Have a Question?

Visit our Q&A page and Get Answers.

303-534-4888

44 Cook Street, Suite 100

Denver, CO 80206

Q&A Archives

Questions

Does Hostile Aggressive Parenting Effect Custody Arrangements?

Does Hostile Aggressive Parenting Effect Custody Arrangements?

Does the court recognize Parental Alienation, Malicious Mother’s Syndrome, or Hostile Aggressive Parenting when it comes to custody battles? My husband has had to put up with so much from his ex-wife at the expense of his children getting hurt. She has displayed many signs of Hostile Aggressive parenting and we have no idea what his rights are. We have the children in counseling and are documenting everything, but does the court system even touch on this subject? We are very concerned for the children and can see that it has effected them negatively. What are our options?

If the children are being emotionally or physically harmed while in the care of their mother, and the counselor will back you up, your husband needs to file either a motion to modify parenting time or an emergency motion to restrict parenting time, or both.

Parental Kidnapping and How to Respond

Parental Kidnapping and How to Respond

My wife asked me to drive her to Idaho for a 1 week vacation 3 weeks ago. I left her with the car and flew home because of work. Now three weeks later she refuses to come home. She has stopped taking my calls and according to her mother has gone into hiding. I am very concerned about my two small sons. The environment is not ideal out there. They were staying with her mother and her mothers boyfriend. Both of them are alcoholics and do not work. Since they (the mom) and her boyfriend have no jobs they were all living at an uncles house, and she has been bleeding my bank account purchasing such things as alcohol and beauty products. I feel my sons are not in the best situation and think since she is no longer at the uncles house and is “in hiding” that this is parental kidnapping. I want to get emergency custody and get this matter handled through the courts the right way. My wife is originally from Idaho and since she wants to move back and I don’t she has chosen this path.

You will need to file an action for divorce, legal separation, or allocation of parental responsibilities in the state of Colorado and file an emergency motion asking the Court to order that your Wife return the children to the state of Colorado. Once you obtain an Order, you will have to have her served in Idaho. Seems like your biggest problem may be locating her. She cannot be served unless you know where to find her.

Health Concern for Daughter Taken by Wife

Health Concern for Daughter Taken by Wife

I need help. I’m lost. my wife of a little over a year left the state with my 8 month old. She has a heart murmur and is missing important appointments by leaving what can I do to make my wife bring her back? I’m concerned for her well being.

Unfortunately, since your baby has been residing in another state for over 6 months, pursuant to the UCCJEA, jurisdiction now rests with that state as it is now the home state. You will need to contact a lawyer and file an action in that state.

Should I pay for a car that was given to me?

Should I pay for a car that was given to me?

My mother gave me a car when I was married with my wife and it was in both of our names on the title. It said E. Hurd or A. Atha-Hurd. She moved in with another man that had a car and I did not have a car so I went to the dmv and got the title in my name and got the car key and went and got it. Should I have to pay her for the car that my mother gave me? I pay her $100.00 a month for the car when it was given to me.

If there is no court order requiring you to pay her, don’t worry about it.

Late Child Support Payments

Late Child Support Payments

Thank you for your wonderful website! My wife receives child support from her ex, which by court order is due on the 15th of each month. Since October of last year he has been consistently late, sometimes not paying until the next month, and repeating the same again the following month However, as in years past, he is always able to come up with all of the money in full by the last day of the year (he pays it to the Support Registry, so we don’t really know for sure what day he paid, but have assumed he made it under the wire) if it is a year he claims the 10 year old child on his taxes (He was awarded alternating years to claim her IF he is current on his child support). My question is, if he didn’t pay in full by the 15th of December per the court order, IS he actually current by legal definition by supposedly paying in full at the end of the year? Along that same line, if he is consistently late, is there any recourse? He quit a full time job making 43k a year to go back to school and work only part time, and now has been fired from that job (because he was unwilling to work evenings and weekends) and is unemployed as far as we know (just student teaching supposedly for his teachers certificate, and therefore doesn’t have an employer to garnish against anymore). Quite frankly, this guy is the typical “guard house” lawyer, interpreting the divorce decree and subsequent revisions in whatever way suits him. He is always careful to read the decree and look for loopholes (there are many) and do whatever he wants. We are constantly bombarded with new interpretations, and are tired of the battles. Please help us? Thank you again. from Colorado.

If the x-husband has paid all child support due and owing by December 31st he is current for that taxable year, and thus, able to take the deduction.

Although he is consistently late, if he eventually pays up, I wouldn’t file a contempt, since it is costly and time consuming.

If he is consistently late and that causes your wife hardship, it may be worth filing a contempt citation.

If he is unemployed and doesn’t have wages to garnish, you can garnish his bank accounts or lien his house, if he has these assets.