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Emily Therese Roberts

Emily Roberts’s Answers

37 total

  • My wife took our son outside the parenting time while she was visiting Colorado and him. More info down below.

    During last year I had moved to Colorado after we created a parental agreement. My son came to stay with me for 9 months out of the year. I had filed and she had continuously asked if I filed for divorce. I had to wait 6 months to file. She paid f...

    Emily’s Answer

    I concur. Continuing in the litigation process and court system isn't necessarily in your best interests or your son's. At some point all litigation must come to an end.

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  • What are my rights?

    I currently live in needles, California , my ex girlfriend whom I have a child with lives in pueblo, co. We ended our relationship 2 years ago and she moved to pueblo, co with our daughter. No papers for custody or child support have ever been fil...

    Emily’s Answer

    I concur with Mr. Deasy and Mr. Littman.

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  • How do I ask a Judge to grant me Foster parent in a Custody Case?

    My goddaughter is being abused/neglected, I intervened into the case. The Grandmother has started a case to get custody of the child, however she doesn't particularly have a great home. I intervened into the case to fight for custody of the baby. ...

    Emily’s Answer

    It sounds like your goddaughter is involved in a dependency and neglect matter. These matters are very complicated and require the expertise of an experienced attorney. Given the complex nature of these cases, there is a lot of information that I would need in order to provide you with a thorough answer, which is difficult on this type of forum. You should contact an attorney in your area to discuss this matter in order to be informed about your rights and options.

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  • The judge in my case just allowed the relocation of my son with his father. Ho do I file an appeal?

    There are many inaccuracies in the court order and I believe they need corrected. I cannot afford an attorney and wonder if there is any way I could have a probono layer do this or help do this.

    Emily’s Answer

    Most counties have resource centers for people without an attorney. In addition, if you contact the Court in your county, they probably can point you in the direction of any legal services that you may qualify for. There are resources here in the Denver Metro area, Metro Volunteer Lawyers - who also may be able to give you contact information for legal services in your area that are offered at a free or reduced rate. In addition, appeals are complicated and have very strict deadlines that must be followed. So you need to act quickly in order to make sure that you are working within those deadlines.

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  • International aspect to divorce - Alimony treaties

    Hello - My wife and I are going through a divorce. I am not a US citizen and have a job possibility in New Zealand and in France. In New Zealand, alimony is not tax deductible usually, but if my ex-wife is paying tax in the US on her alimony incom...

    Emily’s Answer

    I agree with Mr. Littman. You have a very complicated and complex question that involves not only issues of family law, but immigration, and international law. It sounds like your divorce case is currently pending. If you are not represented by an attorney, I strongly urge you to seek the advice of counsel immediately. Divorce cases are complex in and of themselves, but you are adding a whole new level to the complication with the additional factors in your case. There are many good family law attorneys that have experience in immigration and other areas that you are asking about. You should act sooner than later.

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  • If a Guardian ad Litem sent me a letter that I'm required to...

    If a Guardian ad Litem sent me a letter stating that I'm "required" to show up for a 2 day court hearing that is signed by the town clerk, am I required to go? I was told by a few people that a subpoena is required for me to need to be there, not...

    Emily’s Answer

    I concur with Mr. Harkness and Mr. Littman. Sounds like an important matter since a GAL has been appointed. Best to know what your obligations and rights are before this hearing date. I would urge you to speak with an attorney.

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  • Family Law.Do I have enough evidence to file a motion requesting u.a.'s?And will the evidence result in courts notifying S.S.

    The mother of my son was hospitalized due to a severe asthma attack.She spent five days in I.C.U. inside an incubator doing 80% of her breathing.In the results she tested positive for marijuana.The doctors found no other cause for the attack.The d...

    Emily’s Answer

    As my colleagues stated, you have a very involved and complicated fact pattern that likely has much more information that must be provided before an attorney can give you any advice on how to proceed. You should strongly consider speaking with an attorney regarding your case.

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  • Can I move out of state without going to court??

    My divorce decree states that I get to determine our child's permanent residence, regardless of geographic location and nowhere in the document does it state that neither of us can move.

    Emily’s Answer

    I agree with Mr. Smith, the wording is very important. However, what you don't want is to simply move out of state without doing it properly and then be forced back here opening the door for further litigation and a host of additional problems. When it comes to relocation matters, consulting with a highly skilled attorney in this area will prevent a pro se party from the many pitfalls that can occur. You need an attorney who can review your agreement with you, review the law with you and provide you the legal advice that is necessary for you to make a decision regarding how you want to proceed.

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  • Can I trade my too small car for a larger one during divorce before next pymnt and tags due? I am making car pymts now anyway.

    Bought for my son. He has now purchased something else. Husband took other car that fit everyone that was paid for. This car too small for me and the kids and I would like to trade it now my divorce wont be final for 6 more weeks and I hate to ma...

    Emily’s Answer

    Once your divorce is pending, there is a temporary injunction that goes into place that prohibits dissipation of marital assets. Selling or trading a vehicle would likely fall under this temporary injunction. You should speak with your husband and see if you can come to an agreement regarding obtaining a new vehicle that meets your needs. If you come to an agreement, you should put it in writing. If you and your husband can't agree, you might consider mediating the issue or raising the issue with the Court as part of temporary orders, if this must be complete before your case is done.

    The issue of dissipation of marital assets is taken very seriously and I would caution against doing anything without an agreement or Court Order.

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  • What do I need to do if the separation agreement is not clearly followed?

    My divorce has been finalized and was uncontested. In the separation agreement we stated the debts to be divided. After the final hearing she withdrew from a loan account that I'm held responsible for in the agreement maxing out the account. The ...

    Emily’s Answer

    I agree with my colleagues. You have to seek to enforce the agreement that you both entered into. Litigation can be costly and time consuming. You might want to consider corresponding with her about your agreement and the money that she took and see if between the two of you it can be resolved. If that does not work, you may need to mediate it, if your agreement requires. You also have the option of a contempt action. Contempt can be a very complicated process. If you plan on going down the road of contempt, you might want to strongly consider obtaining the assistance of an attorney who is well versed in this area.

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