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Reaching an agreement before temp orders

Loveland, CO |

If two parties reach an agreement before a temporary orders hearing (paternity/parental responsibilites), do they still have to go to the hearing or is there a motion or statement that can be filed saying that we wish to drop all matters??

Attorney Answers 3

  1. You can either keep the temporary orders hearing and announce the stipulation. Or, the alternative is to file a motion to vacate the hearing and file a stipulation.

  2. You may be able to file the agreed upon stipulation within enough time for the court to rule and vacate the TOH prior to the hearing. However call the court and speak to the clerk to see if they will vacate the hearing if you have a full agreement. In the alternative you can bring the stip to court and have a brief hearing.

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    April Jones
    Attorney Since 1991

    All written responses are for general informational purposes and do not constitute legal advice. Please consult an attorney for legal advice

  3. The document you might file is a stipulation that describes how the two parents are going to share decision making and parenting time. If you have reached an agreement, it is not likely that you need to retain an attorney, but you might want to schedule a consultation with a family law attorney to review the written stipulation that you and the other parent prepare. If you want to make certain that you are doing things the right way, you certainly can retain counsel. The agreement should cover decision making, holiday parenting time, vacations, regular parenting time during the school year and summer. There should also be a child support calculation based upon an exchange of a Sworn Financial Statement and supporting documents.

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