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David Littman
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David Littman’s Answers

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  • My question is what are my options to get her to comply with the orders? Do I file Contempt or Motion concerning parenting time?

    My Ex-wife is custodial to my children and she has been making it very difficult for me to talk to my children, as well as, not complying with my visitation rights.

    David’s Answer

    I agree with Mr. Geil's suggestions. Most judges abhor contempt and do not see it as an appropriate remedy in most family law cases. A motion to modify parenting time or a motion to enforce the existing court orders gets you where you want to be. Good luck to you.

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  • My mother is trying to take items that were bought for me and i am moving out. am i allowed to take those items with me?

    moving away to different city and want to take items

    David’s Answer

    You do not state how old you are and that could be a factor. This is really not a divorce and separation question since it is not likely that you are divorcing your mother.

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  • How do I get joint custody back with me have sole decision making?

    I am trying to take my Ex back to court for joint custody again. A year ago we went to court and I didn't know that final decision making was full custody or I wouldn't of agreed to it. He is trying to move my daughter away from the house she grew...

    David’s Answer

    Mr. Harkess is right on point in his comments about suggesting to work with a family law attorney. The manner in which you pose your questions suggests a lack of understanding of family law. It is really difficult to be your own lawyer in a case in which you have an emotional involvement. There is no "custody" in Colorado. There is parenting time and decision making. It is not clear what you are trying to accomplish. Thus, my suggestion is that you schedule a consultation with a family law attorney, sit down with a copy of your existing orders with him/her and let that person educate you before you determine how to best accomplish your goals. Good luck to you.

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  • How's money given to each person in divorce when only 1 of the people are on the deed but it was determined to be a joint asset?

    How and when do I receive my money when we sell our condo after the divorce? The court ordered that the equity be split between my ex & myself and in addition he owes me a bulk sum of alimony. My name is not on the deed, but the judge determined i...

    David’s Answer

    You can and should show the court order to the real estate agent (if there is one) handling the sale of the property and also to the title company or other closing agent. Make sure that they understand there is a court order to be followed about the division of funds from the sale. If your ex is an honorable person, he will also want to follow the court orders. I hope that this turns out well for you.

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  • How do I request a child support modification when I'm not totally sure of other party's income?

    When trying to get a child support modification through the court, what do I do with the worksheet I'm supposed to attach if I am not entirely sure of the other party's income? I am certain that he makes quite a bit more than when our order was l...

    David’s Answer

    Mr. Harkess is correct. Once you file your motion, you both will have to exchange financial disclosures. Check your court orders to be certain you are not required to mediate prior to filing a motion with the court. If that is the case, you can schedule mediation and exchange necessary documents prior to the mediation.

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  • Can we file the termination for adoption JDF520T in CO even though we do not meet the residency requirements for adoption in CO?

    -Colorado ordered a custody order in 2010 and has never been modified. -Mother, child and step father have lived in Texas since 2013. -Step father wants to adopt child in Texas. -Father still lives in Colorado and has signed an affidavit of rel...

    David’s Answer

    An adoption is a separate proceeding from whatever action gave Colorado jurisdiction in 2010. Before continuing to mess around with Colorado law, I would urge you to consult with an attorney in Texas who is familiar with the laws in Texas pertaining to adoption. There is likely to be a Texas consent to step-parent adoption form that can be signed by the bio dad in Colorado and filed in the Texas adoption case. Good luck to you.

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  • Can I do a same sex, second-parent adoption of my wife's baby with a sperm donor and leave his name off the birth certificate?

    We are a married lesbian couple who wants to do an at-home insemination with a known sperm donor, a friend. If we conceive this way and my wife gets pregnant, will I be able to adopt the child as the second parent if we leave the sperm donating fr...

    David’s Answer

    If you and your wife are legally married, this fact creates a presumption of parentage for the "other" spouse. For many reasons, it is best to use a more formal process for insemination than whatever occurs at home.

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  • What can happen to me if I run away from home and live in my boyfriends house WITHOUT his parents knowing?

    I'm 15 and pregnant.

    David’s Answer

    First, the question is what your parents will do if you run away. They can report you to the police who will look for you. Someone will tell them where to look. You will be brought back to your parents' house. It is hard to imagine that you could live in your boyfriend's house for very long and his parents would not know you are there. Thus, they could get in serious trouble for harboring a runaway. Whatever your problems are, running away is not likely the best way to handle them. Good luck to you. If you are scared of your parents, get help from a teacher, counselor or other adult whom you trust.

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  • Does Spouse A have ANY legal rights to sign anything on the house after walking off /bankruptcy or able to receive any monies?

    Divorced in Boulder County Colorado April 2014. The loan on house in Adams County is in Spouse A's name. The DEED is in both Spouse A and B names. Spouse A agreed to and was ordered keep house for 5 years. Spouse A failed to make house payments s...

    David’s Answer

    This is a bankruptcy question rather than a Divorce & Separation issue. I have changed the practice area for you and would expect you to get information from attorneys who practice in bankruptcy law.

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  • Is this grounds to have his medical decision making rights eliminated?

    My ex husband is refusing to sign a consent to treatment form for our daughter to have testing done to verify weather or not she has ADHD. He and his lawyer have been dragging their feet for over a week on the matter and we need this testing done ...

    David’s Answer

    If you don't have an attorney and your ex does, the first item of business is to retain counsel. Then, you can seek court approval for moving forward with the AD/HD treatment. Good luck to you.

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