Culver Winston Van Der Jagt’s Answers

Culver Winston Van Der Jagt

Louisville Divorce / Separation Lawyer.

Contributor Level 14
  1. How do I get my husband out of our home if I want a divorce?

    Answered over 4 years ago.

    1. Culver Winston Van Der Jagt
    2. John H Barrett
    2 lawyer answers

    You should not leave the home. More than anything, you need to consult privately with an attorney. Please read my short publication on this subject before you go any further with all of this. Culver 303-345-3508

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  2. Can i bring my american baby to france without the permission of her Dad ?

    Answered over 4 years ago.

    1. Culver Winston Van Der Jagt
    2. Linda Friedman Ramirez
    2 lawyer answers

    Your situation is complex. The answer right now is "maybe," but with a lot conditions involving jurisdictional complications and the Hague Convention that may or may not apply. Even if you leave it is possible that a Colorado Court could order the return of the baby and the French court would likely comply because France (I believe) has signed the Hague Convention. When the child reaches 6 months, the answer to whether you can do this without the father's permission will likely become "no."...

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  3. In regards to paying alimony, ex-wife got remarried, but then left the marriage now claiming it wasn't legal. Do I still pay?

    Answered over 4 years ago.

    1. Culver Winston Van Der Jagt
    1 lawyer answer

    I think this has more to do with Georgia Law than Colorado Law. I have dealt with this problem with a California case before and it is pretty difficult for another state to determine what is or isn't a marriage in Colorado, but that is essentially what you wind up asking them to do. Colorado allows for marriage at common law. All it really takes is for a couple to live together and represent themselves to the public as being married, but you would probably need an expert (lawyer) on Colorado...

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  4. Need help with POA question

    Answered over 4 years ago.

    1. Culver Winston Van Der Jagt
    1 lawyer answer

    I think this question is partially one of Canadian law (and maybe probate law?) and needs to be submitted to a Canadian forum for that part of the question. An attorney will need some more facts for this with respect to the Colorado portion of the question. Has your mother passed away? If she is still alive, you can probably go into the banking institution(s) with the general power of attorney and get the job(s) done there. If they can't do anything for you, they certainly have the...

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  5. Tenant/Landlord Compliance Notice question.

    Answered over 4 years ago.

    1. Culver Winston Van Der Jagt
    1 lawyer answer

    If I understand the question correctly (and I'm not entirely sure I do), you have been served with a 3 day notice to quit or pay. At this point, you have the choice to pay up what you now owe or the landlord can take you to court for a formal eviction and does not have to allow you to stay. Although you may have a few more days, this is your chance to avoid an eviction on your record (and likely all fees associated with taking you to court to get the eviction). Culver

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  6. Must I allow non-custodial parent to take my child out of state?

    Answered over 4 years ago.

    1. Culver Winston Van Der Jagt
    1 lawyer answer

    Colorado probably has jurisdiction based on the facts that you have recited... I think you will need Colorado orders on these issues and I don't believe he will be credited child support for paying for the cost of the flights. It sounds like you need a divorce attorney on this case (but it is not a very hard case and the facts appear to be in your favor). Culver 303-345-3508

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  7. What are my child custody options?

    Answered over 4 years ago.

    1. Culver Winston Van Der Jagt
    1 lawyer answer

    In all probability, Colorado has (and would maintain) jurisdiction over your child for at least 6 months after the move. If you move and your ex files a complaint with the court, the court could bring the child back to Colorado (by force). You personally have a Constitutional right (in most circumstances) to go whereever you want to go, but not necessarily with your son. It is possible, if you divorced in Colorado that there is a provision in your separation agreement that actually addresses...

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  8. What paperwork is req'd to stop child support pymts in CO?

    Answered over 4 years ago.

    1. Culver Winston Van Der Jagt
    3 lawyer answers

    INSTRUCTIONS FOR MOTION TO MODIFY OR TERMINATE MAINTENANCE The Motion to Modify or Terminate Maintenance is used when there is an existing maintenance award which was part of the decree of dissolution of marriage, and circumstances have changed so that either a change in the amount of maintenance or termination of the maintenance payments altogether is appropriate. You may seek modification or termination of the maintenance award by filing a Motion to Modify or Terminate Maintenance if...

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  9. Talking with detectives regarding a case

    Answered over 4 years ago.

    1. Culver Winston Van Der Jagt
    2. Michael L Rich
    2 lawyer answers

    I would say that you should get an attorney - at least consult with one before saying anything. Culver

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  10. Is it against the law for a woman with a child(ren) to date or marry a sex offender

    Answered almost 5 years ago.

    1. Culver Winston Van Der Jagt
    1 lawyer answer

    It is not against the law to date or marry a sex offender. I have seen this situation very often and many attorneys wish that they would change the designation for cases like that one. The problem that you do have, however, is potentially with Social Services and also with your ex. Sometimes Social Services can state that you are putting your own children at risk by exposing them to a registered sex offender and they can begin to exercise thier power as a result. Also, your ex could fairly...

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