Lawyers, Answer Questions  & Get Points Log In
Colorado Family Law Questions & Answers
1 Answer | Asked in Family Law for Colorado on
Q: If a parent has medical decision-making authority, can she require I be vaccinated in order to see my daughter?

The mother of my daughter (custodial parent) is refusing my visitation due to my non-vaccinated status. She states that because she has medical decision-making authority over my daughter, she can require this. I have offered to take a COVID test on the days of my visits and wear a mask but she says... Read more »

Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

She does not have decision-making authority over you and she can not require that you be vaccinated. You are entitled to parenting time by virtue of the court order and she is obligated to allow it.

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Can you ask for Alimony without being married. But have been living together in Colorado for 5 years and have two child?
Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

If you are common law married you can ask for spousal maintenance, however to be considered common law married, you would have to have held yourselves out at married to others.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What can i do when one of my witnesses wants to withdraw from testimony, after being harassed?

Im in Colorado. I i have a final orders hearing in my custody case on oct 13th. Ive entered my witness list and now my babysitter wants to withdraw from being called as a witness because of retaliation from the petitioners family.

Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

You can subpoena her which means that she will be in contempt of court if she does not testify and she can report harassment to the police. She can also choose not to respond to contacts from people engaging in harassing behavior. Whether you want to put her in the position of having to testify is... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I have a court order to split children for taxes but they spend the majority of the time with me. How do I change that?
Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

You could file for a modification of child support based on a substantial and continuing change of circumstances if that is the case. The tricky part for a tax issue is that substantial and continuing means that there has to be a plus or minus 10% change in support. You may have tax options that... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: ls a court summons severed to the wrong person that also does not live here a legal summons?

Saturday afternoon l had a process server come to my door and said do the LaGasse's live here. l said yes. he gave me an envelope and turned around and mentioned my son Joshua's name as he walked away. L don't have very good hearing. lt was a very confusing moment. He did not ask who... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 5, 2021

Service on a family member who lives here is valid. So, IF your son lived there, that would be valid service on him. Since he does not live there, it is not good service. The PROBLEM is that the return of service will state that it was served on a family member who lived with your son. The court... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How would I go about terminating parental rights?

There is no father listed on the birth certificate. There is no paternity established or being established.

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

You would have to establish paternity first. Then you would have to have a stepparent available to adopt the child, or you would have to have a finding of abuse or neglect on the art of the other parent and a period of time where the parent would be given the opportunity to rehabilitate.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do if I know my coparent lied on a motion to the court, on a contempt motion against me?

I have a text that says I could watch the kids and he would pick them up at 350pm that afternoon.

John Hyland Barrett III
John Hyland Barrett III answered on Sep 21, 2021

You can present this evidence at the contempt hearing. Depending on what it is, it may or may not help you. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can i file contempt against my ex-wife for disrespectful communication that goes against our parenting plan?

My ex-wife and i have a parenting plan set up from our divorce 2 years ago. The plan specifically states that communication must be respectful, and she has constantly harassed me over the last year and a half. I have attempted to file harassment charges through our local police department, and as... Read more »

Sabra M. Janko
Sabra M. Janko answered on Sep 7, 2021

It really depends on the exact language of the agreement and "disrespectful" is a pretty vague term. You might try Colorado Legal Services for pro bono legal assistance.

1 Answer | Asked in Family Law for Colorado on
Q: Currently on 50/50 parenting time. Ex is refusing to take kids to school on her time. What can be done? Emergency order?

50/50 parenting plan signed in late 2020. EX says she cannot take kids to school due to work and gas.

Lost on what to do. Kids cannot be missing school.

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2021

I am sorry to hear about your situation. Will your ex agree to allow you to have care in order to take them to school? Can they take a school bus? The children do need to attend school. Generally an emergency involves abuse or neglect so it would be best to look at options outside of an emergency... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Can I ask the divorce court to terminate maintenance payment if it enables my ex to harass/stalk me at my residence?

Should I ask the court to terminate my maintenance payment to my ex when he is harassing/stalking me at my residence? He also wants my life insurance policy money which I think it is a threat to my safety. I have a few monthly payments left per separation agreement, however I have missed some... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2021

I am sorry to hear about your situation. Non modifiable means non modifiable. As far as harassment or stalking, you can make a report to the police or if you are in fear of imminent danger could petition for a protection order.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Help me understand what unless the parties agree otherwise means

What does it mean when the courts say that ? The other parent she’ll have supervised parenting time every weekend for 4 hours. Unless the parties agree otherwise?

John Hyland Barrett III
John Hyland Barrett III answered on Jul 30, 2021

This language means that the parties can come to their own agreement. If they do not agree, then the court order must be followed. So, in this case, there is supervised visitation for 4 hours every weekend, but the parties may agree to some other schedule.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex was pregnant before we met. My name is on the birth certificate because we were married. Can I get my name off?

My ex wife was pregnant before we were married. She had the child after we were married, so my name is on the birth certificate. She has told me that she wants me to have no contact with the child anymore. I am paying about 300 dollars a month for child support. Am I able to get my name off of the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

It is difficult to ask for paternity testing if you did not do so in the course of the child support proceedings. The courts at this point do not have an interest in disproving paternity.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I live in Colorado and my ex filed a motion to appoint a child and family investigator. Can the judge rule immediately?

Do I have a certain amount of time that I am granted to respond before the judge can rule on this motion? It appears that my ex and her attorney filed the motion on July 19th and the Judge granted the order the same day before I even had a chance to respond. Can they do this?

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

You can ask for the opportunity to respond. By statute you have 21 days. If you had participated in the proceedings then you should have been given the opportunity to respond.

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: My ex-husband and I would like to terminate child support and are filling out the form ourselves.

We have a special needs son that we agreed to support as long as he lives in one of our homes. However, child support is going to interfere with Medicaid/SSI (particularly SSI). If we list the reason to support termination as: it is in his best interest as it could interfere with benefits (Medicaid... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 9, 2021

Unfortunately no one can tell you what a court will decide. Child support is considered the right of the child and it is not likely that a court will deprive a child of support so that the child can qualify for public assistance. Additionally the state has an interest in obtaining child support so... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: If I want to marry my 3 girlfriends, can I just have a ceremony, and not register under the law, is that still legal?

I'm polyamorous, and I love all 3 of my girlfriends very very much, but ik polyamorous relationships are illegal, but the law says if your married to someone, you cannot legally marry someone else, so how does this affect that law, and could I be charged for it?

Sabra M. Janko
Sabra M. Janko answered on Jul 1, 2021

You can be common law married to one without a ceremony potentially, but not to more than one. For any illegal act, you can be prosecuted. Whether law enforcement would expend efforts to enforce that law is another matter.

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: I received a settlement offer about child support fm my son's father & I don't know if its the best choice or even legal

The settlement offer is for 1/2 the amount he owes claiming he will pay my son and i a lump sum if I cancel the child support order

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

Whether you accept it is up to you. You are entitled to the full amount - though not in a lump sum.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Hair follicle drug test

You

Well the court ordered hair follicle drug test for both parties because my ex accuse me of using drugs they gave us 30 days to have the results turned in which was June 7 what is the deadline I turn my results in but they ask who accuse me has not even submitted any test results at all... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 12, 2021

If she has not complied with a court order, then the court order can be moved to be enforced.

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: In Colorado is a CFI supposed to be non bias. Can their duties be to only investigate o e party.
Sabra M. Janko
Sabra M. Janko answered on Jun 6, 2021

A CFI is appointed by the Court and must be non-biased. The CFI never evaluates a single party but rather speaks to both parents and the children and makes a recommendation about allocation of parental responsibilities.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What do I do if I feel the magistrate has been bias?

I have had temporary custody of my almost 2 year old for a year and a half. The magistrate keeps pushing out our case. During status conferences she only would address the mother. The mother never did anything the court asked her to. Accused me of abusing her and my son and did not submit any... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 25, 2021

It is difficult to establish bias as it has to be based on more than a disagreement with the magistrate's decisions. You will have to have some independent witnesses if you would like to support an allegation of bias.

1 Answer | Asked in Family Law for Colorado on
Q: My parenting plan was set so my son would have to go stay with his mom in Florida for the summer. We live in Colorado

She has since moved back to Colorado, am I still required to send him to her house For the whole summer even tho it was specified about exercising her time in Florida. She is refusing to communicate about a new plan even tho she already agreed to a new plan (over text) when she first arrived.i... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 20, 2021

It sounds like you need a modification to the parenting plan based on the move. Given that the intent was that Mother should have summer parenting time, you should allow her the time even though she has relocated closer. You can file a motion to modify parenting time to get the ball rolling if she... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.