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Emily Therese Roberts
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Emily Roberts’s Answers

40 total

  • If my ex goes out of state when it is his parenting time, do I have the right to keep my son with me?

    My ex goes to a lot of raves out of state and in state. He usually drops him off at his moms every time. My son is two and I think it would be easier on him if I kept him with me. My ex is not technically taking his parenting time. I want to know ...

    Emily’s Answer

    The language of your parenting plan is key. What does it say about what happens during a parent's parenting time if they are going to be away from the child during that time? Some plans give the right of first refusal to the other parent - meaning he would have to ask you to care for the child first before allowing his mom to provide care. If there is nothing in your parenting plan - then his parenting time is his time and he can choose to have his mom provide care. If you have concerns about this and think there is a better plan that would benefit your son - you should also review your parenting plan or Orders to see what is required of you relative to discussing the issues with his father before bringing the issue back to Court if you think that is appropriate. Sometimes parenting plans have specific provisions regarding mediation or other alternative forms of dispute resolution before they can be brought before the Court. If you have questions about your specific plan or would desire moving forward with a change in the parenting plan you should talk to an attorney who is well versed in this area.

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  • Will it hurt me in court that I dont get to see my son

    So my wife is with holding my 9 mo son. Her reasoning is that Im facing DV amd child abuse (fighting since she attacked me) not to mention I wasnt happy and concerned for my son last time I saw him when his face was cut up and he had a black eye (...

    Emily’s Answer

    The Court is required to consider the best interests of your son in deciding issues involving the care and decision making for children. Domestic violence is a serious matter that can impact issues involving children, as it is one factor in the many factors set forth in the Statute that the Court can consider in making a plan for a child. The concerns you have regarding your child's physical health are also issues that should be raised with the Court and also go to the issue of what is in the best interest of your son. It sounds like you are making your best efforts to be there for your son - and that is commendable. Your son sounds like he is very important to you and given the issues that you are describing I would highly recommend that you seek out an attorney to assist you with these issues. At this point, without an Order regarding parenting time, your son's mother can essentially continue in this path. It is unclear from your question whether or not their is a protection order in the domestic violence case that prevents contact between you and your son. If that is the case, then she would be correct to follow that Order. These are very complex and complicated issues that having an attorney who is well versed in these areas will make navigating this process much more manageable. I wish you the best of luck.

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  • How long is enough time to allow an attorney to prepare for a hearing?

    Have done everything else, but have not yet set a hearing for permanent orders, but plan on doing so very soon here. The divorce issues are as follows: business full, custody 1/2, debt each his/her own, assets-2 cars each his/her own. We're basica...

    Emily’s Answer

    Ever attorney is going to be different on how long they will want to prepare for such a hearing. While it may not sound like many issues, an attorney who is well versed in these areas may find other issues, may need more information and may need to delve into these issues more extensively than you thought. Attorneys, when they take a case, have an obligation to zealously represent their clients and advise them about their rights, responsibilities, and potential outcomes so that the client can determine how they wish to proceed. It is always best, therefore, to err on the side of more time is better.

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  • Do I need to file for an eviction or can I just call the police? Does this person have established tenancy?

    I recently helped someone move out of another house they were getting evicted from. We had a verbal agreement that the person could live with me at my house for a monthly fee until they could find a new place to live. We also agreed that the per...

    Emily’s Answer

    Your new roommate probably would be considered a month to month tenant on an oral lease. You should talk with an attorney to discuss proper eviction process.

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  • Who is responsible to pay the school fees- field trips, project fees, school supplies, etc and extracurricular activities

    The extracurricular activities fall on both parenting time- horse shows, dance recital, swim practice and meets- The ex gives the approval for the activity but refuses to pay or even share in the cost Is school fees and recreational costs include...

    Emily’s Answer

    You need to review your agreement regarding payment of these activities. Most agreements have provisions regarding these expenses. Some child support calculations include added expenses for the children's extraordinary activities or expenses. So the answer is sometimes and sometimes not. It highly depends on the Orders and agreements in your case.

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  • Is it legal for a consenting 17 year old to have sex with a 20 year old in the state of Colorado?

    my girlfriends 17 and im 20 (3 year difference) shes been pressuring and badgering me into having sex with her and im ignorant when it comes to the law and it puts my nerves on edge cause im scared ill go to jail I just wanna know the honest legal...

    Emily’s Answer

    The age of consent in Colorado is 17. There are also close in age exceptions.

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  • Husband travels. Both from same town and all relatives reside in home state. I want to move with kids back home. Possible?

    I have been a stay at home mom for ten years. Husband travels weekly and sees kids 3 times a week. I want to move back to our home state where I have friends, family his and mine. Emotionally abusive. Great schools, and can find a good job fast. I...

    Emily’s Answer

    I concur with Mr. Littman. Moving without an agreement or Court order to do so, even if you move prior to any case being filed - would likley be problematic. This does not mean that a Court would not allow you to move after looking at what is best for your children and looking at all the facts. However, taking the children and leaving the state without these things would likely cause problems for you in a divorce case. Child custody matters are complicated and more than not require the expertise of a family law practitioner. It would be to your benefit to sit down and speak with someone regarding your case. Best of luck.

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  • When my child support case goes to court, will I need an attorney? Will the paternal father gain rights to see my daughter?

    I'm 20 years old, I have a 7 month old daughter. Her paternal father hasn't been in the picture since I was 2 months pregnant with her. Since I was 3 months pregnant a new man came into my life and he has been there through all of my pregnancy, th...

    Emily’s Answer

    I agree with the other two answers. You should speak with an attorney about your issues.

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  • As a landlord, can I sell my property even though I have a signed lease from my tenants in Colorado?

    I have notified the tenants of my intent to sell. I have asked permission to show it. They are concerned they won't be able to find another place to live. Their lease is up in 2014. I have told them they will have at least 30 days from contract t...

    Emily’s Answer

    I agree with Mr. Thomas. You should speak with an attorney.

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