Questions Answered by Stephen J. Plog - Justia Legal Answers

• 14 May 2013Q: Parenting time addresses specific holidays. Do 3-day weekends count?
  A: Unless the prior orders were specifically changed as to the 3-day weekends, those order would still be in place. By this I mean that if you changed the definitions of Christmas, Thanksgiving, and Spring Break only, that would not change the prior schedule, unless new orders indicated these were the only holidays in the holiday parenting time schedule.
• 14 May 2013Q: Can my husband use my probation on me to keep me in my home with camera system like a prisoner?
  A: No. This sounds like controlling abuse to me.
• 14 May 2013Q: Decree got Finalized in CO other party living in TX during the time of. I moved to GA since then...do the (UCCJEA)apply
  A: Yes. Colorado still has jurisdiction. You could ask Colorado to divest itself of modification jurisdiction and try to transfer case to GA. However, with him being in Colorado, there is a strong argument case should stay here.
• 14 May 2013Q: OTHER PARTY MOVED BACK TO CO AND IS TRYING TO SERVE ME FROM CO AND I LIVE IN GA DO I STILL NEED TO RESPOND TO CO COURT?
  A: If your modification hearing/case was in Colorado and the other party is in Colorado you will need to respond. Even if case is not in Colorado, you should still respond via filing a motion to dismiss the action and explaining why Colorado would not have jurisdiction. I am presuming you mean serve in the sense of someone hadning you papers, which doesn't normally happen in an existing case.
• 14 May 2013Q: Do i have any rights to my child
  A: Of course you do. So long as paternity or maternity has been established, you have constitutional rights to a relationship with your child, as well as statutory rights recognized under Colorado law.
• 14 May 2013Q: What is/was the statute of Limitations on Child sexual abuse in 2003 and prior?
  A: This is a criminal law question that most family law attorneys will not be able to answer. Check with a criminal attorney.
• 14 May 2013Q: What do I need to do when my ex wont let me talk to my son when it is ordered that I get phone visitation?
  A: You have a couple of different options. You could file for contempt of court or you might also consider a motion to enforce parenting time. Though by phone, one could argue it is still court ordered parenting time with you son. A motion to enforce parenting time also affords contempt like remedies. You would need to have proof of her conduct. Presuming you are calling a long distance number, your phone bills should help show missed calls, short calls, etc. Cell bills would be even better.
• 14 May 2013Q: Will Indeed an attorney in the future.
  A: Just because you are married, your husband is under no legal duty at this time to remove his ex wife as beneficiary on these types of property items. He may even be required to leave her on under court orders in his prior divorce case. Keep in mind that unless he titles any of this property in your name, you are only entitled to share in any increase in value during the marriage, not the value that existed prior to then.
• 14 May 2013Q: I filed a motion to modify parenting plan on March 11, 2013 in Colorado. How long does the other party have to respond
  A: Pursuant to statute, and assuming there was not already a contested hearing set in the case, the other party has 21 days to respond. However, though technically, your motion should be granted if they do not, some courts will still go through the process of setting hearings or status conferences to give them a chance prior to granting your requested relief.