My sons father held me in contempt once before for non payment because I couldnt find a job and pay while I was about to have my youngest child. It has been a year since then and I have missed only one month and made up for it. I had to get cps in...
There are multiple issues here. Colorado recognizes two kinds of contempt here, either remedial or punitive. Without going into too much detail on the differences, you should now that if the court finds that a motion for either type is filing frivolously, you may have an opportunity to seek reimbursement for your attorney's fees. Thus, don't dismiss the opportunity to consult with an attorney who can help you get repaid for your fees if ordered by the court.
Beyond that, you're talking about different reasons alleged for court intervention. First, the financial allegations resulting in the contempt citation. Second, the CPS questions which may or may not result in criminal court (or civil court). Regardless of whether you are in criminal or civil court for either or both, you really need to consider each separately. Courts consider financial issues completely separate from allegations of child abuse. Each and every allegation must be prepared for (and defended against, assuming you are being the one accused) separately. It's easy to get confused in the complexity of it all. I'd suggest contacting an attorney who can help you first and foremost, protect your interests in the upcoming hearing. Next, you need to protect yourself against frivolous contempt filings or CPS allegations. I see too many cases where parents repeatedly abuse the system by using court as a pseudo-911. To stop the abuses, you need to present a strong defense that may or may not include seeking your own attorneys fees reimbursed or other sanctions. Feel free to contact me through my website or look at the guides I have listed under my avvo profile. www.JPDenver.com. Best of luck as you go through this process. I wish the best for you and your child.See question
my ex-boyfriends girlfriend made him file paperwork to obtain custody of our oldest daughter. Hes not trying to get custody of both of our children which is odd. He Is an alcoholic that drinks until he passes out cold at night while "watching his ...
While it's not clear exactly belong to which relationship, if there are concerns about substance abuse, you should consider seeking the appointment of a Child Family Investigator (CFI). If this is a third party (the "girlfriend") she is not a party to this action and you need to separate out any feelings you have for her and feelings you have for your ex-boyfriend. It's not clear what steps your ex has taken to "try to get custody". I'd strongly suggest consulting with an attorney to determine your options here. Generally, parents only get one shot at changing custody every two years in Colorado. Thus, depending on the circumstances you may want to file motions to block the effort or seek other relief from the court. Best of luck. Feel free to look at my website, www.JPDenver.com, for more resources.See question
Is there any Lawyers in Denver who would be able to help a grandparent out of state to file for custody of a child. I've been told that custody of my granddaughter is going to probably change hands in December. I've talked to a caseworker and co...
You've got a complicated situation. A lot will depend on the resources appointed to this case by the court. Assuming you are in juvenile court and not in domestic court (district court) you should talk with an attorney about the various resources available to help your grandchild and you less directly, including the possibility of a Guardian Ad Litem (GAL). Bottom line is that there may be cost savings available that you may not be aware of at present. Best of luck and feel free to send me an email through my website, www.JPDenver.com, where you can find a guide to custody matters.See question
Single couple not married had twin daughters hired lawyer in new mexico filed for child support from the father last year lawyer ,sent in info.for calculation ,was told file lost now they have to go to court all we want is worksheet done and not g...
I agree with the other attorney who answered this question. There are details here missing that need to be added. If you are in Colorado, I'd strongly suggest physically visiting the actual courthouse in the County in which the case will be heard because you can often find resources and information on pro se (services for unrepresented) parties and parents. If you are trying to file this in Colorado from another state, you'll need an attorney licensed in Colorado to help. There really isn't a way around that. If this is a New Mexico case, I'd suggest raising these issues on NM Avvo.See question
I am a licensed clinical social worker. Up until 9/13 I worked as a clinical supervisor/manager of a large mental health clinic. From 9/13 to 6/14, I worked as a mental health therapist and had no managerial responsibility at the clinic. I resi...
There are facts not presented here that are important, including the status of your contract arrangement with the clinic as well as that with the patient. You should consider talking with an attorney who specializes in contract review and administrative/licensing compliance. I'm happy to talk more with you. Feel free to contact me through my website at www.JPDenver.com.See question
he owes 27,000
This question is a bit confusing. It doesn't make clear who he owes the support to or who he would receive support from. Each state is different and each local jurisdiction handles cases like these differently. A good place to start is the child support registry of Mesa County. If you'd still like to speak with an attorney after reviewing the local website, feel free to check out my site, www.JPDenver.com, and I'm happy to discuss this matter with you further to see if my staff or I can help you.See question
There is no custody order in place (I did file one today). We have a mutual written parenting plan. Twice now I have had to do a check the welfare due to his threats against my child while she is in his care. Now, he is refusing to give her back &...
There are important details missing here. Even filing a "custody order" is confusing because you'll have different steps to take depending on whether you filed in juvenile court or domestic relations court. Were you ever married to the father? It sounds like you weren't but if you were you'd go with the domestic relations court. If you really believe your child is in danger, you can file for an emergency hearing (where you move the court for an order) but otherwise, it sounds like the police are telling you the correct information. Without an order by the court, police aren't likely to intervene. In addition, even if the father isn't the biological father, he may still have rights (or responsibilities). There are many complex factors to consider based on the history of his relationship with your child. There are many firms that will help you out on a limited basis for a discounted fee. If you'd like to talk with a lawyer asap and learn your rights, feel free to look at my website and if you have interest in speaking with someone after you've looked at the site, feel free to send us an email or give us a call. The site is www.JPDenver.com.See question
The obligor keeps quitting every job before the child support payment info is sent to company. He keeps quitting ever job, when the child support info is sent to the company. It's seemly clear his avoiding child support payment What necessary l...
Here are some key questions regarding your situation:
1. What kind of work does he do and has he ever had a vocational assessment?
2. Has he ever been imputed income?
3. What is your current relationship with FSR and Child Support Enforcement?
This is an area of tremendous local control, meaning that your situation will vary tremendously on where you live in Colorado (and even where he lives, if in a different county).
If you can't afford an attorney, you can always check out local court (or family services) seminars on how best to seek enforcement. Unfortunately, if your order can't be enforced, it may warrant heading back to court to request a hearing on whether your ex is gaming the system. In situations like this, deadbeat parents often come in overly cocky and tremendously under prepared. They'll say and do things that, unbeknownst to them, kill their cause. Criminal and civil contempt can become reality. But first you need to get an order finding that he is acting unlawfully or contrary to a prior order.
All of this may sound very confusing. You can, however, break it down into a case-specific approach. A lot of firms, including mine, offer limited retainer agreements that allow people in situations like yours to engage in an in-depth, cost-effective (or greatly discounted) case review as part of a flat rate retainer package. I'd also encourage you to check out my website, where I have links to various child support resources, as well as an explanation of child support's complicated layers, as drafted by the state (and interpreted by my firm). www.JPDenver.com.
Regardless, best of luck! I commend you for looking out for your child's best interests. It's easy to see why a lot of parents give up. It's not an easy process to say the least.See question
Hello, I have been on a DJ&S for the past 4 years. In the past 6 months my case has been handed to RMOMS. I have been unable to get in touch with my probation officer on the status of the filing and only know through the clerk that they have not b...
In Colorado, probation standards and procedures vary widely county to county. The key thing: probation is a "privilege" and not a "right" in most cases and too many POs feel no incentive to respond in a timely way. ( to their credit, many are overworked and justifiably burnt out). I agree 100 percent with Mr. Leroi and would just reenforce his point about motions to compel being a civil remedy. If you can't afford a lawyer and can't get public defender at this stage of the process, I'd suggest looking into free clinics that are often put on by local legal or community organizations, or even local court staff (I have found many of these to be of great quality but are poorly publicized). Best of luck!See question
My son will be starting middle school in 3 weeks. A year ago I moved out of the school boundary but continued to drive him back and forth for his last year of elementary. It is a 1 hour round trip commute. Now that middle school is starting which ...
Every July and August, courts see these types of disputes pop up across the country. In Colorado, you may or may not be able to get a hearing on this before school starts. It's definitely worth a shot and you want to comply with the request ( motion) process to the letter of the law . Great suggestions from other attorney who has responded. Assuming your agreement has you two splitting decision making and that you don't have a mediation requirement, a court is likely to look at a variety of factors set forth under state law. The court may or may not listen to the desires of your child. I'm assuming you had an agreement to move your son and now your ex is backing out. If this has not occurred, and rather, you never received his affirmative demonstrates approval, you may be facing a tougher road, especially since you are the one who moved. If your older kids are at the school where this child would attend that should help your cause a lot.
If you don't get into court now , you may lose out entirely for the remaining years, as judges likes maintaining the status quo (same school in this case) absent a real demonstration of why change is needed. Feel free to call me or look at my website, firstname.lastname@example.org for resources related to family law and child custody. Good luck!See question