Can Mother’s Outburst Affect Custody?

My ex-wife created an incident at our son’s basketball game in which she had charges pressed against her and she was processed that weekend. I took it upon myself to keep the kids with me, while waiting for my atty to motion for emergency custody until she got some type of help. This was not done by my atty and her atty says she is entitled to have the children back home right now. Well he have no court orders for custody right now. She has them Mon-Wed I have them Thurs/Fri and every other Sat. Now my kids have expressed to her that they don’t want to go home with her until she gets some counseling. Can she make them go home without getting some help or even proving that she is enrolled in some type of helpful class?

Yes. Unless a motion to restrict is filed prohibiting contact between your ex-wife and your children, the original orders remain in effect and the children will be returned to her. You have to take affirmative action with the court before anything will change.

New Guidelines for Child Support and College

Was there a Colorado Court of Appeals decision stating that the father could not be held responsible for more than the state guide lines for child support if the child attends college? Does that decision take precedent over all agreements for post secondary education prior to 1997?

Good question and the answer is that it depends. It depends on the agreement that you have with your ex-wife. If you agreed to pay for college and it is in the court order, you might be able to reduce your obligation to the statutory maximum for child support. However, it depends on the law actually in effect at that time read in conjunction with the court order.

Father’s Obligation to Child

can a father relinquish his rights to a child or is he stuck with a child that he did not want or know about for over a year? Does the mother have to agree to allow him to do this? Can the courts force him to have visitation with this child? Can the father request the mother of the child does not contact him?

Unless, another man wishes to adopt your child or your parental rights are terminated by the state as a result of a dependency & neglect action, unfortunately you are responsible for the child despite the fact that you did not want nor know anything about him/her. If another man wants to adopt your child, yes the mother would have to agree to it. No, a court cannot force you to visit with your child. Yes, the father can request that the mother not contact him.

Modifying Maintenance

If my Divorce papers say I have to pay maintenance for 10 years and i cannot not go back to court and change it, Is it possible to change it? thanks rick

If your maintenance is contractual nonmodifiable, then you cannot change it. If it is modifiable, you can change it if your circumstances have changed.

Paternal Rights for New Child

On May 28th 2005 my wife and I had our first child. In the passing week, she has decided that she no longer wants to be together. She wants to move her and my little boy down to Texas. That is where her family is. What rights do I have? I’m the only source of income, I provide the medical insurance for both. She is not a US citizen or resident? I want to know what rights I have as a fathers. I really need help. she is now keeping the child from me. Any information would be helpful.

You need to file for a legal separation or divorce immediately. By so doing, an automatic injuction goes into effect which prohibits either party from removing the children from the state of Colorado without consent or a court order.

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Can Mother’s Outburst Affect Custody?

Can Mother’s Outburst Affect Custody?

New Guidelines for Child Support and College

New Guidelines for Child Support and College

Father’s Obligation to Child

Father’s Obligation to Child

Modifying Maintenance

Modifying Maintenance

Paternal Rights for New Child

Paternal Rights for New Child

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