Brenda Storey’s Answers

Brenda Storey

Denver Child Custody Lawyer.

Contributor Level 7
  1. Spouse left and was highest income - also left all bills, jointly created and lease with time remaining

    Answered 3 months ago.

    1. Stephen Clark Harkess
    2. Brenda Storey
    3. Matthew James Casebolt
    3 lawyer answers

    Your issue is one that our statutes specifically address. Under a dissolution of marriage or legal separation, the Colorado Courts have jurisdiction to equitably divide marital debts, and assets, between the parties. You don’t have to wait until the final divorce orders, either. You can seek Temporary Orders, so that the Court addresses payments and responsibility while the case is pending. Depending on the circumstances, it may be better to have him court ordered to pay you maintenance,...

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  2. What are the chances that my ex would be allowed to relocate with my 12 year old son 800 miles away?

    Answered 5 days ago.

    1. Brenda Storey
    2. Samera I. Habib
    3. Matthew Scott Berkus
    4. Larry M Leach
    5. Guy Russell Greenstein
    6. ···
    6 lawyer answers

    I need to caution you that you, and she, have an equal burden to prove why your respective positions on the relocation is in the best interest of your son. Colorado has a specific statute relating to this type of post-decree relocation request. There is no presumption for the child to remain in Colorado. Likewise, there is no presumption for the child to be relocated. Rather, the court is to take into account all relevant factors when deciding your son’s best interests. I find that the...

    6 lawyers agreed with this answer

  3. Can my son's dad deny me my right to Skype with my son because he got his computer taken away for "bad" behavior?

    Answered 11 months ago.

    1. Christopher Daniel Leroi
    2. Brenda Storey
    3. David Littman
    4. Kevin H. Pate
    5. Robert F Gauss
    5 lawyer answers

    Discipline should not include interrupting contact between parent and child. Have you contacted your former husband and made arrangements as to specific days and times that you and your son can Skype and speak by phone during these periods? That will allow the contact between you and your son to continue, and also help your son respect the boundaries of the discipline. Additionally, your son will see his parents are a common front, working together. If you have tried to coordinate with...

    6 lawyers agreed with this answer

  4. I believe the DM is overstepping their boundaries. What do you think? Can I fight this?

    Answered 7 months ago.

    1. Brenda Storey
    2. Dane Eric Torbenson
    3. Christopher Daniel Leroi
    3 lawyer answers

    In general, a Decision Maker does not have authority/jurisdiction to modify parenting time. However, parties can agree to give a decision maker greater authority, including to modify current orders. A decision maker can only be appointed by agreement of the parties and the appointment is limited by the agreed order of appointment. If the order in your case does not specifically allow the decision maker to do what he/she is doing, you can file a motion with the court to declare the DM is...

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  5. If I live in another state,and my husband is living with a woman in Colorado,How can I file for a Adultery Divorce?

    Answered 8 months ago.

    1. Robert Vance Salter
    2. Brenda Storey
    3. Karl J Geil
    4. Christopher Daniel Leroi
    4 lawyer answers

    I am very sorry about the facts you present. There are jurisdictional issues to be considered when filing. It would seem that the divorce needs to be filed in Colorado, where he resides, so that the courts have personal jurisdiction over him for financial orders. Colorado is a no fault state, but does allow consideration of economic fault and/or dissipation of marital assets when equitably dividing the marital estate. This can come into play when there is a girlfriend. Also, once you...

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  6. Ex wife left the state with our child without my ok. Court documents state she needs my ok and the courts ok to leave the state.

    Answered about 2 months ago.

    1. Brenda Storey
    2. Guy Russell Greenstein
    3. Robert Vance Salter
    4. Rixon Charles Rafter III
    5. Jason Eugene Sorel
    5 lawyer answers

    Unfortunately, court orders are not self-enforcing. You need to bring this violation to the attention of the Court. Even then, the Court does not pursue the issue – you need to do so. You need to file a Motion, and ask for the immediate return of your child. You likely have lost parenting time as a result of her leaving the state with the child, as well. Luckily. Colorado has a statute specifically aimed at redress, 14-10-129.5. By also filing a Motion for relief per that statute, you can...

    5 lawyers agreed with this answer

  7. What happens if I don't take court ordered hair drug test?

    Answered 10 months ago.

    1. Dane Eric Torbenson
    2. Meggin Elaine Rutherford
    3. David Littman
    4. Brenda Storey
    4 lawyer answers

    I am so very sorry for these circumstances. The answers to your questions start with what the current orders say. If they require you to submit to a hair follicle test and you haven’t, then you are in violation of the court orders. If they restrict your parenting time until you have clean hair follicle test results, then not submitting means your parenting time remains restricted. If the court orders restrict all contact with your son, that includes phone contact. If the court orders allow...

    4 lawyers agreed with this answer

  8. Is my ex wifes income still counted if she voluntarily quits her job?

    Answered 10 months ago.

    1. Christopher Daniel Leroi
    2. Lynn Lewis Olney
    3. Brenda Storey
    3 lawyer answers

    Colorado has specific statutory and case law support for imputing income to a parent who is voluntarily underemployed. Additionally, to your benefit, modification can be made retroactive to when you filed your Motion under certain circumstances, which can include differing modification amounts for differing periods covered. However, I will caution you that arguing these issues, and presenting the evidence needed to support your positions, are not simple and easy. Remember, the case worker...

    4 lawyers agreed with this answer

  9. Who would be the best recommendation for a fathers rights lawyer for a high profile custody battle?

    Answered about 1 year ago.

    1. David Littman
    2. Kristen Mclaughlin Tarrin
    3. Adrian Parke Tilley
    4. Brenda Storey
    5. David Herman Hirsch
    5 lawyer answers

    I would caution against seeking a “father’s rights” lawyer. This can backfire. Those lawyers can have reputations of focusing on the rights of the father, denigrating the mother, and/or removing the focus from the children. This hurts the client’s overall case, which is to be about the best interests of the children. Custody litigation is a challenging area of law, as it is emotionally charged, so personal, the subject (the children) is what is most important to people, and getting it “...

    4 lawyers agreed with this answer

  10. My ex-husband wants to change parenting time from 70-30% to 50-50%/ My kids (almost 12 and 15 years old) and I disagree.

    Answered about 2 months ago.

    1. Meggin Elaine Rutherford
    2. Brenda Storey
    3. Daniel Brian McGuinness
    3 lawyer answers

    Simply advise your husband that you are not in agreement as to that being in the children’s best interests. Then do not engage in the discussion again with him. If he doesn’t want to accept your position, then he will need to figure out what is required of him in the legal arena. If he does go that route, a Child and Family Investigator could be sought in a pending case. Such an expert can report to the court the children’s wishes (only one factor to be considered by the court), and based...

    3 lawyers agreed with this answer