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ScottGem · May 8, 2013, 09:25 AM

First, any question on law needs to include your general locale as laws vary by area. Generally residency requirements are 6 months, but it varies.

Who are you in this? If you are in jail, you will probably need an attorney to do the filings for you.

A little more background will help us help you better.

broomhilda1979 · May 8, 2013, 09:33 AM

Originally Posted by ScottGem

First, any question on law needs to include your general locale as laws vary by area. Generally residency requirements are 6 months, but it varies.

Who are you in this? If you are in jail, you will probably need an attorney to do the filings for you.

A little more background will help us help you better.

My son is in Colorado jail baby's momma is in wy. Where she filed and then directly after having him served moved to Colorado. I think she didn't file in Colorado because then the restrainting order on her and her charges of violent domestic and her probation would come up. Can I file for my son or send him the form to do it?

ScottGem · May 8, 2013, 09:39 AM

Yes, you can bring the form to your son, have him sign, and then file the forms with the court.

Since the mother is now in CO, I would ask that the WY case be moved to CO. This has to be filed with the WY court. But it may be doable by mail.

broomhilda1979 · May 8, 2013, 11:45 AM

Originally Posted by ScottGem

Yes, you can bring the form to your son, have him sign, and then file the forms with the court.

Since the mother is now in CO, I would ask that the WY case be moved to CO. This has to be filed with the WY court. But it may be doable by mail.

Isn't it her responsibility to tell wy. She has moved to colo. And once custody is granted for say to her if she was still going through wy. Courts she would not be allowed to take child from that state to another without notification/permission? Or take him from colo. Back to wy.?

ScottGem · May 8, 2013, 01:16 PM

Originally Posted by broomhilda1979

Isn't it her responsibility to tell wy. she has moved to colo. and once custody is granted for say to her if she was still going through wy. courts she would not be allowed to take child from that state to another without notification/permission?? Or take him from colo. back to wy.??

No, because she is NOT required to move it.

It depends on what level of visitation is ordered. If she gets custody with no visitation (because your son is incarcerated), then she is free to move wherever. However, if he is granted visitation, then she can't move if it will change the visitation schedule granted. And being in different states may give her more flexibility to move. For example, If you son is granted visitation on school holidays, well it wouldn't matter much if the son is in WY or TX.

broomhilda1979 · May 10, 2013, 03:10 AM

1.) While in his care, before he was served custody papers, if my son had a noterized letter giving me permission to okay any medical needs my grandson may need in his absence would that give me any sort of custody or gaurdionship for my grandson?

2.) If I have a noterized letter from my son giving me medical right for my grandson and I have his now dr. send off to his other dr. for his shot record does the dose the confidental/privacy act still apply to the dr. we need the records from? Or is he allowed to tell the parents?

ScottGem · May 10, 2013, 03:19 AM

First, please don't start multiple threads over the same issue. I've merged your threads. Knowing the background helps answer these questions.

1) A Notarized letter (preferable a Temporary Guardianship form) can give you Guardianship, not custody. But it would have to be signed by BOTH parents unless only the one parent has SOLE legal custody.

2) Again, if you have temporary guardianship, then you can authorize medical care and whatever that entails. But unless the guardianship agreement shuts out the parents, the physician has every right to contact them.

broomhilda1979 · May 10, 2013, 03:28 AM

Originally Posted by ScottGem

First, please don't start multiple threads over the same issue. I've merged your threads. Knowing the background helps answer these questions.

1) A Notarized letter (preferable a Temporary Guardianship form) can give you Guardianship, not custody. But it would have to be signed by BOTH parents unless only the one parent has SOLE legal custody.

2) Again, if you have temporary guardianship, then you can authorize medical care and whatever that entails. But unless the guardianship agreement shuts out the parents, the physician has every right to contact them.

Sorry I just ask it when it comes to me which is at different times. Thank you so much for all your answers you have been the biggest help to me at this point. Not necassarly what I wanted to hear but what I needed to hear. Thank you again.

broomhilda1979 · May 11, 2013, 12:17 PM

Would Colorado be responsible by law for getting a person in their jail on a criminal matter to a hearing the person has on a civil matter even if it's in the next state over? If not how dose one(who is in jail)go about making sure they get to the cival matter court date?

JudyKayTee · May 11, 2013, 12:22 PM

In my State - NY - the incarceration is cause for postponement. If not, the person's Attorney makes the arrangements.

JudyKayTee · May 11, 2013, 12:23 PM

PLEASE stop opening new threads - asked and answered

broomhilda1979 · May 11, 2013, 12:35 PM

Originally Posted by JudyKayTee

PLEASE stop opening new threads - asked and answered

What do you mean new threads? Also how do I put them togather or whatever it is I should do. This is all new to me so I'm still learning you know. Like why is there a cookie in my computer LOL

ScottGem · May 11, 2013, 12:55 PM

Originally Posted by broomhilda1979

What do you mean new threads? Also how do i put them togather or whatever it is i should do. This is all new to me so i'm still learning you know. Like why is there a cookie in my computer LOL

When you use the Ask button to post a new question that is started a new thread. A thread is the original post (OP) and all the responses connected to it. I already merged your threads for you.

There is a cookie in your computer to feed the gerbils that make it go ;)

Seriously a cookie is a small file on your PC that contains info about your visit to a web site that the site can read when you return to customize the site for you.

ScottGem · May 11, 2013, 12:58 PM

Originally Posted by broomhilda1979

Would colorado be responsible by law for getting a person in their jail on a criminal matter to a hearing the person has on a civil matter even if it's in the next state over? If not how dose one(who is in jail)go about making sure they get to the cival matter court date?

It is also possible to allow him to appear via telephone or a video call.

AK lawyer · May 11, 2013, 01:30 PM

Originally Posted by broomhilda1979

Would colorado be responsible by law for getting a person in their jail on a criminal matter to a hearing the person has on a civil matter even if it's in the next state over? If not how dose one(who is in jail)go about making sure they get to the cival matter court date?

No, the jail or prison in Colorado has no such responsibility.

If the court has scheduled a hearing, it is his responsibility to send an attorney to attend. If it is an evidentiary hearing or trial, and his presence is necessary, his lawyer should make whatever arrangements are necessary to enable him to attend, if possible, or attend by telephone perhaps.

But often times the hearing is not one at which witnesses will testify. In that case, his physical presence is probably not necessary.

If he does not have an attorney, he can submit his position to the judge by letter and perhaps by affidavit. Or, possibly, he could make arrangements to participate by telephone. If none of those things will work, he is essentially out of luck.

broomhilda1979 · May 12, 2013, 02:28 AM

Originally Posted by ScottGem

When you use the Ask button to post a new question that is started a new thread. A thread is the original post (OP) and all the responses connected to it. I already merged your threads for you.

There is a cookie in your computer to feed the gerbils that make it go ;)

Seriously a cookie is a small file on your PC that contains info about your visit to a web site that the site can read when you return to customize the site for you.

Thank-you

broomhilda1979 · May 18, 2013, 10:51 AM

When a parent files for custody does the court do a background check on both parents and is it just the state they filed in or is it a nation wide background check? What if both parents have domestic violence records, who would be the likely to get custody the one with the least domestic charges?

JudyKayTee · May 18, 2013, 11:35 AM

99.9% background checks are Nationwide. (I do background checks.)

The likelihood of getting custody depends on the charges and the dispositions. It varies.

ScottGem · May 18, 2013, 11:59 AM

Originally Posted by broomhilda1979

When a parent files for custody does the court do a background check on both parents and is it just the state they filed in or is it a nation wide background check? What if both parents have domestic violence records, who would be the likely to get custody the one with the least domestic charges?

Again, please stop opening new threads.

This varies by court. So we can't say for sure. If a court decides to do some sort of check it will be turned over to family services.