Are there any places online to find forms to "set aside termination of rights" or annul/ dissolve adoption for Colorado?
My ex wife took my son directly from school where he was enrolled under me in Arizona, to Colorado after I had him for a year. We already had a custody case which she has sole custody, and I had not filed the temporary papers she signed when I got him back.( wrong I know, but I still have them) I filed for a modification of custody with medical proof of neglect and asked that she bring him back to Arizona. Her response was a protective order, at the hearing the judge granted it, even without anything to "prove" it for 1 year. Now exactly one year later I received a single paper from her(to my correct address), saying my rights were terminated. I called the courts immediately and they said she filed a petition September 5th, only one month after the last hearing, and only four months since she had taken him.
She filed saying she did not know where I was, which my address is the same as on the paperwork filed last year. She did not tell the court my son is a tribal member, ICWA applies to termination of rights, so federal laws requiring the tribe to be made aware were not met either. Colorado statute is the step parent adopting have physical custody for at least 1 year prior to petition date, and that was not met. Another statute is there are no serious medical issues, my ex wife is "severely bipolar" and deemed disabled because of it. The other issue is Arizona being the home state, and filing different things in different states.
Questions: I know I need a lawyer, I have left many voicemails and made many calls. Can one lawyer handle both cases in Arizona and Colorado? If I can prove her wrong, will she get in trouble for it? Jail? Lose custody? Can I let the Arizona court know what she did and see if they can do something?
I have contacted my tribe, I have tribal member documentation, I have the withdrawal slip from his Arizona school in which she signed the day she took him, the enrollment papers have to be subpoenaed, many family members able to verify he was with me we were very close and I am a good parent, the original divorce decree stating neither one of us could leave our county with him, and copies of the court papers filed that she was served with, that also had my address.
I believe my first step is finding a motion to set aside the termination of my rights, and provide proof he was with me, he's a tribal member, and she knew where I was. Does anyone know how to help?
My ex wife took my son directly from school where he was enrolled under me in Arizona, to Colorado after I had him for a year. We already had a custody case which she has sole custody, and I had not filed the temporary papers she signed when I got him back.( wrong I know, but I still have them) I filed for a modification of custody with medical proof of neglect and asked that she bring him back to Arizona. Her response was a protective order, at the hearing the judge granted it, even without anything to "prove" it for 1 year. Now exactly one year later I received a single paper from her(to my correct address), saying my rights were terminated. I called the courts immediately and they said she filed a petition September 5th, only one month after the last hearing, and only four months since she had taken him.
She filed saying she did not know where I was, which my address is the same as on the paperwork filed last year. She did not tell the court my son is a tribal member, ICWA applies to termination of rights, so federal laws requiring the tribe to be made aware were not met either. Colorado statute is the step parent adopting have physical custody for at least 1 year prior to petition date, and that was not met. Another statute is there are no serious medical issues, my ex wife is "severely bipolar" and deemed disabled because of it. The other issue is Arizona being the home state, and filing different things in different states.
Questions: I know I need a lawyer, I have left many voicemails and made many calls. Can one lawyer handle both cases in Arizona and Colorado? If I can prove her wrong, will she get in trouble for it? Jail? Lose custody? Can I let the Arizona court know what she did and see if they can do something?
I have contacted my tribe, I have tribal member documentation, I have the withdrawal slip from his Arizona school in which she signed the day she took him, the enrollment papers have to be subpoenaed, many family members able to verify he was with me we were very close and I am a good parent, the original divorce decree stating neither one of us could leave our county with him, and copies of the court papers filed that she was served with, that also had my address.
I believe my first step is finding a motion to set aside the termination of my rights, and provide proof he was with me, he's a tribal member, and she knew where I was. Does anyone know how to help?
