Brenda Storey’s Answers

Brenda Storey

Denver Child Custody Lawyer.

Contributor Level 5
  1. 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 6 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

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

    Answered 3 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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  3. 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 3 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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  4. What happens if I don't take court ordered hair drug test?

    Answered 6 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

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

    Answered 6 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

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

    Answered 8 months 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

  7. Ex wife posted a video of her boyfriend and my daughter laying on the same bed. What can I do?

    Answered about 1 month ago.

    1. Stephen Clark Harkess
    2. Dane Eric Torbenson
    3. Brenda Storey
    3 lawyer answers

    These are always tough situations. First and foremost you must express your concerns with the other parent. It is good practice to do so in writing so you have a record of attempting in good faith to resolve the issue. If those discussions do not result in the concerning behavior ceasing, the next step is sometimes controlled by the current order or parenting plan. Does the order/plan define shared decision making to include the child's general well being? If so, does the order/plan...

    3 lawyers agreed with this answer

  8. Can my husband buy a home with his mistress before we are divorced?

    Answered 5 months ago.

    1. Brian J. Bagley
    2. Scott David Goldman
    3. Arthur Woods Porter
    4. Brenda Storey
    4 lawyer answers

    To answer your specific question, there really are no rules during marriage. Either one of you can make purchases, incur debt. In the future, when a divorce action is filed like you indicate will happen, an argument can be made for economic waste/marital waste. However, such an argument requires proof and substantial spending, and is after-the-fact. If your husband were to purchase a new home before filing, even that would be a marital asset under our statutes. But, if you hand him over...

    3 lawyers agreed with this answer

  9. "The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party."

    Answered 7 months ago.

    1. Christopher Daniel Leroi
    2. Dane Eric Torbenson
    3. Kristen Mclaughlin Tarrin
    4. Brenda Storey
    4 lawyer answers

    I first want to clarify that that statute has been amended as of July 1, 2013. The new language now reflects: The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that, if the court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party’s protective actions shall not be considered with respect to this...

    3 lawyers agreed with this answer

  10. If I'm the only one to show up for my Divorce hearing , will the Judge grant my Divorce ? With no attorney ?

    Answered 8 months ago.

    1. Christopher Daniel Leroi
    2. Danae Dawn Woody
    3. Brenda Storey
    4. Arthur Woods Porter
    5. William Charles Baird
    5 lawyer answers

    If the hearing was properly noticed, meaning there is proof that both parties knew of the date and time, and your wife does not appear, the Court will likely still proceed. The court may try calling her from the bench, to ascertain if she knew of the date and time and plans on attending. If the Court concludes that she was noticed, but is not appearing, the Court will proceed with the hearing, taking your testimony, accepting the financial affidavits into evidence, and ultimately issuing...

    3 lawyers agreed with this answer