Brenda Storey’s Answers

Brenda Storey

Denver Child Custody Lawyer.

Contributor Level 6
  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 8 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 4 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 4 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 7 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 7 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 9 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. Spouse left and was highest income - also left all bills, jointly created and lease with time remaining

    Answered about 12 hours 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,...

    3 lawyers agreed with this answer

  8. Can i get custudy of my six kids if i provide for them 100 percent financialy and been at my job 15 yrs stable home and car

    Answered 22 days ago.

    1. Satima Azumi Porter
    2. Brenda Storey
    3. Karl J Geil
    3 lawyer answers

    “Custody” is a complicated word, as our statutes no longer use that term. Legal “custody” means decision-making responsibility. Physical “custody” means the parent with whom the child resides a majority of the time. If you are seeking to have sole physical custody, meaning that you have the children 100% of the time, and the other parent has none, that is rare. Even parents who have substance abuse issues or criminal histories have some form of parenting time with their children. Courts...

    3 lawyers agreed with this answer

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

    Answered 2 months 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

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

    Answered 7 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