Legal Question in Family Law in Colorado
final orders coming up
We are set to have our final orders date on the 28th. This is the 3rd date set and she has managed to get a continuance every other time by starting arguments or refusing to agree to previously agreed upon arrangements. Neither of us are represented by attorneys. The current situation is this: she cannot provide any stability for our three children as she has not held a steady job for over 3 mo., has been evicted twice (says its my fault for not paying her support), had utilities cut off, borrows $ to feed the kids, etc. Police have been called to the house, she has tried to assault (unsuccessfully) my girlfriend (we have been apart almost 4 yrs) and cannot be on time EVER for the children or her job. I had agreed to her having the children (3) during the week & with me on wknds until she again lost her job and got evicted. I now will petition to be named custodial parent until she can prove stability. As Final Orders are set for the 28th, I need to know I have all my ''ducks in a row'' so that she can't get another continuance. I am taking my fin. affadavit (don't have one for her), receipts for $ I have given her, a letter explaining the current circumstances, and records of her harrassing text msg's (just in case). Please help
1 Answer from Attorneys
Re: final orders coming up
If you've previously been set for permanent orders and your wife has obtained continuances for all three of them, she has little chance of getting the hearing continued a 4th time, and by now the Judge is probably starting to lose patience with her.
At the hearing, it's a good idea to bring documents to help bolster your credibility. Also, she may try to claim that you owe her spousal support, so you'll want to be prepared on that issue as well. To avoid paying spousal support, you'll want to show how she's capable of working, healthy, her past employment history and wage earning capabilities. You may also want to have your girlfriend appear to testify about the attempted assault. Information about how the kids are doing in school will be helpful for the court, too. Also, given that she hasn't complied with prior orders, you'll want to produce as much evidence on that issue as possible.
If you're able too, prior to the hearing you might want to consult with an attorney for an hour or two to "coach" you on presenting your case and to review the status of your case. You don't need to retain an attorney, but a couple hours' worth of time would be hugely beneficial for you.
Hope this helps!
Christine C. Nierenz, Esq.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
