Stephen J. Plog
- Family Law
Jurisdictions Admitted to Practice
|Plog & Stein P.C.|
|Quinnipiac University School of Law - Quinnipiac University||J.D.|
|Honors: American Jurisprudence Award, Legal Writing|
|New Mexico State University||B.A.|
|Honors: Also completed coursework towards general government degree and supplemental pre-law minor.|
|Member, Douglas/Elbert Bar Association|
|Member, Colorado State Bar|
- Overall: 92 Answers
- This Year: 12 Answers
Q. I'm 66 retired get only social security about $1,500. a month I'm on medicare my wife works makes around $4,300'
A: Based on the facts you present, aside from the fact that you should be entitled to share in the marital property, you do state facts which would likely support an award of alimony, maintenance, to you.
Q. We never got a marriage license but had a ceremony, do we have to get a full divorce or is there a simpler option?
A: If you went through a ceremony and have been living to gather and holding yourselves out as husband and wife, a divorce will need to be obtained, regardless of whether you got a marriage license.
Q. My daughter is wondering if she can get her marriage annulled or if she must get a divorce?
A: As she has taken no action for two years now, she will likely need to file for divorce. Annulment can be granted in various circumstances, but you have not really stated any of those within your question. If she cannot find him, divorce papers may need to be served through a "publication" process.
Q. How do I get custody of my children if my ex signed over his rights to his mom. What rights do I have if he had custody
A: If your ex has been allocated parental responsibilities and has been granted primary custody, but is now electing to sign over custody to his parents, you have an absolute right to step forward and fight for custody of your daughters. The recognizes you having a constitutional right to raise your children. Hopefully you will have responded to the papers within proper time frames.
Q. I've had my granddaughter for almost 7 months. Can I get custody of her?
A: Once the child is in Colorado for 6 months, and presuming there are no custody orders in Oregon, you, as a grandparent, can seek custody, pursuant to CRS 14-10-123, as the child is not in the care of either parent. Even if there are Oregon orders you may be able to file for custody here, presuming, again, child has been here with you for 6 months. If the mother decides to take part or fight, though it is a best interest standard under which the case would be decided, the court would have to basically determine the mother is unsafe or cannot care for the child.
Q. How do I file an expedited enforcement of custody determinations?
A: You would need to look into getting an attorney in the state where your child is to deal with the temporary emergency guardianship. You could, should, also file a custody case in Colorado to try to get orders established here, including orders regarding return of your child. Thus, you may have to take legal action in both places.
Q. I would like to know at what age can a kid choose to live. He wants to live with me the dad not mom afraid over there
A: There is no magical, or statutory age at which a child gets to choose. Once children start reaching 14, 15, 16, etc., courts will be more inclined to put great weight on their wishes. If the child is afraid, that is another aspect that should be looked into. If child resides primarily with mother, technically, you would have to be able to prove child is in physical or emotional danger to get a change in custody. More factors would need to be known to fully answer this question.
Q. Can my ex girl friend legally take my child out of state
A: If there are no court orders in place, she can legally take your child out of state. With no court orders, there are no criminal repercussions or anything of that sort for her. If she is planning on leaving, but has not yet left, if you file and serve her with custody papers she cannot just leave and will get into trouble with the court if she does. If she has already left CO, you should file something before she is gone for 182 days or more. If that time passes without you filing, CO would lose jurisdiction to deal with custody issues. If she recently left, you may also want to consider filing a motion to make her bring the child back.
Q. Wife changed locks on home and denies access
A: You have the right to file for divorce. As part of the court proceedings, the court can enter orders regarding access to the home, the ability to gain possessions, etc. With her making $650K per year, and you being the party who stays home, you likely also state a case for receiving maintenance (alimony). Once a divorce case is filed, you will not be able to come back to the home absent permission or a court order.
WEBSITES & BLOGS
Website: Stephen J. Plog's Website Profile
Website: Plog & Stein P.C. Website
Blog: Denver Divorce Attorney Blog
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