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: 105 Answers
- This Year: 25 Answers
- Last 30 Days: 13 Answers
Q. Married & moved to Colorado on military orders August. Got divorce papers december. Want to take my child home. What now
A: If there is a Colorado case regarding custody pending, you will need permission from the court to leave. You are not allowed to take the child from Colorado while the custody or divorce case is pending. You will need to make sure that you ask the court for permission to move out of state with your child. You should also raise the issue of your son's well being in terms of the girlfriend and custody. Regardless of where permanent residence is, the court can exercise jurisdiction over your child if your child has been here 182 days or more. If you leave without permission there will be serious consequences. Thus, gaining permission is vital. Though a court will not likely let you go while the case is pending, if you are the primary caregiver you have a reasonable shot at being able to move with the child as part of the final orders from the court.
Q. If I filed custody papers before my daughters father can he try and file behind my back?
A: He can try to file his own case. If he does and if you are served with those papers, you would seek to have his case dismissed in your response by indicating that there is already an existing case.
Q. My husband has main custody of his kids and went to jail . What can I do to keep the kids? Mother has visitations
A: If your husband is in jail and the mother takes action, it is highly likely the court would give her custody. You don't necessarily have legal rights to the kids. If the other side does nothing, there is an argument that your husband has the right to dictate who the kids are with during his time, even if he is in jail. If the other side fields a motion to modify the orders, there is a decent chance they would win. Why he is in jail also matters. If he is only in for a few days you/he may be able to hang onto the kids.
Q. My husband lives in a different state. Would I be able to legally move my children to a different state without his perm
A: The issue in this case is whether your move to Texas is geographically significant as relates to parenting time. Also relevant is whether there is actually even a court case filed. If there is no court case filed regarding your children you are free to go. If there are already orders in place, you will need to file a request with the court. That being said, as your husband does not even live in Colorado, a court would very likely grant your request.
Q. I have majority time share w/ my 3yo in CO. I want to relocate back to my state but have court order parent share.
A: Regardless of the specific facts, you will need to file a motion to modify parenting time which also contains a request for relocation. This type of motion is filed pursuant to CRS 14-10-129. With the father receiving 108 overnights per year, or in any case, seeking relocation is generally the toughest battle one might face in a family law case. The domestic violence and the fact that he is on probation would not necessarily be huge factors in the eyes of the court. That being said, you may have other factors in your case which a court might find compelling as a basis to let you leave Colorado with your child.
Q. sibling rights?
A: There are no sibling rights in a Colorado custody case. Siblings might have the right to intervene in a social services case stemming from allegations of abuse or neglect. That being said, there are no statutory provisions granting specific rights to siblings.
Q. Can my ex keep me from my son if there is not court order but we have a notarized agreement
A: Yes. Unless an agreement is made an order of the court, it is not enforceable. As such, your ex can, unfortunately, legally keep your child from you. You will need to file a court case and get orders to have any real power in this situation. The agreement, though not legally binding, would be, at a minimum, evidence to be used in a custody case. A court may even be willing to adopt the agreement as an order.
Q. At what age do opposite sex children have to stop sharing a room?
A: There is no statute on this subject and there is no set rule stating that children of the opposite sex cannot share a room. Courts might start to have concerns as kids start to reach puberty. On the other hand, there can be situations in which finances dictate accommodations, meaning some people may not be able to afford multiple bedrooms. Though sharing a room may not be optimal, sometimes it can be reality. Each case will be looked at differently.
Q. So I didn't know I could say no to signing a mediation agreement . how do I go back on having signed it ! I wasn't aware
A: In most cases, courts will view a signed mediation agreement as being binding. However, there are instances in which a court might choose to not adopt such an agreement. If the agreement relates to finances and there was inadequate financial disclosure a court might negate that agreement. If the agreement is grossly unfair as relates to property, alimony, etc., a court might void the agreement. If the agreement includes child support or custody terms which are either contrary to statute or truly not in a child's best interest, the court may also void such an agreement. A mediator is not going to provide legal advice, but most mediators will inform parties that they can be bound to an agreement they sign.
WEBSITES & BLOGS
Website: Stephen J. Plog's Website Profile
Website: Plog & Stein P.C. Website
Blog: Denver Divorce Attorney Blog
Is Your Property Your Property After Your Colorado Divorce? International Child Custody Disputes in Colorado Investment Income and Colorado Child Support Colorado Custody: Motions to Restrict Parenting Time GAPS IN COLORADO FAMILY LAW STATUTES (Part 3: Divorce) Planning a Summer Vacation Under a Colorado Child Custody Order GAPS IN COLORADO FAMILY LAW STATUTES (Part 2: Custody and Visitation) GAPS IN COLORADO FAMILY LAW STATUTES (Part 1: Child Support) Pledging Separate Property as Collateral for Marital Property Loan in Colorado