Back in 2012 the judge said we make our own decisions. My sons dad won't budge
I am so sorry for these circumstances. The goal is always to try to reach agreement, but that takes two. When agreement cannot be reached, the Court is there to resolve the issue. That is the very purpose of the court system!
With parenting time, the focus is what is in your son’s best interests. For you to increase parenting time between you and your son, you file a Motion and you will need to provide facts and proof as to why the additional time is, in fact, best for your son. The reasons the father is not agreeing are also relevant – are his reasons child focused, self-focused, punitive, legitimate? There are definitely different perspectives, and sometimes both perspectives are absolutely accurate for differing reasons. This all is exactly why I like to have Parental Responsibilities Evaluators appointed in these kinds of cases. They take the time to understand your son, his specific needs, the strengths and weaknesses of differing parenting time schedules, and of the parents even. Their reports are as to what parenting time he/she finds is in the best interests of your specific son, in his circumstances, with each of you as his parents. This kind of expert evaluation and report can lead to productive settlement talk, as now it is not just your position versus the father’s position, but the input of a neutral expert who has looked into it all. Plus., if resolution cannot be reached by settlement, there is an expert witness who can assist the court in finding a good resolution for the subject child.
Best of luck to you!See question
The other party and i have been divorced a little over two years now. I wanted more time with the child but the court decision was i get child twice every other weekend and pay the other party 600 dollars a month. Now the other party also wanted t...
I am so sorry for the circumstances in which you find yourself. Your instinct is right on, in that an agreement for no child support can be rejected by the court, it can always be modified, and the parenting time terms are likewise modifiable.
Jurisdiction for child support would stay where the payor is. Jurisdiction as to parenting time could be "transferred" to the new state after 6 months of the move.
If you were to agree to the relocation, make sure to get the specific terms for how/when/where you would see your child in writing and signed as a court order by the court here. That way it is enforceable by you here or in the new state and any future modification would have to be from those specific terms.
Good luck to you!See question
The court awarded him temporary custody. We have a permanentcy hearing scheduled next month.
There is an automatic temporary injunction that goes into effect with each filing of a divorce or adjudication of parental rights action. The injunction restrains a party from removing a child from the state, even temporarily, absent advance agreement of the other parent or a court order. This injunction stays in place unless and until modified by the court or when permanent/final orders enter. Your facts suggest that it is still in effect. However, this is not self-enforcing. If the father of the child does not have your permission or the permission of the Court, and you know he is intending to go out of state with the child, you need to alert the Court by way of a forthwith motion. Best of luck to you!See question
I want parenting responsibilities split down the middle. Child support is pretty low, so I'm happy to give that back.
I am sorry to hear of these circumstances. I wonder if it would really be in your daughter’s best interests to force parenting responsibilities on a parent who, living only two miles away, chooses not to be involved. It would seem that that would be very damaging to your daughter’s emotional development, and perhaps even her physical safety. If what you are wanting, which I think most parents want for their children, is for your daughter to have two loving parents in her life, who desire to have a safe and healthy relationship with her, and who put the child’s needs first, no court order will provide that. We cannot force people to change, and a court order for parental responsibilities does not make someone a good parent. Simply forcing time and decision-making on an unwilling parent does not improve them, and risks a lot to your daughter. With this as the reality of who and what the father of your child is, perhaps just getting child support from him is the best that you can do for your child as relates to her dad. Good luck to you!See question
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...
Permanent Orders have very specific deadlines, and the attorney handling the hearing would prefer to be hired well in advance of those deadlines. For example, lay and expert witness disclosures are due 63 days before trial, and expert reports are due 56 days before the hearing occurs. Given that a disputed issue in your case is a business, a forensic business valuation expert might be extremely beneficial and the lawyer handling your case probably would like input as to the selection of the expert. Additionally, identification of lay witnesses is a very important step.
It may also complicate your case if you set a Permanent Orders date and then try to hire a lawyer to handle it. Part of your selection will be controlled by who is available the date that you have, not just as to the credentials and expertise of the lawyers you are interviewing. A better plan would be to hire a lawyer of your choosing, and have the date set thereafter to assure it works for all.
Best of luck to you!See question
Is Colorado going to consider this anytime soon, and how will it affect existing parents with ordered parenting plans?
“Shared parenting time” in a legal context means each parent having some parenting time. In Colorado dissolution cases, or cases involving adjudication of parental rights, by statute the child’s best interests are to be the focus in fashioning the resulting parenting time. Absent extreme facts, the results are usually some parenting time with each parent, meaning shared parenting time (versus sole with just one parent). In the research context, “shared parenting time” is defined as a child having at least 25-30% time with each parent. Such research shows that children who have that much time with each parent fare better than children who have no parenting time at all with one parent (absentee parent for example). There is no research that establishes that one specific parenting schedule is best, or even better, for all children.
There is a misunderstanding, or misstatement as the case might be, that “shared parenting time” in the legal and/or research context is one particular parenting schedule or means “equal” or 50/50 parenting time. That is simply not accurate nor true. Further, each child, and each family, differ; therefore parenting time schedules need to be tailored to that child’s specific best interests and needs within their specific family’s facts, history and circumstances.
Just last legislative session, a draft bill was presented to the Colorado Legislature that would have required substantially equal parenting time be considered in every case. The legislature had the wisdom, and care for Colorado’s kids, to reject “one-size-fits-all.” So, no change for the children of Colorado, including those with parenting plans already in place – their specific best interests continue to be the only focus.See question
My ex's estranged mother is a terrible influence on my son. She repeatedly goes against my wishes when it comes to health issues i.e. asthma, and allergies, causing unneeded health risk. She has cats, he's allergic to cats. He has sugar intoleranc...
I am so sorry about these circumstances. What you do on your parenting time is, generally, your business. As such, you can refuse to allow her to contact your son on your parenting time. You can convey to your son your rules, similar to your rules for bedtime, screen time allowance, etc. However, if she is seeing your son on the other parent’s parenting time, you need to express your concerns to that parent first. If there is not agreement as to the concerns you raise, as relates to her statements, actions, and contact on the other parent’s parenting time, you can seek relief from the court. The burden will be on you to show why the other parent’s decision to allow contact is not in the child’s best interests. What you state are good facts to support your position. In the meantime, make sure your son has an outlet to talk about and work through his feelings, as it is tough for him to hear those negatives about a parent. Good luck to you!See question
I am in the middle of a divorce. My soon to be ex and I filed married filing separately on our taxes. I have paid for what I feel I am liable for, both the personal and the business taxes, and now he is asking that I agree to pay his personal taxe...
I am so sorry about these circumstances. In the divorce context, any debt acquired during the marriage, regardless of whether in joint names or just one spouse’s name, is marital and subject to equitable distribution by the court. Even the debts that you held in just your name which you referenced discharging in bankruptcy were marital to the extent acquired after the date of your marriage. So, with this statutory definition, taxes owed in one spouse’s name while married are marital for the divorce court to address.
In Colorado, marital property and debt is to be divided equitably, which requires consideration of all relevant factors, and a few specific ones. Of relevance, and not included in your fact pattern, are the length of marriage, what marital assets exist, what marital debts remain, what are the respective incomes and abilities to pay obligations. Depending on those answers, the divorce court might order you to share in a portion of outstanding taxes owed. I just cannot better answer without more facts. Best of luck to you!See question
First Conferance Hearing July 15th, 2015. How does a judge determine amount of Maintenance. "P" is unemployed. Married 20+ years. "R" annual income of $100,000. Lived in the same home for 19 years. All assets in "R" name. After being pushed away f...
I am so sorry you find yourself in this position. You have many arguments that can be made to support what seem like very reasonable positions. The key is knowing what proof you need, and how that proof supports your arguments legally.
At the initial status conference, the courts do not usually enter any orders. However, in your case they might given that you have been kicked out of your home with what sounds like no support whatsoever. You need to push for interim orders, seeking access to funds for your basic support (housing, groceries, medical care, etc.) If the court will not enter interim orders that day, push for a temporary orders hearing to be set as soon as possible. At that hearing, the court is to issue orders that will be in place while the case is pending – who lives where, who pays for what.
Title, alone, does not dictate whether assets are marital. Generally, our statute defines marital assets as any asset acquired from the date of marriage to the date of divorce decree, other than gifts/inheritance. I have to assume that many assets were acquired during your 20+ year marriage, including the house, retirement, furniture and furnishings, automobiles. With a $100,000 income, your husband also has the ability to pay maintenance, the amount of which is determined on specific facts. Additionally, with that kind of income, you have a good shot at being awarded temporary attorneys’ fees and costs, while the case is pending, to assist you in retaining a lawyer and being on “equal footing” with your husband from a litigation standpoint.
Hidden assets, having to sell assets, contributions to the marriage, are all relevant in property division. I realize that the cost of a lawyer can be intimidating. At a minimum, though, you should work with a lawyer who provides unbundled legal services. This is a relatively new concept in Colorado. You choose how often and for what you use them. You can meet and discuss the case overall and get guidance of what specifically you should pursue, and what facts you need to prove in order to do such. You could use them just to prepare for a hearing, or to handle your hearing. This allows you to receive legal advice, but on a budget, making it an attractive option. Though, again I think that the facts you have warrant an award to you of a fees and costs advance for you to be able to have full representation.
Good luck to you!See question
The other party asked me to switch his parenting to the specific date that doesn't work for me and I cannot agree. He has sent me many messages to make me to compromise. I would like to know if it's ok not go to the exchange that he suggested as I...
I am so sorry that you are experiencing this. If you two have no parenting plan in place, then there are no rules and you do not have to give into his pressure. If the schedule you reference is part of a parenting plan, the plan’s terms control. As such, if you do not agree to the requested change, you do not agree. A very effective part of communication is knowing when to stop engaging. If you do not agree to the requested change, and have advised of that, then the conversation need only stop. He may keep sending you demands, but you do not have to read them, engage, or show up at the requested modified exchange.
Good luck to you!See question