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My daughter has been in a term relationship with an officer…

Customer Question
My daughter has been...

My daughter has been in a long term relationship with an officer at Ft. Carson. She left a secure job in Az to go with him. Now they have a 10 mo. old daughter together. They are separating and he is trying to get joint custody. He has been arrested in the past for d.v. against her. Hi is also taking most of the belonging that they purchased together.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

No. She makes way less $ then he does. We need to find a lawyer that will be reasonable but effective

Lawyer's Assistant: Family law varies by state. What state are they in?

Colorado Springs, Colorado

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just that she fears for her safety considering his prior violence towards her and fears he will rip her baby away from her. As mentioned, he has assaulted her before.

Submitted: 4 months ago.Category: Family Law
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12/21/2017
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 10,329
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 4 months ago
Since he has been convicted of domestic violence, does he have a chance of getting joint custody and taking the baby to another state?
They have been in a 5 year relationship. They have bought furniture, appliances, and other household goods together. She has raised his 10 year old son for the last 5 years, does she have the right to see him? He has designated her POA while deployed in the past. He is a warrant officer 3 in the US Army.
Does she have Common Law rights in the State of CO?
She left AZ on the promise that they would be married and raise a family together. She had a secure job and amazing benefits that she left on that promise. He has not delivered on any promises. On the contrary, he has been a cheater and abuser. What are her rights concerning their baby, his son and their belongings?
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks for responding bak to me. Generally, the court is required to consider what are in the best interests of the child. They take into consideration the income, likelihood and history of abuse, the living situation, criminal history, and relationship of the child with the parent to determine whether a person gets any custody for the child. In this case, if he has been convicted of domestic violence and has not been present in the child's life, then it is not likely that he would be awarded joint custody. It is possible that because he was in the Army at the time that he may get some custody, but joint custody is extremely unlikely. If he has be unfaithful, the court probably won't take that into much consideration because it doesn't always directly affect the child. On the other hand, his prior actions will. What other questions did you have for me regarding this?

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Customer reply replied 4 months ago
What are her rights concerning common law? Does she have any rights concerning their belongings, He has been in the babies life but is often deployed. He is a deployable officer. His sons wife is deceased.
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

So, because CO recognizes common law marriages, assuming she meets the requirement, then basically she's going to probably have some interest. The common law system provides that property acquired by one member of a married couple is owned completely and solely by that person. So, if she paid for a lamp on her own, then she can keep it. If they paid for a car together, then she's half owner, generally; however, many times couples will try to figure out who owns what on their own in my experience and usually split the difference on big ticket items. Did you have any other questions for me today?

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Customer reply replied 4 months ago
Most couples do figure that stuff on their own, and my daughter would be willing to do that but he isn't. He has threatened to sell her car, that she is paying for, out from under her. He is an active and total narcissist. He had agreed to let her keep the washer and dryer but she said something to anger him so he has changed his mind. This is the point. We don't put anything past him. Up to and including taking the baby and violence against her. He has warned her not to cross him or back him into a corner.
Family Lawyer: Legal Eagle, Lawyer replied 4 months ago

I can understand. It is probably very important that she file for divorce as a common law married couple and have the court set up a custody order and an order regarding property. The court will give them time to work it out, but if they cannot, the court will step in and order the property to be distributed consistent with state law guidelines; meaning that whatever her property was, she will be able to keep it and whatever his property is he'll be able to keep that with the two of them likely splitting the big ticket items right down the middle. If she files for divorce, then the court can set up immediate and temporary orders so she can at least have some peace of mind until it's finalized. What other questions did you have for me today?

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