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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32113
Experience:  JD, 16 years legal experience including family law
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According to family law in Colorado, must a motion for Modification

Customer Question

According to family law in Colorado, must a motion for Modification of custody or decision-making responsibility be filed BEFORE a Motion for appointment of a child and family investigator be filed?
Submitted: 4 years ago.
Category: Family Law
Expert:  Tina replied 4 years ago.
So your daughter does not reside with you, but you are attempting to modify the order of custody so you are the custodial (residential) parent?
Customer: replied 4 years ago.
That is correct. However, I do not wish to engage in a custody battle unless the CFI recommends that I have residential custody. I am trying to get the CFI with out having to retain an attorney, however I would hire one if the CFI is in my favor because attorney's have told me that judges rule in favor of the CFI most of the time.
Expert:  Tina replied 4 years ago.
Unfortunately, the CFI is someone appointed by a court to provide a recommendation to the court only when there is a motion or petition properly pending before the court.

You cannot first request the court to appoint a CFI when there is nothing currently pending before the court. It will lack jurisdiction over the matter. Courts have no jurisdiction unless there is a controversy properly before it. The only way to institute a proper controversy is through as motion or petition.

The motion for appointment would be dismissed for lack of jurisdiction in this situation.

Best regards XXXXX XXXXX

Tina

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Customer: replied 4 years ago.
I don't understand because what I did was file a motion. What can be done then to obtain a CFI?
Expert:  Tina replied 4 years ago.
But you filed a motion to appoint a CFI. The court has no jurisdiction to consider that motion unless there is an underlying motion or petition. I'm sorry, but that's the botXXXXX XXXXXne involving civil procedure in any court in the U.S.

Take care.

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Customer: replied 4 years ago.
OK so his attorney was correct that I must file an underlying motion. Now I understand that. But since I do not need the Motion for removal,what motion needs to be filed? Would it be a Motion for Modification of Parental Responsibility? Would I put in that motion that I to change parental responsibility to me instead of him?
Expert:  Tina replied 4 years ago.
You do need to file a motion to modify parental responsibilities. That is correct. Then the court would have jurisdiction to appoint a CFI, which you can request the court do in your motion to modify.

An experienced paralegal might be very helpful at this point to assist in drafting and filing the appropriate documents.
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32113
Experience: JD, 16 years legal experience including family law
Tina and 5 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.
Is there a service through Just Answer where I can get help with drafting a motion?
Expert:  Tina replied 4 years ago.
No. That would likely be construed as engaging in the practice of law, which we are not permitted to do by the various state bar associations.

The state and local bar associations can provide you with attorney referrals. The yellow pages should also provide information on paralegals in the area.

All the best to you.

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