My girlfriend of 7 years went to Florida with my son to visit for Christmas I was under the impression they would be back in February but she wanted to stay to get him baptized and is not letting me know when they are coming back I was informed th...
The best thing to do is to put it in the Court's hands. Colorado arguably has jurisdiction, if you file here before they have been in Florida for 6 months. The 6 months is the key. You and the mother have the same rights, and neither has superior rights absent court orders. Go see a family lawyer, and get a case going.See question
When rates vary between 200-400 dollars an hour and being raised poor, I realized that many middle class earners cannot afford representation that brings them the best outcomes. I just experienced it and feel the negative effects because my ex put...
I am so very sorry for your experience, and want to answer your specific questions.
There is an ethics rule. A lawyer shall not make an agreement for, charge, or collect an unreasonable fee for an unreasonable amount for expenses. The factors for determining reasonableness in domestic cases are (1) time and labor required, the novelty or difficulty of the questions involved, and the skill required to perform the legal services properly; (2) The likelihood, if apparent to the client, that the acceptance of that employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services, (4) the amount involved and the results obtained; (5) the time limitations imposed by the client or the circumstances, (6) the nature and length of the professional relationship with the client, and (7) the experience, reputation and ability of the lawyer. I think the last factor is the focus. Someone with over 20 years of experience, who has been actively involved in the domestic bar in teaching, writing and leadership, who has earned reputable awards such as Super Lawyers, Best Lawyers, and Martindale Hubbell AV ratings, who has extensive and recent successful courtroom and negotiation experience, could properly charge $300 an hour or more. Those with less years of experience, reputation or proven ability would require a closer look.
I do believe that the middle class can have high quality representation, but it requires time and effort. To find the high quality representation, ask others who have had to hire a lawyer about their lawyer and about the opposing counsel. Research on-line, using client based review sites like this one. Truly read through the reviews, looking for substantive ones that show that quality representation was provided. Superficial reviews of high quantity glean little. Find your top 2-3, and look at their web pages, and then call. There are usually consultation fees, but it is the best money you will spend. Ask questions of the lawyer, such as experience in the courtroom and settlement, their style, have them talk you through the process, and ask what they do that they believe will provide you with the quality representation you are seeking. You can get a good read with the right time and effort. Next, is cost. There are truly excellent lawyers who charge in the high $100's to low $200's. Many tend to be associates in a firm with partners with lengthy experience and excellent reputations, who mentor their associates. Ask about firm associates, their rates, who oversees their cases and how. Oftentimes, you have the energy of a lawyer yearning to become their best at a lower hourly rate, but with the experience of the mentor overseeing the case without their higher cost. Also, there are quite a few well experienced lawyers that provide excellent representation, at the mid $200's mid $300's, who have staff who can help defray some of the costs.
How can the higher rates by less experienced lawyers who do not provide quality representation be changed? People would have to stop hiring them.
Although I hope to have answered each of your questions, I know that none of them address your experience after-the-fact.
My daughter's mom has been abusing her (physically & mentally) , currently in f/t custody with me (father). Would like to ultimately have full custody due to abuse and daughter's struggles at school. Was told there was no emergency custody i...
The answer to your specific question about how you go abut obtaining emergency custody is hire a lawyer. I do not say that as a routine part of my answers, but you need to get this right the first time. As an example, what you were told about no "emergency custody in Arapahoe county today," is simply not accurate to your legal issues. In addition to the emergency relief you seek, you do need a final modification as well. This would be two motions and several affidavits. Your daughter is worth getting this right, so hire a skilled lawyer. If money is an issue, you can look at associate lawyers in firms that have experienced partners mentoring the associate, or unbundled services (this is not ideal, but a much better option than navigating it alone). Good luck!See question
She would be out of state for 2 overnights (less than 48 hours) without me then I would be there the rest of the trip and fly home with her. I am required to notify my co-parent when traveling out of state with her, but with a relative is not add...
As this is post initial orders, you can do whatever you desire with your child on your parenting time unless prohibited by the Parenting Plan. You are electing to take the child out of state, even if you are not traveling with her initially, so you are under an obligation to comply with the provision to which you cite. You need only tell him the dates, she is flying to and from, the flight number, and the general schedule of when she will be at what city, and telephone numbers where she can be reached. If he tells you he objects, based upon the information you have provided such an objection is irrelevant. No need to argue with him, as long as you proceed in compliance with the Parenting Plan.
Good luck!See question
Mother has been abusing daughter, she has given custody to me for the time being. Trying to file emergency custody now. Will that change the child support order as well or do I need to ask for both?
If the orders in place say that the mother is to have time with the child, she can renege on her agreement of giving custody to you for the time being. As such, you are right to seek emergency restriction of the current orders, but that will only be temporary. Child support is not addressed in that Motion. I file at the same time a Motion to Modify Parenting Time, which is big picture change. You can include a request to modify child support based upon the changed parenting time that you are seeking, and include a request that such be retroactive. A lawyer will best be able to help you navigate this challenging process, and advance the arguments as to retroactivity and as of what date, as well as the applicable standards for the parenting time modification and restriction. If money is limited, at least use a lawyer who offers unbundled services. It is not ideal, but a great option when full representation is not an viable due to finances.
Good luck.See question
I was improperly served divorce papers, my soon to be ex wife wants full custody with no visitation rights for me, along with a vehicle that is not under my name. As of right now, she is not asking for money, child support, spousal support or any...
If your children have been domiciled in California consistently over the last 6 months, California has jurisdiction and you need a lawyer licensed to practice there. Your best chance at getting this right the first time is using a lawyer, and from the beginning. Nothing requires you to have a lawyer, though.
Good luck to you.See question
Both parents moved to Colorado about 4 years ago but the parenting plan and child support agreement is still in Arizona. I (custodial parent) would like to modify the parenting time. Can I go through Arizona's courts to have this done, or do I fil...
Arizona has continuing exclusive jurisidction, so you can go through the court that entered the last orders. However, given your facts, for ease both child support and parenting time modifications can be handled here. There is a specific statutory process for this. Good luck.See question
My ex said he would give me 50% of his 401k/403b in our divorce and will not tell me how much it is. He did not disclose the amount in the sworn financial statements. How do I get this amount? I know it is $17,000 but how do I prove that??
If the agreement to give you 50% was in the written agreement, approved by the court, whether you know the amount or not, you must use a Qualified Domestic Relations Order (QDRO) to transfer the amount from his name to yours. So, the QDRO can simply reflect the agreement terms of 50% as of the date of decree (or whatever it says), and the Plan handles the rest. If, however, that agreement was not in writing and signed by the court, you may not be able to enforce, let alone find out what half really is. Good luck!See question