Brock Richard Wood

Family law attorney with over 30 years practicing law. Expert, caring, and zealous representation in Colorado divorce, child custody, and child support cases. Affordable representation with multiple options to hire.

If you are facing a divorce, child custody, or child support case in Colorado, get the advice of a lawyer before you begin to prevent costly mistakes. I offer a free, 45-minute telephone consultation. I will tell you what your rights are, what your options are, and the most cost-effective way to proceed.

Is it possible to work out a settlement with the other party? I can help you negotiate a settlement that is fair, that protects your rights, is practical and workable, and prevents expense time fighting in court.

I focus exclusively on divorce, child custody, and child support cases. I do not handle any other type of case. You need an attorney who is laser-focused and experienced in just the law of your case.

You can call for a free telephone consultation even before a case is filed.

• Child Support
• Child Custody

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  Free 45-minute telephone consultation. Speak to an experienced family law attorney and get your questions answered. Know your options, your rights, and the next steps in your case even if your do not hire me.
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Colorado

Colorado Supreme Court

ID Number: 35693

Since 2004

Virginia

Virginia State Bar

ID Number: 30102

Since 1989

Of Counsel

Van Der Jagt Law Firm

2010 - 2013

Highly motivated of counsel attorney at boutique Denver law firm focused solely on divorce, child custody, and child support cases.

University of Richmond School of Law

J.D. (1989) | Law

1985 - 1989

Honors: Am Jur award in Remedies.

Aurora Bar Association

Member

2020 - Current

Activities: Member of metro Denver municipal bar association.

Colorado State Bar  # 35693

Member

2004 - Current

Colorado Bar Association  # 255079

Member

2004 - Current

Activities: Active member of the largest, private bar association in the State of Colorado.

Q. When having a person served papers do you have tp use a process server or sheriff.

January 25, 2023

A: When serving process on a person in Colorado under Colorado Rule of Civil Procedure (C.R.C.P.) 4, any person who is a US citizen 18 years of age or older can be the process server. That person can be a private process server, a Sheriff's deputy, or even a friend or relative of the party to the case who wants service of process accomplished. After serving process, the person serving process then fills out an "affidavit of service" or "return of service" document that a party to the case files with the court. Service of process means the process server gave you legal "notice" of the case by putting the papers in your hands or by giving the papers to someone else who is authorized to receive service of process for you (such as a receptionist at a work place), or by leaving the papers in your presence.

There is one person who CANNOT be the process server: The process server CANNOT be a party to the case. Your ex would be a party to the case (a divorce case, I assume). Your ex cannot serve papers on you if the papers require "personal service of process".

Now, the above being said, you said your ex was hand-delivering papers to "restrict your parenting time". Did your ex file a motion to restrict parenting time under Colorado Revised Statutes (C.R.S.) Section 14-10-129 in a case that was already filed? If so, your ex simply has to provide you with a copy of the motion that was filed with the court. Your ex can do so by hand delivering the papers to you. Your ex can also do so by sending the papers by US Mail, or even by faxing the papers to you. There is no "personal service of process" requirement, where a person other than your ex has to put the papers in your hands and then file an affidavit of service with Court, if the papers are just a motion to restrict parenting time filed in a case that has already been opened.

In a divorce or child custody case, "personal service of process" is a special kind of serving of papers that is required, usually, only for the initial petition for divorce or child custody OR if someone files a motion for contempt of court. Other motions and filings, after the case has started, generally do not require "personal service of process".

In general, it is best to not argue in front of the judge about a service of process issue if you have ACTUAL notice of the papers the other side filed with the court. The judge will think you are more concerned with technical issues instead of the child's best interests and safety. If your ex handed you copies of papers your ex said were filed, even if your ex had no authority to hand them to you, go to the court and find out what the deadlines are in the case and what court orders have been issued in response to your ex's filings.

In general, if the other party filed a motion to restrict parenting time, a hearing will be held within 14 days of the date the other party filed the motion. See Colorado Revised Statutes Section 14-10-129. A motion to restrict parenting time is a "fast track" court process because a parent's right to contact with the child are requested to be cut off. Find out what has been filed and what the allegations are and what the next court date is as soon as possible. ... Read More

Q. After the CFI report has been filed, and the magistrate said supplemental/rebuttal report needs filed within 14 days…

January 24, 2023

A: You can always challenge the CFI's conclusions and recommendations if you believe that a third party told a lie to the CFI and the CFI relied on that lie in coming to a conclusion or recommendation in the CFI's report. If you are filing a rebuttal document, make sure to attach the relevant documents that prove that the statements made by the third parties are not true.

That is the logic you should follow: 1) A lie was told, 2) to the CFI, and 3) the CFI relied on that lie (perhaps referencing it in the report) when the CFI states a conclusion or makes a recommendation.

When you say the magistrate said that a "supplemental/rebuttal report" should be submitted within 14 days, was the magistrate referring to you writing that report or you hiring your own expert and then having your own expert do a "peer review" rebuttal report? A 14 days deadline is awfully short if the magistrate intends for you to get your own expert.

You can always challenge the lies told to the CFI at the final hearing using your witnesses and documents. Make sure you call the CFI as a witness at the final hearing. If you do not, and the CFI does not show up, the CFI report still comes into evidence as the statement of the CFI but you have no way to challenge the CFI on his/her conclusions and recommendations.

One way to challenge the lie told to the CFI is to bring it up to the CFI on examination or cross-examination at the final hearing. You say, "Mr./Mrs./Ms. CFI, you stated in the report that you based your conclusion about [insert issue here] in part on the statement of [insert name of lying third party here]. Would your conclusion or recommendation be different if that statement turned out to be false? Would it surprise you to learn that the statement by [lying person] is not true? In fact, the real truth is [point the CFI to a document or a witness statement]. Based on the real truth you have just learned, do you have a different conclusion or recommendation to make?"

Like that. ... Read More

Q. I’m in a custody case what form is it to get a default judgment order so I can have the other person drop from case.

January 24, 2023

A: In Colorado, you can ask the court to set a "default judgment hearing" if the other side just goes "radio silent" like this. At a default judgment hearing, the other side may be limited in the evidence they can put before the judge because the other side has not complied with any of the rules or filed a response. That puts you in a favorable position as your evidence will be the majority (or all) of the evidence the court looks at.

If the other side is the mother of the child (and you are the father), then the court will not "drop the person from the case". The court may completely side with you and give you a very favorable outcome, but the mother of the child is a "necessary party" to a child custody case and cannot be "dropped". Now, if the other party is a third party of some sort, such as a grandparent, relative, or some other person with a connection to the child, but the person is not a parent of the child, it may be possible to have that person dismissed as a party to the case. Talk to an experienced Colorado child custody attorney, explain the facts of your case in detail, and get his or her advice on what your options are.

Each court has discretion to handle this situation as the court sees fit. In my experience, most judges in domestic relations cases in Colorado will try to get the other side to respond before resorting to a default judgment hearing. The court may issue what is a known as a "delay reduction order" with a deadline to get the other side to file a response, provide financial disclosures, and otherwise comply with the rules and the court's orders.

If the other side fails to comply with requirements in Colorado Rule of Civil Procedure (C.R.C.P.) 16.2, you have the right to ask for "sanctions" under C.R.C.P. 16.2(j):

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(j) Sanctions. If a party fails to comply with any of the provisions of this rule, the court may impose appropriate sanctions, which shall not prejudice the party who did comply. If a party attempts to call a witness or introduce an exhibit that the party has not disclosed under subsection (h) of this Rule, the court may exclude that witness or exhibit absent good cause for the omission.

--- snip ---

This is a powerful tool because you can ask the court to not let the other party use witnesses or evidence at a hearing that the other side should have revealed previously. Again, you have an advantage when your witnesses and evidence are the only witnesses and evidence the judge looks at.

Another thing you can do is file a "motion to compel" to get the other side to disclose financial documents if the other side is failing to do so. If you have an attorney, the attorney can ask the court to order the other side to pay your attorney fees associated with writing and filing the motion to compel. The court will decide whether to grant the request for attorney fees.

You should consult with an experienced Colorado child custody attorney, explain the facts of your case in detail, and get his or her advice on the next steps to take in your case. ... Read More