Colorado Family Legal Questions

Before you take any legal action, you should try to upload your DNA into one of the databases like 23 and me or ancestry.com and see if you get any DNA hits. He may have uploaded his profile into one of those services, and you may get an idea if he is your dad, even if his relatives have uploaded their profiles into the service database and you get a match.   ... Read Answer

If you are a US citizen, and your husband entered the country with permission, then you can sponsor him for a green card, despite that he has overstayed his visa.  If he entered the country illegally, then it becomes more complicated, but it still can be successfully processed. You should have a private phone conversation with an attorney to discuss the facts of your case. Some of us give free phone consultations.... Read Answer

Your question is one for a divorce lawyer / family law attorney.  That said, I do know that child support cannot be modified retroactively so if the circumstances have changed that will affect the amount of support being paid (it is a formula) then filing a motion to request it be modified is important to do as soon as possible.  The fact he did not have the courtesy to let you know the children were close by so you could see them is disturbing, BUT if the custody papers do not require him to let you know such things, he has legally done nothing wrong probably.... Read Answer

Why are you not represented? Who is the other lawyer, pro bono or private lawyer? You can subpoena his sources of income and etc. However, we do not have complete pro bono services but we do have a program for $50/month that provides access to Pro Se to have a family law specialist review the work and provide any insights and guidance on the case and walk you through the process, and help you communicate with the attorney and other officials. A lot of times parents that try to hide financial data to avoid paying a big child support amount will look for ways to cut corners and pay attorneys to bend the rules. Which is why it helps to get guidance from a lawyer.   Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in CO.... Read Answer

What does your husband say in regards to all this? Sounds like that this is more of a family counselling question than a legal case. But to answer your raised concerns about the law, you need to think about DIVORCE. If after so many years of marriage, and raising kids till age 21, you have lived in this Man HOUSE, he has provided for you for so many years, so now when the time comes to divorce and separate, by the law you are entitled to Alimony, the money (support) that he will continue to be paying you for the time and years you have been with him. You were never working so he will still continue to support you. As far as the house is concerned, I would assume its 50/50 but don't quote me on it. Because if he is the one that made all the payments, he might not want to give you a share since he made all financial commitments towards the house. But as far as your years spent in the house, looking after the house, and its maintenance you do have an interest and attachment towards the house. This is what your lawyer will and should use to get you at least a 40/60 deal. As far as your kid's behaviour is concerned, YOU NEED TO WORK WITH THE FATHER to put a stop to this behaviour. Throw them out of the house as the mother, you have to teach them to respect you. Call my office we can discuss more in detail if you like. 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 Answer

Common law marriage can be complex.  If you filed taxes as "married" and were not, then the government could come after you for tax fraud.  I have an article on my blog that addresses common law marriage.  Here is the link to it: http://www.kellimalcolmlaw.com/common-law-marriage.html  ... Read Answer

Good morning, Thank you for your inquiry.  In short, it depends on whether the Parenting Plan you and the children's father entered into during your divorce prohibited either party from leaving Colorado without the other party's consent or without a court order.  You will want to review the Parenting Plan and all the Orders issued by the Court during your divorce. If any of this is unclear, or if you would like to discuss legal representation, please feel free to reach out to me. Have a lovely day, Genet T. Johnson, Esq. NOTICE: Exchanging messages with Genet T. Johnson, Esq. on Lawyers.com Ask a Lawyer does not create an attorney-client relationship with Genet T. Johnson and the law firm of Johnson Law Group, LLC, nor does doing so impose any obligations on Johnson Law Group, LLC to treat any information you send as confidential.  No attorney-client relationship is formed until you and Johnson Law Group, LLC have signed an Engagement Agreement setting for the terms and conditions of representation.... Read Answer

Hi Brenda, Thank you for your inquiry.  It would depend on whether you have a court order granting you grandparent visitation and telephone contact.  To get that court order, you would need to have filed a case requesting grandparent visitation, and the court must have granted your request.  Note that one of several possible conditions need to be in place for a party to be able to file this type of case (not every grandparent has the standing to file this type of case).  Meanwhile, if you have not already done so, it would be prudent to ask your grandson's parents to set up a telephone schedule.  If you all are able to come to an agreement on phone calls, then that would take away the need to involve the courts. If you are considering filing for grandparent visitation, or if you would like to discuss legal representation, feel free to reach out to me. Have a nice day, Genet T. Johnson, Esq. Johnson Law Group, LLC NOTICE: Exchanging messages with Genet T. Johnson, Esq. on Lawyers.com Ask a Lawyer does not create an attorney-client relationship with the law firm of Johnson Law Group, LLC, nor does doing so impose any obligations on Johnson Law Group, LLC to treat any information you send me as confidential.  No attorney-client relationship is formed until you and Johnson Law Group, LLC have signed an Engagement Agreement setting for the terms and conditions of representation.... Read Answer

THis makes no sense to me, but probably becuase some critical information is missing.  In what type of proceeding did you "lose" your daughter?  Was it a custody case with the other parent, a child prtotection case filed by a governmental agency such as your state or county health and welfare department, or some other type of case?  If it was a child protection case, did your child end up in foster care, or were your parental rights terminated?   Did you hire the first attorney, or was a public defender appointed to represent you? What did the final order of the trial court say, and when was it entered?  When were the appeals?  Did you receive copies of the decisions in each of the appeal cases? The only situation in which what you say might make some sense if if you were represented by a public defender in a child protection case and the only issues that were legally appealable had to do with pure questions of law; but even then, your attorney should have been consulting with you at each step of the proceeding.... Read Answer

Your fear is well founded. A party can gain a strategic advantage by filing first, and asking for an "Ex-Parte" Order regarding custody and child support at the very beginning of the case.? Ex-Parte means only one party is present asking the court for a temporary Order, as opposed to a hearing where both parties are present to argue the terms of an Order, before the Court decides the terms of an Order. An Ex-Parte Order is a temporary Order of the Court, and therefore must be followed and complied with unless and until there is a further, subsequent Order. To get an Ex-Parte Order changed, the other side has to file a written objection and there is a hearing, where both sides are present and the court decides. Another argument in favor of early filing is, you can always withdraw the pleading at any time up to a final court hearing, if there is reconciliation. The down side to that strategy is the filing party generally have to absorb filing and other expenses. An argument for waiting is that filing generally inflames the situation and may make what was reconcilable, irreconcilable.... Read Answer

Filing first does not provide any substantive benefits to the party who files. By filing first, your husband will need to pay the court filing fee. He will need to have the papers served on you (given to you). You will have the opportunity to respond the the relief that your husband has requested. You then can negotiate a settlement; attend mediation to settle the issues; or schedule a hearing with the court to submit the disputed issues to the judge for resolution at a trial. A bigger factor in determining temporary custody would be which parent has been caring for the child(ren). You mentioned that you were living with a sister while working and attending school. If you have physical custody of the child or children, it is likely that the court would allow you to keep temporary custody. Another factor would be what type of parenting arrangement you have been following with your husband. If you are sharing time with the child, and if there have not been problems, the court is more likely to order that arrangement to continue on a temporary basis.... Read Answer

The state will depend on where the order for parenting time was issued. If the order is out of Colorado, then you almost surely will need to file a motion to modify parenting time (and child support) here. If it was in Idaho, you may be able to file there. If it was another state (and the child has been living in Colorado for more than 180 days), it likely will be Colorado (but will be more complicated, as you will have to register the order here first). As to your daughter's wishes, I'd first file a motion to interview the child (which is done in the judge's chambers, not open court). Some judges will interview a 14 year old, some will not. If the motion to interview is denied, the least expensive way to have the child's wishes heard is to file a motion to appoint a child and family investigator ("CFI"). A CFI will interview you (likely via Skype), the father and the child and make a recommendation to the court, which the court usually puts a lot of weight on. A CFI costs $2,000 - usually split by the parties. I hope this helps. Please feel free to contact me if I can be of further assistance.    ... Read Answer

Contact an Attorney immediately. In the sum of the vehicle was a crime scene and impounded by the police and you were not responsible for the matter, then the police should cover the costs of impoundment and the vehicle should be released to you. If they are now trying to hit you up for the costs contact an Attorney. Actions to resolve impoundment issues are heard in the District Court. The Michigan Motor Vehicle Code governs impoundment of vehicles. 257.252a, b, c, d, and f, Abandoned vehicle; presumption of responsibility; violation; penalty; "abandoned vehicle" defined; duties of the police agency; contest by the owner; hearing; request; fee; towing and storage charges; obtaining release of the vehicle; public sale; inability to determine ownership of abandoned vehicle; entry into the law enforcement information network., et Esq.... Read Answer

Hanan, You should disclose all assets that you own as well as anything that may be joint. If your accounts are joint they should se listed and checked as well as vehicles. This is your sworn financial so you want an accurate representation of your financials. He must also fill out a sworn financials with his assets and any joint assets and then send you a copy. If you believe his financials to be inaccurate that is something you may bring to the courts attention.... Read Answer

I am not aware of any recent changes to the guardianship laws with respect to appointing a guardian under a will. If there are family members that you do not want involved in the children's lives in some respect or another, I would recommend stating that in the will. You also want to consider nominating a conservator (and trustee) for the children. Perhaps as important as the guardian, is setting up a trust for the kids if there are significant assets, as if there is not a trust, the children are given access to the assets when the turn 18, which is a recipe for disaster. You also should be preparing powers of attorney in case of incapacity, if you do not have them. While it may seem simple to fill out a form will on-line and there are situations where it is appropriate, when you are talking about your children's guardians and you are already concerned about the reaction of family members to not being appointed, I'd consider hiring an attorney to assist you. For example, I charge $750 for a complete estate plan for a couple, including a will with a trust for the children, medical and financial powers of attorney, living will, funeral instructions and personal property memorandum. As a parent of young children myself, I think it is a pretty small investment given the consequences of not getting it right. I hope this helps. ... Read Answer

From your information your son's aunt does not have legal custody that you cannot revoke at will. Getting your son back without police or court involvement will require the aunt to cooperate; if she ignores your revocation there isn't much you can do except involve the police and/or the courts.... Read Answer

You can file (or threaten to file) a motion to compel or contempt of court and have the court order him to comply with the order. Hope this helps. You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.... Read Answer

You can file a motion to compel re: the items he has not disclosed. You also, in the same motion, could object to his disclosures with respect to the gift money, which should at least be disclosed as separate property. If he makes a lot more than you, you can ask the court that he pay for an attorney so you both can have an attorney, as state law allows the courts to order payment of attorney fees. You really should speak more in detail with an attorney since so much is at stake in the cases and you are at a big disadvantage not having an attorney. Hope this helps.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.... Read Answer

He cannot keep you from a public place unless there is a no contact order or restraining order that bars you from being there. However, if you are in the midst of the divorce and it is creating conflict in front of the kids, you should think about if he could use that against you in the case (i.e., would it be worth staying away until the divorce is done or you could perhaps try to get an agreement about it, like you each stay on one side of the field/court/whatever. Hope this helps. You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Responding to your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.... Read Answer

The main part of any answer to your question depends on where the parents divorce case is handled. (or, if they are not married, where the custody case is handled). If the case is in Colorado, grandparents have limited rights to intervene and request judicially enforceable visitation rights. But, there are no set rules for what is or is not "reasonable" visitation. The grandparents will have the burden of establishing that overriding parental decision making is in the child's best interests.... Read Answer