I am seeking Grandparent visitation with my 7 yr old grandson who has Sensory Deficit Disorder. I am paternal grandmother and my adult son has denied visitation due to family con flicks. We have a court ordered resolution management conference i...
I agree with my colleagues. The resolution statement is useful for the court to determine how far apart everyone is on the contested issues and gives the judge an idea about what types of services/hearings to schedule.See question
Im in the middle of a custody battle right now of a 1 yr old. We have a temp order that was put in place about 3 months ago giving father, visitation 4 hrs everyday. He shows up late almost eveyday, or sometime misses the visits completely or has ...
Courts do favor equal parenting time but it's got to be reasonable. If he is going to be placing the child in daycare for the bulk of his parenting time, the judge would likely prefer that the child be with you. First, daycare is expensive and he would be spending more in daycare costs than he would be paying you in child support. For example, if he makes $3000/month and you make $1000/month, and daycare is $1000/month (assuming no other costs and equal parenting time, you would pay $61.75/month in child support and he would be on the hook for the $1000/month in daycare costs (so he's out of pocket about $940/month). With your proposal, or even 120 days/year, he would pay you $417.92/month in child support. That is likely a big reason that judges don't favor daycare when another parent is available to care for the child...there is just more money available to financially support the child without daycare. Of course, if you're staying home to avoid daycare but could be making lots of money by working, that's another story. You really should sit face to face with an attorney and hash out all of the details. From what you have stated, your proposal sounds very reasonable.See question
Right now my wife and I have about 40% parenting time with my son. Every single time we have him it is a constant battle with his mother. The court order says to communicate through email only due to her verbal attacks in the past. She will email ...
While you may not be able to modify the parenting plan yet, you could certainly file a motion for contempt and request that she take a domestic violence class or anger management class to help her deal with her psychological issues. You could also request that the exchanges be modified so that she remain in the vehicle for all exchanges or that she sends someone else to exchange the children. It sounds like she is extremely toxic and, while your agreement is relatively recent, if she isn't following the terms of the agreement and is psychologically unstable, you should get in from of a judge.See question
While I was married my husband wanted a porsche, his credit wasn't great so i had to cosign, we then got divorced but forgot about the porsche being cosigned by me, now my ex hasn't returned the car and lease agreement ended and has not paid any m...
By now, it is probably already affecting your credit. Your best course of action may be to file an enforcement action in divorce court to have the situation taken care of. Without seeing the decree, though, it is hard to know what remedy you may have. If your credit has been damaged, you may be able to get damages.See question
I am a married woman and had an affair. Result of said affair was pregnancy. My husband has decided to stay and raise child as his own. I do not wish to seek any child support . i would just like to establish paternity
If you are trying to establish paternity with the biological father, then you could file a petition to establish paternity. By doing so, though, the court (and the father) will typically request parenting time and child support will be ordered. You could waive support if it is in the child's best interests. Alternatively, you could have your husband adopt the child. It's not clear why you just want to establish paternity only. You should talk to an attorney and get ALL of your questions answered regarding this issue. :)See question
I have an order of protection against my ex and he's evading service. Can I serve by publication ?
Generally no. You are going to have to try to serve him in person by any means possible before you ask the court to serve by alternate means. Even then, it's highly unlikely that publication would be allowed. Alternate service in this type of situation would likely be by posting the order on the door to his residence or serving someone at his employer. A private process server may be more effective at personal service than the sheriff if that's the only way you have tried so far.See question
My family has found out that my husband has relapsed on drugs after 6 years. They have threatened to call cps on me if I didn't bring the kids to them or my mom. Being scared, I grabbed my kids and we have been staying at my moms. My kids are aski...
I agree with my colleagues. Your best course of action would be for him to find somewhere else to live while he is taking care of his dependency issues or for you to continue to support him from your mother's house. I would allow him to visit with the kids at a safe place, like your mother's house, just to make sure that everything is safe in the event that someone in your "family" does call CPS. If you don't let him see the kids, he could file for divorce or separation and get visitation with the kids anyway. Given the drug situation, though, he may only get supervised visitation until he has proven to the court that he is not currently using.See question
I am the aunt (maternal) of two girls ages 3 and 4. The Mom, my niece, is giving them up to someone and refuses to let the family raise them. Fathers are unknown. One father took a dna test and is not a match. Second father, not know. Mother has ...
This sounds more like a guardianship situation than an in loco parentis from the facts you have stated. I can't tell how involved you have been in the children's lives from what you have stated but if the mother isn't going to be caring for the children and is giving them to someone else, then guardianship should be established for either the family she wants to give them to or you. By establishing guardianship, you will have to prove that you are the best place for the children to be raised. The other family should want to establish guardianship, too, if they want to raise the children. By doing so, you will be allowed to make medical and educational decisions for the children. Contact an attorney to determine the best course of action.See question
My Neice is giving her two girls away. Fathers are not involved. Does the family, have any rights to the kids? The family she wants to give the kids to, is a alcoholic which gives us concern.
I agree with my colleagues. If you are concerned for the safety of these children in the environment that Mother is placing them in, someone who wants to care for the children should file for temporary guardianship of the children. Contact an attorney to determine the best option for you and if you might want to consider involving CPS in the situation.See question
My step daughter lives in Denver... she'd like to move here... To AZ... But get Mom keeps telling her that "by law"... she can't choose till she's 18... this can't be true... Is it? My step daughter is 14.. almost 15
As my colleagues have noted, there is no set age where the child gets to choose but their wishes are given far more weight as the child approaches 18. In fact, I've not seen a case where a 17 year old has been forced to go to one parent's house if they don't want to. Since your child is almost 15, her wishes would be given a LOT of weight but the court would also consider a list of other factors before determining if it is appropriate for her to move to AZ with you.
Also, as the other attorneys have noted, if she has resided in CO for more than 6 months, Mom could register an Arizona custody order in Colorado and take the fight there. I'm not saying she would win in Colorado, but she could try to take the case there.See question