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...
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!See question
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...
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!See question
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...
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!See question
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