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Douglas A Thomas

Douglas Thomas’s Answers

309 total


  • Custody and relocation of our child...

    I'm planning to divorce my husband very soon. We have one child who is 6 years old. I'm not sure what the law is, but I really wish I could take our child to a different state. My husband has recently become more mentally and verbally abusive. At ...

    Douglas’s Answer

    Courts generally are not in favor of relocation. In many circumstances allowing you to relocate means the father may never be able to see the child again because of the costs and time for travel. If you leave the state and the father fights you, it would be very easy for the father to get a court order making you return the child to colorado pending further court review. Yes, vebal abuse makes it more likely you can relocate, but by no means is a guarantee. Here's a blog with more information. https://www.divorce-matters.com/divorce/denver-child-custody/relocation. Good luck and I hope things turn out well.

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  • Does the statute of limitations affect my child support situation?

    Ordered in 1990 by Boulder County (CO) court to pay child support. Daughter now 30 yrs. I live in Europe and I owe arrears. Am I still liable for payment given time-line? Will I have trouble re-entering the U.S. (U.S. passport)? Thank you.

    Douglas’s Answer

    Colorado has a 20 year statute of limitations for past due child support ordered by a judge. Normally, child support would terminate when your daughter reached age 19. Based on recent case law, the child support you owed between 1990 and 1995 would be barred by the statute of limitations. But the support between 1995 and 2004?? (guessing here when she turned 19) would still be enforceable with interest.

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  • Any possible legal help available-Family Law Nightmare

    My children were in an abusive homewith their father. Hired a lawyer to represent us (a counselor submitted a report that got the other party's parenting time suspended for 4 months). What my attorney has done for me:filed paperwork I specifically...

    Douglas’s Answer

    • Selected as best answer

    There are resources but they are difficult to find. Here is a start. Go to www.divorce-matters.com and in the lower left corner is a tab for "addition resources." Open the tab. There is a link for Metro Volunteer Lawyers, Colorado Legal services and Wildflower Women's Organization. Try all three of these organizations for help.

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  • How hard is it to move out of state with shared custody?

    My husband joined the military and I have two parenting plans that will need to be amended and the other parent is likely to contest. I have 365 overnights on one and 2/3 overnights on the other. What will the "battle" in court look like and what ...

    Douglas’s Answer

    There is really not enough information here to give a good answer. Courts generally do not like to permit a parent to move to another state and take the children with them. Here is a good blog about the rules for relocation. https://www.divorce-matters.com/divorce/denver-child-custody/relocation This blog should give you more insight into your chances.

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  • Are there legal repercussions for dating an ex-teacher?

    I started dating my teacher after high school when I was 18. His ex wife does not approve at all and is trying to find ways to punish him. Can he lose his job as a teacher over this? Are there any legal issues we could face?

    Douglas’s Answer

    • Selected as best answer

    It is not a crime for the teacher to have dated you as long as you were 18 or older at the time. If you were not even a student at the time, it seems he cannot be fired or face legal issues. It seems unlikely the school district would be able to take any action for a teacher dating a fomer student of legal age.

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  • My trial hearing isn't until Sept 9th, but I want to relocate out of state with my 15 yr old daughter who also wants to move.

    I'm finishing a degree that will allow me to get a better job in a matter of months but the jobs I need to apply for are out of state. Cost of living is getting so high I can't afford to provide the same life for my daughter on one income unless I...

    Douglas’s Answer

    Getting married to a person out of state will have no impact on your ability to relocate with your child. The court considers your right to relocate, the fathers right to see the child and the child's best interest. Here's a blog that goes into more detail about relocation.https://www.divorce-matters.com/divorce/denver-child-custody/relocation As too the underpayment of child support, there are ways an attorney or child support enforcement can help you with this. Colorado now allows attorneys to seek past due child support on a contingent or percentage basis. It may be worth your time to consult with an attorney on this. here is an article about this.https://www.divorce-matters.com/blog?view=entry&id=102 Good luck.

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  • What Colorado laws are being broken by posting nude photos of me on Facebook , that were taken in a private setting , and posted

    without my consent

    Douglas’s Answer

    Yes, it is 100% against the law. Colorado has a new law effective July 1, 2014. The law is called the "revenge porn law" and it is a crime to post naked pictures of a ex-lover on the internet without consent even if you consented to the photos in the first place. Here is a link to law week colorado describing the law. http://www.lawweekonline.com/2014/06/bill-criminalizing-revenge-porn-to-become-law-in-colorado-on-july-1/ next step should be to call the police.

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  • My daughter is getting bullied at school. I've contacted the principal a few times but things only have gotten worse.

    I need to know my daughter's rights. Is there anything legally i can do to keep these kids from jumping my kid while she's in school?

    Douglas’s Answer

    Yes, there is actually a law preventing bullying at school. The law only applies to public schools. The school has a duty to prevent bullying and to address your child's concerns. Its called the "Safe Schools Act." Here is a link to the law. http://www.whatifcolorado.com/scorm/courseFiles/COSchoolSafety/1044575/Colorado%20Safe%20Schools%20Act%20(CRS%2022-32-109.1,%20SB00-133)%20with%20subsequent%20amendments,%202012.pdf You should begin by asking the principal for a copy the "safe School Plan." Make this request by email or letter. I would also ask for the school's policies and procedures for dealing with bullying which by law they must have. Follow the procedure outlined in that plan.

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  • I have a two year old a week ago i have moved to michigan my sons father has never meet him and has only just started paying

    child support and he is two years old hes trying to file for split custody what are the chances of him actually getting it he lives in colorado and i moved here to Michigan about two weeks ago there is no existing case right now he is just getting...

    Douglas’s Answer

    The courts will focus on the best interest of the child, but generally the courts will award joint decision marking to both parents equally. Split custody is not your only concern. Court are nor inclined to let one parent take the child and leave the State to deprive the other parent of seeing the child. The courts know that if the child stays in Michigan, it will be very difficult for the farther to see the child often and thus deprive him of his rights. You should be concerned because a court may order that the child be returned to the father in Colorado. Here is a link about relocating. https://www.divorce-matters.com/denver-child-custody/relocation

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  • Do I get to stay in the house with my kids?

    Been with him for 21 years and married for 17 years with 2 kids under 12, never work before. Husband filed for divorce (in love with another woman) and wants me to have full custody of the kids. No joined bank accounts and he never give allowanc...

    Douglas’s Answer

    There is a great blog with right on point. Here is a link. https://www.divorce-matters.com/blog?view=entry&id=90 This blog has a diagram that will help you make good decisions about staying or leaving. Technically, if you both own the home, both would have the legally right to be in the home until temporary orders are entered in your divorce case. This usually happens fairly quickly in the divorce process. Hope this helps.

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