado attorney could advise best, but your question remains open for two weeks. A starting point could be to contact the hospital's administrative offices and to explain your situation. Additionally, because of the patient load on MDs, hospitals do have their protocols for which health... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Health Care Law for Colorado on
Q: I have been denied my right to see a M.D six different times and not helped with my reasons for going to the Emergency R

I was told by a PAC that a M.D and a PAC are the same. And forced to leave the Emergency Room in worse condition than when I walked in.

James L. Arrasmith
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answered on Jun 2, 2024

You should document each instance where you were denied the right to see an M.D. and the specific reasons for your emergency room visits. Keep a detailed record of dates, times, names of the healthcare providers involved, and the nature of your complaints and treatments received. This documentation... View More

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1 Answer | Asked in Real Estate Law and Probate for Colorado on
Q: What are Colorado laws regarding inheriting property held as tenants in common?

First owner died, has one living son. Second owner died with no descendants but has sister and brother.

Michael Joseph Larranaga
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answered on May 11, 2024

Typically, if no will exists then the state’s intestacy statute would govern. If you have questions you should contact an attorney.

You will most likely need to open probate and resolve any property issues that way. For Tenants In Common, ownership typically passes without regard to the...
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1 Answer | Asked in Construction Law for Colorado on
Q: How can I get a company that did not properly complete a job to pay for someone else to do it ?

I contracted with a licensed company to repair and seal foundation cracks, insulate and encapsulate the crawl space of my home. They did seal a couple of cracks, but ignored others, they insulated the walls but not the rim joists. The plastic wasn't properly sealed and is coming apart in... View More

John Michael Frick
John Michael Frick
answered on May 8, 2024

This is exactly what your retainage is for. You can contract with the new company directly to complete the job, pay the new company, then give the old company notice that you are deducting the amount of that payment from your retainage. But, if the amount you pay the new contractor is less than... View More

1 Answer | Asked in Civil Litigation and Contracts for Colorado on
Q: Are terms from an unsigned contract enforceable?

Customer placed an order for custom goods per a proposal delivered via email. Customer submitted deposit through electronic invoice. Customer cancelled the order a month later. I was able to stop production and instead of keeping all deposit monies, I promised a partial refund. I have not yet paid... View More

John Michael Frick
John Michael Frick
answered on May 8, 2024

Under the Uniform Commercial Code, if a customer contracts with a merchant to make a special order and the goods cannot be completed a resold in a commercially reasonable manner, you should be entitled to your profit (including reasonable overhead) together with incidental damages, due allowance... View More

1 Answer | Asked in Business Law for Colorado on
Q: LLC dissolution

My partner is threatening to forcibly dissolve our LLC claiming I am not managing the short term rental correctly, which is not true.

D. Mathew Blackburn
D. Mathew Blackburn
answered on May 8, 2024

The first step would be to review the operating agreement and determine what if any provisions would apply. USe this information to attempt to settle the issue or proceed with a buy-out.

If you can't come to an agreed-upon resolution the next step would be filing a lawsuit to remove...
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1 Answer | Asked in Probate for Colorado on
Q: My sister's Probate attorney is not responding to my requests for information on estate--what recourse do I have?
John Michael Frick
John Michael Frick
answered on May 6, 2024

Because your sister's probate attorney represents her--not you--you shouldn't expect that attorney to respond to requests from you for information about the estate. Talk directly to your sister. If she refuses to provide you with information, hire your own probate attorney to represent you.

1 Answer | Asked in Family Law and Health Care Law for Colorado on
Q: Health Care Power of attorney liability to the POA

I am the health care and financial power of attorney for my 87 year old father. He lives in the mountains in Colorado by himself and does not drive anymore. I have tried to convince him to move to a senior care facility but he doesn't think he needs it yet. He occasionally gets confused about... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

No. As the attorney in fact named in the POA, your fiduciary duty is to follow the instructions of your 87 year old father.

If your father gets to a point where he is mentally incompetent to make decisions for himself, you or another relative could apply to be appointed as your...
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2 Answers | Asked in Real Estate Law for Colorado on
Q: Seller middle initial missing on Colorado deed

Hello, I purchased a vacant land property in Colorado (Park County) in 2016. The seller and I closed without a title company and recorded a deed in my name. I am now trying to sell the property via a title company. The title company now says that the deed that was recorded to me is missing the... View More

Vincent Gallo
Vincent Gallo
answered on May 5, 2024

You should first consider asking the new title agency since they will be the first gatekeeper as to what they will, or will not accept.

Your situation proves the point that nothing is a problem until it’s a problem which is precisely why having an attorney and a title company involved in...
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1 Answer | Asked in Education Law, Civil Rights and Constitutional Law for Colorado on
Q: can you share your political views in your classroom if you're a teacher in colorado

I have a political sign in my classroom and want to know if they can make me take it down.

Michael Joseph Larranaga
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answered on May 3, 2024

Aw, the question of does the 1st amendment apply in a classroom. The answer is that it depends. Private schools have no obligation to allow free speech. The 1st amendment only applies to government actors. Now some schools will permit such speech because it is good for the learning environment.... View More

1 Answer | Asked in Landlord - Tenant for Colorado on
Q: Can the landlord legally install video cameras inside my restaurant and monitor my activities?

Now lease agreement does not specifically addressed this issue.

Michael Joseph Larranaga
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answered on May 3, 2024

That is rather odd. Some leases provide for the Landlord to handle security but video cameras interfering with the operation of the business may be an issue. You may want to contact an attorney.

This could be a breach of quiet enjoyment or the implied covenant of good faith. I have never...
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1 Answer | Asked in Consumer Law and Contracts for Colorado on
Q: I hired a shop to restore a classic Mustang - they have been paid 120K and won't finish the job? What is my recourse?

With the last payment of 10 K, I told the shop owner that this is the last check, that if there is any balance, I would pay that when I pick the car up Originally, the owner of this shop told me the restoration would be between 70k and 100k- Were now over 135k (i've paid for parts) I... View More

Michael Joseph Larranaga
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answered on May 3, 2024

Reach out to an attorney. Unfortunately, car shops are not famous for their use of clear service contracts. If you agreed upon a price you may be able to enforce it. More likely, you agreed to pay an hourly rate. Either way, you may need to consider taking the car back and taking it somewhere else.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Colorado on
Q: Good morning,

I am recently divorced (1+ year) and share two children with my ex. We share split custody of our two children with no child support nor alimony. With this, my ex has continued to be verbally, mentally and emotionally abusive towards me and I am interested in determining what options I might have.

Cindy Perusse
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Cindy Perusse
answered on May 2, 2024

Abusive to you or the kids? There are ways to limit contact or have contact monitored through platforms such as Our Family Wizard or Talking Parents. If the abuse you state relates to the children then you may consider a motion to modify parenting time. But, you will need to document and prove... View More

3 Answers | Asked in Bankruptcy for Colorado on
Q: Filing Chap 7 Pro Se. Trustee asked for Divorce decree

I am filing Pro Se as i sincerely do not have the funds for a lawyer, i sent in my paperwork and the trustee asked for my divorce decree, no problem! I am looking through it to send and my ex husband had filled out the paperwork, and yes i signed it. In the section asking if there was any debt my... View More

James L. Arrasmith
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answered on May 1, 2024

It's completely understandable to feel overwhelmed in your situation, but you've made a proactive step by filing for bankruptcy. Regarding the divorce decree and the "no debt" answer, it's essential to clarify the circumstances to the trustee. The trustee's role is to... View More

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3 Answers | Asked in Bankruptcy for Colorado on
Q: Filing Chap 7 Pro Se. Trustee asked for Divorce decree

I am filing Pro Se as i sincerely do not have the funds for a lawyer, i sent in my paperwork and the trustee asked for my divorce decree, no problem! I am looking through it to send and my ex husband had filled out the paperwork, and yes i signed it. In the section asking if there was any debt my... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 30, 2024

First, relax.

The Official forms of every bankruptcy case are signed by you under penalty of perjury, a serious crime. By all means, tell the truth on Bankruptcy filings.

Please rethink your decision to proceed in bankruptcy without counsel. And know that however engaging the...
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3 Answers | Asked in Bankruptcy for Colorado on
Q: Filing Chap 7 Pro Se. Trustee asked for Divorce decree

I am filing Pro Se as i sincerely do not have the funds for a lawyer, i sent in my paperwork and the trustee asked for my divorce decree, no problem! I am looking through it to send and my ex husband had filled out the paperwork, and yes i signed it. In the section asking if there was any debt my... View More

Martha Warriner Jarrett
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answered on Apr 30, 2024

It is nothing to worry about. Just give the trustee the paperwork, go to your 341a and answer any questions that the trustee ask you. Trustees are interested in assets that are worth something if they are sold to pay creditors. They are not interested in your debts or what may or may not have been... View More

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1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Colorado on
Q: In Colorado, can a nurse stop life support on patient w/o family's consent legally?

The patient never made a will, nor had a POA. Her immediate family was involved throughout.

Stephen Johnston
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answered on Apr 29, 2024

Based on the information available, it appears that a nurse in Colorado cannot legally stop life support on a patient without the family's consent. The Colorado End-of-Life Options Act provides a path for terminally ill patients to receive aid-in-dying medication from their physicians, but it... View More

2 Answers | Asked in Stockbroker Fraud for Colorado on
Q: My wife and I invested our life savings with a financial planner. At high point our portfolio was near 440,000.

Today our portfolio is valued at 75,000. We are retired and this has greatly impacted our retirement. I can’t believe a planner would loose this staggering amount for a couple in retirement. I know there were risks but that is why we trusted a planner. Our record keeping has not... View More

Michael Joseph Larranaga
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answered on May 3, 2024

Stock trading is a risky business. That being said, financial planners typically are licensed and are subject to liability under a negligence standard. So if the financial planner was grossly negligent such as investing all your money into a single high-risk stock without telling you then they... View More

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