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Brenda Storey

Brenda Storey’s Answers

61 total


  • Do they have to file for a divorce?

    Couple bought a house together, both names on loan. Had a baby. Were engaged but never got married. Have filed married, but separately on last couple of year's taxes. Claimed married for insurance purposes.

    Brenda’s Answer

    I am sorry about the situation in which this couple has found themselves. Colorado recognizes common law marriage, which is no different than any other marriage. It sounds like the couple have held themselves out as husband and wife for insurance and tax purposes. If they now claim they are not married, they need to consider the ramifications of insurance fraud and tax fraud. They are either married, or they aren’t, and they have told government, employer and insurance alike that they are. Divorce is needed. Good luck to them.

    Brenda L. Storey, Esq.
    The Law Offices of Brenda L. Storey. P.C.
    4582 South Ulster Street Parkway
    Suite 1602
    Denver, Colorado 80237
    (720) 583-2325
    (720) 475-1169 Fax
    Visit us at www.StoreyLawOffices.com

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  • How do I go about filing for attorney's fees in a domestic relations case?

    We are involved in a relocation case. I need an attorney, but cannot afford an attorney. How do I go about requesting that the other party pay some portion of my legal fees? He has two full time jobs, though he would deny one job. How do I go abou...

    Brenda’s Answer

    I am sorry that you are in this situation. The original pleadings for relocation/responding to the requested relocation could have included a request for fees and costs. If your pleading does not request them, then you can ask the Court’s permission to amend. Once the request for a fees and costs award has been filed, mandatory disclosures are required of each party as to finances. This allows you to see bank balances, pay stubs, tax returns. A fees and costs award like you are seeking is based upon the financial resources of both parties, so you have to provide your disclosures as well. The Court will have a hearing on your request, and often times that is not until the final hearing (which, if awarded, means a reimbursement of some of your fees and costs). Best of luck to you.

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  • How do I request that these two issues be separated? Is that the best course of action?

    I filed a motion to relocate with the court. The other party already relocated to the east coast. There is nothing in our parenting plan that prevents me from leaving Colorado. I only need to get permission from the court. The other party hired an...

    Brenda’s Answer

    I am sorry about the situation in which you find yourself. Your point is well taken, and logical. However, for judicial economy and because of the commonality of the subject matter – children – it does seem that the two can be handled at the same time and together. Your facts suggest that you are the one who has the children. Your request to relocate does, per Colorado statute, implicate parenting time consideration for the other parent. Your facts do not indicate where the respective locations are and are intended to be, but it would seem that any move would impact the other parent’s parenting time somehow. Maybe the distance is different, or travel complications, or school calendar variations? As such, it seems that the very terms of your parenting plan for modification are implicated for your requested relocation. Additionally, similar to your parenting plan requirement for modification, the Colorado statute requires you to notify the other parent with your proposed parenting plan attendant to your requested relocation. If you cannot agree, then you must submit your plan to the Court with your relocation request. Thus, it seems that these two issues really are similar and tied to one another. Good luck to you!

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  • Can this be blocked or forced to move to Jefferson County?

    Divorce with children in Texas. Both parents have moved to Colorado, though 100 miles apart (Evergreen and Colorado Springs). Children currently spend time under Texas standard possession. Primary parent (Mother) resides in Evergreen and has four ...

    Brenda’s Answer

    I am sorry about the situation in which you find yourself. It does seem that Colorado could assume jurisdiction, given your children’s home state at this time. Texas must relinquish the jurisdiction to Colorado. This is a formal process, and likely the result. Your specific question has to do with Venue, meaning which district within the state of Colorado should hear the case. You can raise the question of whether El Paso County is the proper Venue, and there are several factual and technical arguments attendant thereto. Good luck to you!

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  • What is the age for the child to decide which parent to permanently reside with?

    We have primary custody and my daughter wants to reside with me her father. She does not want to see her mother at all.

    Brenda’s Answer

    I am so very sorry to read of your daughter’s circumstances. In domestic relations cases, courts are to consider 11 specific factors, as well as any other relevant facts, to fashion a parenting plan in the best interests of your child. Only one of the 11 factors is the child’s wishes. The short answer, therefore, is that a minor child never gets to decide her own parenting time. The long answer is that the Court would want to know why your daughter does not want to see her mother at all, and what can be done to address that. Additionally, the Court would want to hear what you are doing to encourage a safe and healthy relationship between mother and daughter. Parents are expected to get their children to go to school in the morning, mind curfew and other rules, and similarly are expected to encourage the relationship between the child and other parent, including getting the child to exercise court ordered parenting time. If you are doing that, but the issues are between mother and daughter, the court might order interventions, such as therapy. If the reasons are safety ones, the court might order precautions. Courts simply do not just order no parenting time whatsoever except in the rarest of divorce cases.

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  • Can I be held in contempt?

    I reside in Colorado and at my husband's sentencing for contempt on a parenting plan violation I was ordered by the judge to not speak to the children regarding their father being in jail. Can I be brought up on charges for saying something about...

    Brenda’s Answer

    I am sorry for the circumstances in which you find yourself. The Court for your husband’s case has no jurisdiction over you or your children, unless each of you has been added as actual parties to the case. That is not common, and you would sure know if you had been. As such, I do not believe you could be held in contempt by that Court for violating an Order directed at you for which there was no jurisdiction.

    The Court does have jurisdiction over your husband, and can order him not to allow certain things, such as exposure of the children to a third party, or third parties to make derogatory comments about the other parent in the earshot of the children. Even if the third party attempts exposure or derogatory statements, the parent ordered to not allow such is responsible for compliance and protecting the children as ordered. As such, the wording of the plan/order you reference is crucial as to whether your husband could be held in contempt.

    Best of luck to you!

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  • What should I do if my 14 year old refuses to return to her fathers home?

    My 14 year old daughter is miserable at her fathers home. He has her for school which was decided by a mediator 2 years ago. She loves her school but hates living with her father. He is emotionally abusive and keeps her out till 1am on school nigh...

    Brenda’s Answer

    I am so sorry for the circumstances in which you find yourself. Your daughter does not get to simply refuse to exercise parenting time, and you cannot violate a court order. What you can do, though, is file a motion for modification. There are specific legal standards that must be satisfied for you to be successful with your motion and I cannot stress enough the need for an expert. Such an expert can investigate what your daughter is experiencing, share what your daughter’s desires are as to modification and why, and make recommendations as to what is in the best interests of your daughter. With what you describe, do not delay too long in filing your motion. Good luck to you!

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  • Will I get full parental responsibility of my children if I file?

    I separated with the father of my children 6 months ago after a domestic violence case while my children where home sleeping. I have been the one home with them and raising them since day one. Since I moved out they are with me most of the time. E...

    Brenda’s Answer

    I am so sorry about the circumstances in which you find yourself. No one can guarantee that you will get full parental responsibility for your children if you file. What you share as underlying facts sure give you a strong argument, though. In Colorado, parental responsibilities are ordered based upon the best interests of your children. That standard is applied by looking at all relevant factors, and a few specific ones, including domestic violence, child abuse, ability to put the children’s needs ahead of your own, encouraging love and affection, where safe and healthy, between the children and the other parent, and even past pattern of involvement (which would include recent past as you describe). There are similarly statutory terms that guide the court as far as decision-making responsibility, and the facts as you state them are on your side. Best of luck to you!

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  • OK I want to take my sons dad back to court just to have more time with my son how do I that.?

    Back in 2012 the judge said we make our own decisions. My sons dad won't budge

    Brenda’s Answer

    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!

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  • I'm dealing with a parent who wants to relocate and take child as well.

    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...

    Brenda’s Answer

    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!

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