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David Littman
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David Littman’s Answers

3,056 total


  • How can I live with only one of my divorced parents?

    I'm 15 and my parents have been divorced for about 7 years. I hate staying with my mom. I was curious about how to go about living with only my dad or changing the time spent with her.

    David’s Answer

    Your parents signed a parenting plan when they divorced (or a court ordered a parenting plan). In either case, a determination was made that the existing plan is in your best interests. Fifteen year olds do not get to decide where they are going to live, but their input is considered if a parent files a motion. It is unlikely that a court will allow no contact at all with one parent unless the court finds an extreme level of emotional or physical endangerment.

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  • Can my daughter divorce her dad or what are her options?

    My daughter came over for a visit and refused to go back to her dads house. She has made it clear that she no longer wants to live with her father and is welling to do whatever she has to, to make that happen. She isn't even wanting to talk to her...

    David’s Answer

    I must assume that your daughter is not married to her father. That would create all sorts of legal complications, including the possibility of criminal conduct. Only spouses are eligible to divorce. Thus, what you seem to be asking about is whether a person under the age of 18 can determine how and when she spends time with her parents. If there is a parenting plan, that will set forth the time that she spends with her father and and with you. If your daughter is under 18, to change the parenting plan, either you and her father must reach an agreement, or you will need to file a motion to modify the parenting plan. If there are no court orders regarding parenting time, no one is obligated to do anything. I suggest that you consult with a family law attorney to more fully understand your options as well as your rights.

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  • Who out there can help me to reestablish contact with my family.

    I am a sex offender in treatment and on probation for over 5 years. I am being supervised in Larimer county as a courtesy from Denver and Arapahoe counties. I am trying to reestablish contact with my children which has been revoked after being ab...

    David’s Answer

    If this is important to you, you need to find the financial resources to retain an attorney in Larimer County who is familiar with both criminal and family law. Good luck to you.

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  • Is it possible to gain custody of my niece?

    I feel like my sister is unfit to take care of my niece. She works day and night and tends to leave my niece alone at home. She's hardly been there for her and she did terrible at school while she lived with her. Her father has been in prison for ...

    David’s Answer

    If your niece lived with you for six months or more and six months have not passed since she stopped living with you, you can file for allocation of parental rights including parenting time under C.R.S 14-10-123. It would be best to work with a family law attorney to assure you have given yourself every opportunity to accomplish your goals. Good luck to you.

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  • Can my ex wife move my children to Texas without my permission?

    I just found out that my ex wife took my children (from Colorado) and moved to Texas without telling me or notifying the courts. What do I do now? Can I file contempt charges on her and if so how do I do that? What will happen to my children (they...

    David’s Answer

    One of the fastest ways to resolve an unauthorized move is to file under the Parental Kidnapping Prevention Act. I don't have enough information to know whether this act would apply to your situation. If frequent contact with your children is important to you, retain counsel who knows what he/she is doing and follow their advice. On the other hand, if you haven't seen your children in a long time due to your own inaction, it is likely that a court would approve her move. She made the mistake of not seeking permission first. The court cannot tell her where to live, but can tell you both where the children are to live. Good luck to you.

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  • Can he revoke his ruling ?

    Last week I went before a magistrate with regards to choice of school for my son. He ruled in my favor and put in place a minute order naming the school by name that my son was to attended. Tonight almost a week later I was called by his office an...

    David’s Answer

    Something does not sound right to me. I wonder if perhaps you might want an attorney to be present at the hearing with you. Usually a judicial officer will designate a parent to make the school choice decision, rather than make the choice him/herself. Good luck to you.

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  • Can he take my car and house from me

    I am married, stay at home mom and a full.time student. My husband said if I leave he's will.take my car and the house not pay anything. Wouldn't give me money for food. Can he do that? We been married for 4 years together for 8.

    David’s Answer

    Your husband is attempting to bully you and you need to stop him by obtaining information about what your rights are. Schedule a consultation with a family law attorney. Organize your questions before you go to the consultation and you will learn that he may be responsible for paying spousal support to you, possibly child support and that there will be court orders in place once you file and serve him that will legally prevent him from carrying out his threats. He can only do what he threatens if you allow this to happen. Good luck to you.

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  • How do i respond to a motion to intervene

    My daughters father passed away on June 12th 2016. His mother filed a motion to intervene and is asking for visitation one weekend a month, a week for christmas and two months during the summer. She is stating that im dening her any contact with m...

    David’s Answer

    Mr. Geil is right on point. It is very difficult when someone dies to then be faced with litigation by a grandparent who is also grieving. Get yourself to a strong and compassionate family law attorney who can sort this all out and provide you the guidance you and your daughter need to get through this difficult time in her life.

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  • Can an ex-wife of the be challenged as primary beneficiary? When all other policy's list his kids as beneficiaries?

    My 1st husband, father of my two children (ages 22 & 23) past away 5-11-16. He was full time Army National Guard (but not active duty). He had 3 different "life insurance" policies. There was the emergency death benefit, and two other policy's. Be...

    David’s Answer

    This is a question for a probate attorney and given the amount of money you believe may be involved, your children need to consult with someone in that field promptly, before the money is gone.

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  • How do I WRITE an Emergency Fourth With Motion?

    The Temporary restraining order Will be lifted on my children tomorrow and the children are in danger. I was told to file an Emergency Fourth With Motion. In the box that says Re: Do I check " The Marriage of "or "Parental Responsibiliti...

    David’s Answer

    People spend four years of college and three years of law school attempting to learn what you are asking about. Most recently graduated lawyers are not familiar with what you are asking about. If this is important to you, it is time to sit down for a consultation with a family law attorney and let him/her educate you.

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