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April D Jones

April Jones’s Answers

100 total


  • My exwife shares and bed and or bedroom with my son, is that enough to have him placed in my custody?

    I have custody of our oldest son, and youngest is the one living ang sharing a room with my ex-wife. She has moved 6 times in less than a year 2 were evictions.

    April’s Answer

    It depends. The answer to your question is more complex than a yes or no. The court will look at all of the factors that you have listed and more in determining a parenting plan that is in your children's best interest. Why did the court order you each have 1 child? How old is your youngest? How is he faring emotionally, physically, socially, academically... There are many areas to analyze here. Call me or another experienced attorney to discuss right away.

    Best,
    April J

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  • Gay friend married a woman so she can get US documentation but now wants to annul the married before she gets the paperwork.

    She has lived here in the US for over 30 years. She came from the UK under a different name when she was 14. She got married changed her last name but never accepted to change the name from the UK. She got a divorce 15 or so years ago. But is havi...

    April’s Answer

    She should speak with an experienced immigration attorney immediately. You should repost this AVVO question to an immigration attorney.

    Best
    April Jones
    www. AprilJonesLaw.com

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  • Would i keep the house in the divorce?

    I bought the house a year or two before we met and were married. I was wondering is there even a chance he could be able to take it from me when I paid for it in full before him and I were even married. The title is only in my name.

    April’s Answer

    The house remains your separate property however any increase in value from the date of marriage to present is marital property. So if your house is worth more now than it was on your wedding day, the increased amount is marital property. If you have other marital property to divide you can potentially offset what you owe each other. Colorado is an equity state not a community property state. You should speak to me or another experienced divorce attorney to understand your position legally.

    Best,
    April Jones
    Jones Law Firm PC
    www. AprilJonesLaw.com

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  • Is it legal for my wife to keep her income and not help with paying the bills?

    We are still married and living in the same household with our high school aged child.

    April’s Answer

    It is not illegal. If you have not filed for divorce the court has no jurisdiction over you and cannot tell you or your wife what to do. How a couple manages their financial affairs is that couples business unless and untl the court obtains jurisdiction over them.

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  • Can my mother-in-law charge me for rent? Does she have the right to start charging me for past & future months?

    I live in Colorado. My wife and I are currently having marital problems. We live with my mother-in-law, we don't pay rent, just help out with some of the groceries & utilities. There was NO verbal agreement or paperwork signed. Just recently, she ...

    April’s Answer

    Yes she can ask you to pay future rent or move out. However she is not entitled to past rent since that was not required in the past.

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  • I had my final decree of my divorce and legal separation but the date of marriage was stated wrong .

    I been divorced for 2 years and when i read my legal separation recently it was was off a year. Id my divorce still valid or not? Can i go to court and make changes on the decree? Thanks

    April’s Answer

    Your divorce is still valid. If you want to have your decree amended you can have the court make the correction. Try calling the clerk and letting him or her know. Perhaps they can facilitate getting the typo corrected more readily.
    Best
    April Jones
    Www. AprilJonesLaw.com

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  • I need to file for full custody and remove my oldest sons father parental rights.

    My son and I have lived in CO for almost 2 years. His father has made no attempt at contact in over a year. His father is in CA and was just arrested on his 3rd strike violent felony

    April’s Answer

    What state are your court orders from, California or Colorado? If California, you will need to register your court orders here in Co and then file a motion to modify seeking sole decision making and limiting or extinguishing fathers parenting time depending on the facts of your case. In Co you will not be able to terminate his rights on the facts as stated. You can consider a step parent. Adoption if applicable under your facts.

    Call me or another experienced family law attorney right away.

    Best
    April Jones
    www.apriljoneslaw.com

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  • Is it kidnapping for a mother with a restraining order against the father to leave the statewith the child?

    They would go to the childs grandmothers house and the father would be aware of it but has asked the mother not to leave the state. The restraining order was served today and the trial has not yet happened.

    April’s Answer

    It depends on what your court orders say, if you in fact have court orders. If you do not have court orders you are not restrained from going anywhere, however, the child's father can file for a divorce (if married) or for an allocation of parental responsibility ( if you are not married) and the court can demand that you return the child to the state of Colorado. You can of course petition the court to allow you to relocate outside of CO once the court has jurisdiction over you. You should speak to an attorney right away as the particular details of your individual case can affect the legal analysis and outcome. Contact myself or another experienced family law attorney right away.

    Good Luck,
    April D. Jones
    Attorney with over 20 years experience

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  • If my husband is stationed in Texas but we own a house in Colorado, what state would I have to file legal separation papers in?

    My husband has been stationed at Fort Hood for 3 months now and I just moved here a two weeks ago but we own a home in Colorado. Which state would i file legal separation papers with?

    April’s Answer

    I agree with my colleague, you should consult a family law attorney in both Colorado and Texas to determine the best course of action. Good Luck.

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  • How can I get divorce if my husband lives in another country?

    My husband and I got married on July 2009 in California, we were together in the US for 3 months. He went back to Mexico and I went with him, we were together for another 3 months, things were not working well so I decided to come back to the US. ...

    April’s Answer

    I agree with the advice of my colleague. You will need to serve him by publication. There are forms and instructions on the Colorado court website that you can refer to or find an attorney to handle the matter for you.

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