Legal Question in Family Law in Colorado

Adultery Vs. Bigamy

Couple marrys in NY, Moves to Colorado, During Birth of 2nd child-03/00, wife suffers embolism leaving her slightly brain damamged and disabled physically. Husband gets live in ''nanny'' to care for children and disabled spouse.

Nanny now preganant with Husbands child (due November 2001) Nanny given guardianship of couples children in the event of husbands death. Nanny previously married, not known if divorced.

Does nanny have any claim to couples finances due to this forthcoming child?

Does husband have unquestionable rights to make decisions for and about disabled spouse and their 2 children? Does disabled spouses immediate family (parents) have any rights on behalf of their daughter and grandchildren. Most important if pursued, will disabled spouse loose claim in financial standing and custody of children to husband.

Thank You


Asked on 7/27/01, 3:25 pm

1 Answer from Attorneys

Re: Adultery Vs. Bigamy

You raise more issues than can possibly be answered

in a brief response. The nanny can sue the H for

paternity and child support. This will adversly

affect the prior children because most child support

statutes are now mandated by federal law to be

based solely upon the gross income of the non custodial

parent without regard to other children. Your

daughter can easily lose custody because she is

unable to care for the children. If custody is lost

she will also suffer in the alimony/maintenance award because

the H is now going to be the sole support of the

children and he will have precious little money

left after taxes and raising the children to pay

alimony/maintenance

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Answered on 7/30/01, 8:31 am


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