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Colorado Adoption Questions & Answers
1 Answer | Asked in Adoption, Animal / Dog Law, Civil Litigation and Civil Rights for Colorado on
Q: If I bought a dog from somebody and they weren't up to date on the shots and I wanted to return the dog and get a refund

And is it illegal to sell a dog without up-to-date shots to somebody

Kristina M. Bergsten
Kristina M. Bergsten answered on Jun 9, 2021

Depending on where the dog came from, it is very likely a PACFA violation. Age could also be a problem (a dog sold too young (i.e., less than 8 weeks old) to receive certain shots is a violation - although dogs do not have all their shots at 8 weeks due to boosters being necessary over a period of... Read more »

1 Answer | Asked in Adoption and Animal / Dog Law for Colorado on
Q: Under abandonment and neglect laws what to do?

Friend drops off dog in January or February of this year. Since then the dogs anxiety of missing owner kicked in forcing us to purchase 2 dog cones by now to prevent excessive licking of paws. Both broke. We've contacted owner saying either to pick up the dog or schedule a vet appointment so... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on May 21, 2021

Take the dog to the vet and send the owner the bill.

2 Answers | Asked in Adoption and Immigration Law for Colorado on
Q: Filing immigrant petition for family member

I'm a green card holder and would like to file an immigrant petition for my sister's child who resides outside the USA. Please how do I go about it and is it possible for a green card holder to do that? Thank you all

Adan Vega
Adan Vega answered on May 9, 2021

As a U.S. resident you can file a relative petition (FORM I-130) on behalf of your spouse and unmarried children. Hence you can not file a relative petition on behalf of your sister’s child. You will have to find another option for your relative.

Best of luck to you.

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1 Answer | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: can CPS take your kids and place them in foster care with nothing other than assumptions?

They took my kids all because they assumed that they werent with my mom, they literally tailed my mom and followed her and they couldnt see my kids through tinted windows. When they did come in contact with my mom, she had them with her, but because she was in my neighborhood (1 block away mind... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 30, 2021

If CPS determines that the children may be in danger, they can place them in foster care. You will have an opportunity in the course of the investigation to explain why you. believe they were not in danger.

1 Answer | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: I'm not on my kids birth certificate an on her mom's watch she's gotten mersa an said she now tests positive for hiv

And says I'm not her dad but either way iv been there since the start. her boyfriends beats her in front of my kid how can I get custody its not safe for her over there anymore

Sabra M. Janko
Sabra M. Janko answered on Apr 16, 2021

I am sorry to hear about your situation. You can file for allocation of parental responsibilities or for a modification if there is already an order. You may have to establish your paternity if Mother disputes it. You should also report to the Department of Human Services if you feel that the cild... Read more »

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: Can the biological father see his son after being absent for 13 years ?

The biological father of my step-son has been absent since he was born he’s 13 now, I met him when he was 10 when I met his mother, we are together and somehow the absent father appear and demands he wants to see him, me and my wife talked about it and we both agree he can see him but only... Read more »

Sabra M. Janko
Sabra M. Janko answered on Dec 15, 2020

It depends on whether there are any current parenting time orders. If not, it sounds like you may want to request orders. As for adoption, if the biological parent consents then you may have a good opportunity. if not, the biological parent has priority, however the fact that the parent was absent... Read more »

2 Answers | Asked in Adoption and Family Law for Colorado on
Q: In the state of Colorado, can i go through the step parent adoption process successfully without a lawyer?

My son is almost 9 and my son's father hasn't had contact with him much over his life. We split up before he was born, he's not listed on his birth certificate, however there was a dna test done when he was about 5 months old by social services to prove relationship for child support... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 27, 2020

Based on this, you may be able to have your husband adopt your son. He will have to prove abandonment/non support by the bio-father. He should get a lawyer for this.

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1 Answer | Asked in Adoption, Child Custody and Child Support for Colorado on
Q: My daughter's father is required to pay child support and has never had a job in the 25 years of his life

His mother has been paying his child support for the last two years, he says the only job he can handle is "selling pot" and has refused to spend his court ordered time with our daughter right up until he found out i was getting married at which time he made false reports to cps and many... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 15, 2020

You have to obey the current parenting plan unless the court changes it. You can file a motion to modify the parenting plan in the best interests of your daughter. I do not see that it is a problem for his mother to pay the child support. Your husband can probably not adopt without the... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Colorado on
Q: Are there rights to a child as a step family?

A deceased family member helped a significant other raise a baby from the time the child was 2 years old. The family dedicated a lot of time to the child when the mother did not especially when she left him with the step family for weeks on end. There was no official adoption.. now that the family... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 28, 2020

If the step family cared for him for at least six months no longer than six months ago, the step family may have standing to intervene and to ask for custody. However, if the parent is fit, this will be an uphill battle. If the parent is not fit, and it sounds like she may not be, then the step... Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Colorado on
Q: Can a step parent adopt my child after ex refuses visitation and contact with my child? I have proof of my attempts.

I haven’t seen my child in a few years. my ex agrees to parenting time then cancels last minute, I call almost every night and am ignored. I send clothes or whatever I can to support my child under these circumstances. The last time I spoke with my child was last summer after visitation was... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 27, 2020

You can respond with evidence that you have not abandoned the child. You also always have the right to file a motion to enforce parenting time or for contempt if the other parent is not complying with a parenting time order.

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1 Answer | Asked in Family Law, Adoption, Education Law and Juvenile Law for Colorado on
Q: Can I get emancipated in my situation? what are the steps I have to take? And how long will it take?

I’m 15 years old I haven’t been going to school for a year now and I also haven’t been living with parents for a year.i have chosen to leave my home because of some Physical abuse and negligence I am currently not going to school because my parents didn’t want to enroll because of family... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 21, 2020

I am sorry to hear about your situation. If abuse has occurred, you might consider speaking to your school counselor about the matter. That counselor could make a report to social services.

1 Answer | Asked in Adoption and Animal / Dog Law for Colorado on
Q: How long before you can keep a dog your watching?

An old friend of ours asked us to watch there dog for a couple of weeks. Since then they have not called or visit to ask or see how the dog is doing. Since then thw dog has ran out of food and we had to go buy more for him. And his behavior is a lot better since we have gotten him. They use to keep... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Sep 23, 2019

Dogs are property under Colorado law. Under Colorado property law, property is not considered abandoned until 5 years have passed. So, until 5 years passes with no contact from the owners - or until they gift or sell the dog to you, the dog belongs to the original owners. You could reach out to the... Read more »

1 Answer | Asked in Criminal Law, Adoption and Child Custody for Colorado on
Q: 18 U.S. Code § 3283. Offenses against children

My son was taken from in maryland when he was 5 years old i did not have a custody order, his mother took him to texas and legally signed over his custody to his granparents without my permission, he is now 26 years old, I have just located him, I would like to know if i can still file a charge... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 13, 2019

I am sorry to hear about your situation. If there was no custody order, then likely there was no parental kidnapping. Absent a custody order or mandatory injunction upon filing a petition, a parent is free to relocate with a child

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: Is it abandonment if he knew about his child and hasn’t contacted me since he found out?

My son is 16 months old. The last time I spoke to his father was four days after I told him that I was pregnant. He was fairly wishwashy about whether or not he wanted to be involved in his child’s life, so I told him that he had my number and to call me when he made up his mind. I never heard... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jun 18, 2019

It may be possible for your husband to adopt your child once married. In order to do so, the father's rights will have to be terminated. Lack of contact and/or support for over 1 year is grounds for termination, if the judge finds it to be in the child's best interests to do so. You... Read more »

2 Answers | Asked in Adoption and Animal / Dog Law for Colorado on
Q: Can the person who found my dog adopt her out without my knowledge or consent?

A lady found my dog and I responded to her but she kept saying she would give me my dog back but then she stopped answering me. Found out she adopted her out without my knowledge or consent. How do I go about getting my dog back into my care? Mind you this was in Colorado and a year ago. I just... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 25, 2018

If she adopted the dog out to a third-party who did not know the situation, in other words, a “good faith” third-party adopter, there is nothing you can do to get the dog back from that third-party, unless you know who it is and you can try to buy the dog back from those people. The only... Read more »

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2 Answers | Asked in Adoption and Animal / Dog Law for Colorado on
Q: how quickly after you surrender an adopted dog back to the rescue are they required to return your adoption fee ?
Kristina M. Bergsten
Kristina M. Bergsten answered on May 17, 2018

There is no law governing this. This is a customer service issue.

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1 Answer | Asked in Adoption and Animal / Dog Law for Colorado on
Q: Can I get reimbursed or sue for adopting a sick dog?

I adopted a dog 3 weeks ago from a shelter. The shelter advertises that the dogs are dewormed and up-to-date on the bordetella vaccination I heard a horror story from a neighbor that they bought a dog from there and he was sick. So we took our dog to the local vet to make sure he was in good health... Read more »

Juliet Piccone
Juliet Piccone answered on May 9, 2018

Probably not; it would depend on whether they purposely lied and would also depend on the adoption contract. As with any sale, pets are usually sold/adopted as is. Even if you could sue, your damages would be limited to what toy paid for treatment, and you'd need a vet to testify it was... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Colorado on
Q: I just found out I have a 9 year old daughter. Should I seek council?

Regardless of what I want, the Mother and her husband are going to seek adoption. Speaking with her lawyers, she will give assurance she won't go after back child support, even though I just found out about this child. I would like to know my options and if I should seek council.

John Hyland Barrett III
John Hyland Barrett III answered on Apr 30, 2018

You should retain an attorney to fully explore your options. Ordinarily, you would have a responsibility to pay child support, even possibly back to birth, and certainly going forward. You may also have the option of being recognized as the child's legal parent and be entitled to an... Read more »

1 Answer | Asked in Adoption and Child Support for Colorado on
Q: My children were adopted by their step father in December 2017. Should I still be paying child support?
John Hyland Barrett III
John Hyland Barrett III answered on Mar 28, 2018

The adoption would have terminated your child support obligation. Therefore, you should not be still paying current support. You are still responsible for any unpaid back support.

1 Answer | Asked in Adoption and Family Law for Colorado on
Q: I am a looking to adopt my step son and strip his mother of parental rights. My fiance and I will be married in July

My son's father and I have been together since he was 1. His mother has not called or seen him since the first few months we've been together. She has missed his 2nd and 3rd birthdays. They have a custody agreement of 4,3,4 (split) but the last time in 2 years and only time she asked to... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 29, 2018

You may be able to adopt him if the court decides she has abandoned him and that it is in the child's best interest to have you adopt him. You should retain an attorney to help you with this

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