Hes been mine all his life ( now 11) we have a current patentibg plan and order in place. She wants to transfer with her job to another city with both my boys and is stating "well he ( my lil guy) isnt yours anyway ill just take him." ( out of spi...
The short answer is no. Your ex is overreaching and if you are unwilling to be pushed around she cannot do what she is threatening.
Colorado law provides for several ways to establish paternity and, as of a few years ago, the appellate courts have even made clear that a DNA match isn't even more significant than the other factors. Therefore, you can legally be the father of your son even if there is no biological connection whatsoever (even if the actual biological father is known). Your ex is simply wrong in thinking otherwise.
Further, it sounds like the issue of paternity has already been established by court order and you have a court ordered allocation of parental responsibilities and parenting time. To move out of state in violation of these orders no only creates the potential that your ex will be held in contempt by the court (with penalties that can include jail time), but in some cases she could also be charged with parental kidnapping.
It sounds like she is just trying to bully you again into allowing her to do what she wants, but you need to be prepared in case she follows through on her threats. You need an experienced family law attorney and if she does move out of the area, you need to be prepared to go to court and argue to have your son returned to you and to have her parenting time modified or restricted. You might also consider whether a modification of the current child support order is appropriate.See question
I work at a law firm. I was recently instructed by an attorney to participate in what I did not know at the time was a severe breach of attorney/client privilege. The fee agreement at our law firm clearly states that outside counsel may receive pr...
If you look at the Office of Attorney Regulation Counsel, they state that the attorney cannot retaliate against you for filing a complaint with their office. An effort to do so would risk further problems with OARC.
In addition, termination based on filing such a complaint might support a lawsuit for wrongful termination in violation of public policy, although that would be more difficult to pursue and I do not know if a court has specifically addressed such a claim in this context.See question
I recently lost my parental rights and my son was adopted by his stepfather . The original order in 2010 was $886 for Child , I struggled to pay this amount along with visitation ($120 per hour) and buy gifts for the next 3-5 years . After many re...
Unfortunately, the truth isn't going to be anything you want to hear. When you fall far behind of your support obligation it can be extremely difficult to dig yourself out of the hole you created.
Since your parental rights have been terminated, you have no legal right to contact with your son. Legally, you are not related. The amount of contact you had with your son before or after the termination of your rights has no bearing whatsoever on your child support obligation.
When your parental rights were terminated you no longer ow any FUTURE child support. That is the good news. However, the adoption did not change your arrears.
Unfortunately, you still owe ALL of the arrears. Further, the arrears grow at a statutory rate of 12% per year. This means that if owe $20,000 and you don't pay at least $200 per month, then the amount you owe will continue to INCREASE over time. If you don't pay more than $200 per month then the debt will go on FOREVER.
Due to both federal and state law, the court has no power to reduce or modify your arrears. The amount you already owe for past support is specifically not modifiable.
The truth is that the request for you to pay $300 per month is probably reasonable. In many cases, a court will order arrears to be paid over 24 months which would mean a monthly payment of more than $800 plus interest. The demand of $300 is a lot less onerous than that.See question
The house I have a lease for another 4 months with was forclosed on a month ago. Since the bank took it back cause it was backed by the VA. I have had way to many people tell me what is going to happen. I was suppose to buy this home and have a le...
To add a little to Mr. Michem's response - your contract to lease the property was with the old landlord. All of your rights are based on that document. You do have rights, but unfortunately those rights have to be enforced against the person you signed a contract with.
You have the right to sue the landlord for breaching your lease and failing to maintain a habitable property for you to live in during the term of your lease. You have a very strong case because the landlord's failure to pay his mortgage led to the foreclosure and your inability to stay in the house through the end of your lease term.
The problem is that the guy you need to sue doesn't have enough money to pay his mortgage (thus the foreclosure), violates the law (apparently), and is currently sitting in jail rather than earning any sort of living. This means that it will be very very difficult (if not impossible) to collect on any judgment you get against him. However, those unfortunate facts do not serve to make the mortgage company responsible for the problems that your lousy landlord caused you. You don't have a lease with the current owner of the property and you are going to end up being evicted if you don't move.
If you believe that the old landlord may somehow turn things around and become prosperous in the next few years and he does not file for bankruptcy protection in the meantime, you could sue him for your damages and get a judgment to cover your losses. However, until he has income or property you will not be able to collect on the judgment.See question
Although the house my father and I have been living in was not in his will, my sisters do not feel I should receive his home. My father passed away in May of 2016. I have been taking care of my dad for almost 10 years. They want to sell the hous...
In order to file a successful claim for compensation, you will have to prove that your father made a binding promise to compensate you for the care you gave him. If that happened, then you have a contract claim you can pursue against the estate as a creditor before the remaining assets are distributed to the heirs.
If your father never promised to compensate you for taking care of him, then you cannot simply come up with some amount that you wish you had been paid over the past 9 years and expect to collect. That's not the way things work. Further, if your claim is for an ownership interest in the house, you need your agreement to be in WRITING and signed by your father or it will not be enforceable.See question
Hi! I got laid off from a company and they are accusing me of stealing students information and then calling them and bad mouthing the company. I did not do this. I do have 3 students cell phone numbers that were given to me by the students them...
It may be a good idea to review the correspondence you received with a lawyer.
From what you describe, there does not appear to be any reason to sign anything your former employer is asking you to sign. You already no longer work there, so unless they are offering to pay you for executing the document, there appears to be benefit to dealing with them any further. You do not appear to have any legal obligation to provide them with an affidavit of any sort.See question
General outline my wife was arrested on dec 30 2016 she was charged with third degree assault, I was bleeding and the cops came & she went to jail, we have 3 kids, two step daughters and a 1 year old son, the kids were not present at the time of t...
It is highly unlikely that you can successfully sue CPS, but you can discuss that possibility with the lawyer you hire to help you with the pending D&N proceeding. That is your priority. You can use the Find a Lawyer link to find and schedule a consultation with an attorney near you to discuss the case.See question
I had to go to the county court for a traffic violation, and there was a mix-up with my case (officer set my court date on the judge's trial date). The DA and the judge were nice enough to see me on that day, and the DA was very understanding rega...
Judges are not supposed to communicate with one side of a case without full disclosure to the other side. That is why judges get very nervous about communication from litigants that is not shared with the other party. The District Attorney does not have the same restriction since they are not a neutral party so there shouldn't be anything wrong with sending a polite note to the prosecutor.See question
My ex got custody 4 months ago against the g.a.l. recommendations. The judge failed to note the d.u.I. and reports of him d.d. w kids. Well last weekend he wrecked his truck while driving to meet me in Iowa which was half way between CO and WI. He...
The best thing you can do is to retain an experienced family law attorney in the state where your hearing is pending.See question
My property manager snoop outside my door and thought I have an Airbnb rental. I am licensed in the state of Colorado for Airbnb Here is a doorbell video https://ring.com/share/1644233146 This is a snooping video door bell https://ri...
You can sue anybody for anything. If you can prove they entered the property without justification (and in a manner that is not allowed by the lease) you can sue for trespass. However, unless you can prove that the trespass caused you damage, your recovery may be limited to $1. You will not recover anything for emotional distress.
You can file a counterclaim in the eviction case, but your more pressing concern is to estaablish that you paid your rent on time.See question