Colorado Child Custody Legal Questions

Out of state cases are really nerve wrecking and complicated. As long as you and him both agrees to forego your parental rights, and the fiance is up for taking over as an adoptive parent, they can start the process and pay the court-litigation fees. Once they file their paperwork in court, you will be served, and you can either respond to it, contesting it or you can agree to it, and sign it off. It is better to go over your rights and options with an attorney before you sign or decide anything. If you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

Grandparents do have rights. They might not be able to win full custody but they can obtain visitation and guardianship if you defaults. Also if they get a competent and aggressive attorney might be able to turn tables upside down like we do to win cases. They are grandparents give them visitation to secure a chunky piece of custody. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 Ahsan Syed, Case Manager. ... Read More

Hey Brandi, sorry to hear what you went through and no it's not too late. It is never to late. Well, I always tell my consults, that if you decide to go with a free lawyer, just keep in mind that they do not have a personal interest in you or your case. They are using your case as a learning experience and to get paid from non-profits or court. That's just how it is. I would advise you to hire a lawyer, even if you have to save money for it. You don't have to hire us lol But yes, we can certainly assist you and we do travel for complex cases like yours to make a difference in people lives. Feel free to give us a call for a free consultation. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in CO.... Read More

What is your relationship with the child, and you should contact and hire an attorney to assist you as this pertains to the welfare of the child? If its excessive abuse, 911 should be called and addressed if its an emergency. Talk to a lawyer. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

In a litigation matter, attorneys do not like to work with non-attorneys and even most judges don't like working with prose. But nobody said you can't represent yourself. Things happen and we have to stand up for our own rights. So congrats for taking the initiative to representing yourself as it is a daunting burdensome job. The other attorney doesn't really have to answer or attend to you unless required by the court. You should contact the court clerk office to check the status of the case. And see what is the current status of the case. And based on that information you can see where you currently stand and how to move forward. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details. If you can not afford a private attorney, you may be eligible for a Pro Bono lawyer provided by some courts and if not, feel free to ask about our affordable payment plans.... Read More

You are not in the wrong for doing what is in the best interest of the child. The child is currently with you and if there is no custody order in place, you should consider filing one now so that she doesn't take him away without a court battle.    Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

You've left much quite a bit of pertinent information out, so fmy answer assuems: 1- The children are with you currently; 2- Your current child custody orders are silent on the subject (be sure to check for any supplemental orders issued by the court at the time of your divorce decree or other custody orders.  Also if your current custody orders were the result of a chilld custody modification, check to see whether they include a provision stating that any original custody orders that aren't inconsistent with the new orders remain in effect, or words to that effect.  If so, check all original orders for any requirement that a parent keep the other informed of all change of addresses.) 3- Your former spouse has moved WITHIN the same city/town where you all live. Of course, you could hire a private investigator to help locate him.  If he's moved within your city/town, it shouldn't be that hard to locate his residence. You might also contact local law enforcement , explain the situation, and ask them to be present at the next parenting exchange so that you can ask him iwhere he lives n their presence, since there's at least a potential threat of harm to the children, depending upon the condition of his new residence. failing those options, if you withhold the children from him, you risk a contempt of court charge, with it's attendant penalties (possibly jail and fines).  While you might not be found guilty of contempt, you would still end up in Court, having to defend your actions.  You should really seek advice from a family law attorney in your area. It's possible you could move for emergency orders ( which can be issued quickly IF the court finds the children are at risk, but it's not an easy thing to accomplish without the help of an attorney.  Good luck! ... Read More

The legal name you give your child at birth will have no bearing on such issues as custody or child support. You may give your child the father's last name without fear that it will have any repercussions on you or the child in court at a later time. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship. Joseph F. Botelho, Esq. BOTELHO LAW GROUPAttorneys At Law 901 Eastern Ave. Unit 2Fall River, MA 02723 Office: 888-269-0688FAX: 877-475-8147 http://massachusettslawyeronline.com/ ¿#‎child¿, ¿#‎support¿, ¿#‎custody¿, ¿#‎divorce¿, ¿#‎lawyer¿, ¿#‎attorney¿, ¿#‎separation¿,¿#‎family¿, ¿#‎probate¿, #alimony  ... Read More

You cannot get retroactive support, but you could file a motion to modify future support and it would be retroactive to the date you file to modify. He would likely be ordered to pay your attorney fees as well and you should get help with someone making that much since its a lot more complicated. We talk cases like this if you want to call us. I hope this helps.... Read More

If you would like a free consultation, please give my office a call, and I would be happy to speak with you. I can not give out legal advice, without knowing who I am giving to, without risking a conflict of interest. Direct contact eliminates this issue. Here is some "Legal Information? (not advice) that may be helpful. These are some of the most common ?post-decree? actions that parents take to enforce or modify prior parenting time orders/agreements. 1) Motion to Modify. Parenting Orders are always modifiable - circumstances change, needs change, children mature, etc. A good faith commitment made by one parent three years ago may have been a good idea three years ago; and it may be a bad idea now. Changes to a 50/50 schedule, even significant ones, will be based upon the best interests of the child. 2) Existing Parenting Orders can be enforced. Enforcement motions are also subject to a best interests analysis. Non-compliance can result in sanctions - however, making such a motion opens the door to modification. 3) Education Decision Making Disputes can be brought to the Court when the parents, through the process of joint decision making, can't make a joint decision. Again, the Court will be focusing on what is best for the child. Please note, the Court will not simply enforce a particular decision because one of the parents "wants it or feels like he/she is entitled to a result because he/she was promised. There are some very cost effective ways of addressing problems like the ones you have described.... Read More

If you don't agree to modify what is on the judgment, you have the right to make him stick to the judgment. If he refuses, you can file a rule for contempt with the court that granted you the visitation. The judge can fine or imprison him for failing to comply with the judgment, in addition to granting you attorney fees for the necessity of filing the rule.... Read More

You can ask for a temporary parenting time hearing or, better yet, submit your custody agreement to the court as a stipulation (signed and notarized by both of you) and ask that the court enter it as an temporary parenting time order of the court that is then enforceable by the court. ... Read More

If this is a filing for initial allocation of parental responsibilities, you have to serve the other person personally or get court permission to serve by publication or mail. If this is a modificaiton of an existing order, you just have to mail the motion to modify to the other party. I hope this helps. ... Read More

As an FYI, it is hard to get sole custody if the other parent wants parenting time - our goal as attorneys is often to limit, rather than bar, parenting time, including things like supervised parenting time, drug or alocohol testing, etc. If you tell me what county you are in, I may be able to recommend some attorneys to you. ... Read More

You may have one or two options. If the parents have been divorced or there is some other court order regarding the child, you could petition for grandparents visitation rights. If what you want is "custody" of the child, and the child has been residing with you for the past six months (which may or may not be the case here), you can file a petition for allocation of parental responsibilities, under which the court will order parenting time for the child. Be aware that the parent's preferences are given a priority by the court. There are some tools we use to get the child's wishes heard by the court as well. The parties can also agree to have the child live with you. I offer a free 20 minute initial consultation if you would like to call me to discuss this further. I hope this helps. ... Read More

As a parent, I greatly respect your efforts here. If you would like to care for the child, you can file a petition for guardianship (the power of attorney ended when your friend passed away and is not relevant). To file in Colorado, the child would need to be present here when the petition is filed (i.e., the sister and great aunt would need to send the child here), otherwise you will need to file in the other state in the county where the child is residing. There are quite a lot of hoops to jump through, and the assistance of an attorney can be quite helpful in these cases. I hope this helps. ... Read More