Fortwith Motion


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Motion for a forthwith hearing and request for change of custody. Was used on a case where mother and father were under a court order for a parenting plan, however mother was refusing father his court order parenting time. In Colorado State District Court.



What is a Forthwith Motion?

A forthwith motion generally means getting something done as quickly as possible. The term should be looked at in context of what is being asked in the court.

A house being sold would have a different timeline than a custody issue. This generally means no excuses and get it done fast.

How Many Days Do You Have to Respond to a Motion in Colorado?

If you are the responding part to the motion, typically the time to respond is 21 days after the service of the motion. Courts can add or lessen this time on a case by case basis.

Each couple is unique in their circumstances. Once the moving party gets a reply they have no more than 14 days to respond back, unless the court states a different timeline for your case.

What is a Motion for Temporary Orders?

A motion for temporary orders is a request used by parties in court where the judge must make a ruling or order. When an attorney asks the court for a temporary order, they are requesting the court grant you specific things on a temporary basis until the court can come to a final decision in your case.

The attorney can only file a motion if you are currently involved in a pending case. Before requesting the motion the court issues temporary orders, you must have filed a petition for dissolution of marriage or a petition to allocate parental responsibilities. These temporary orders will end once the final decision has been made.

How do I File a Motion Response in Colorado?

Once you are served a motion, you have 21 days to respond. To file a response you need to fill out a response form and pay the filing fee. When you file the response you need to state why you disagree with the orders.

There is no need to provide proof of why you disagree, just state that you also think the marriage is over but that you do not agree to all of the terms originally put in the order. This can include a difference in income so then the child support would look different now. Always remember to send a copy of your response to the other party involved and also file the original with the courts.

What is a Verified Motion in Colorado?

A verified motion in Colorado has factual statements within the motion, and a notarized verification in the motion swearing that the facts contained within the motion are true. The court can verify both motions and pleadings. Certain motion documents may require verification before they can be considered by the court. Sometimes a clerk can notarize your documents after you pay the filing fee.

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