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Colorado Child Custody Questions & Answers
0 Answers | Asked in Adoption, Child Custody and Family Law for Colorado on
Q: If you want to adopt your spouses child and don't know the father is. is it a stepparent adoption or normal?

My husband wants to adopt my twins but the issue is my ex who we thought was the father isn't and it's the person who SA me and he was never found. So how do we go about it is it still a stepparent adoption or normal adoption? We have no clue all the paperwork or anything that we need to do.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can me and the witness wave the 14 days of a subpoena being served
John Hyland Barrett III
John Hyland Barrett III
answered on Apr 12, 2024

Yes, if the witness agrees.

0 Answers | Asked in Adoption and Child Custody for Colorado on
Q: Would allowing reconnecting with estranged paternal side cause for him to get custody?

I have in almost 8-year-old child with a man I was never married to he has been estranged from her life for 4 years and not seen her in over two he never provided any support for her or had her in his custody alone for more than 1 hour. He currently lives with his parents and siblings his sibling... View More

0 Answers | Asked in Child Custody, Family Law and Child Support for Colorado on
Q: Non offending parent is being denied to take his child home

The mother of my child was found to be using during part of the time of her pregnancy. I was unaware of this use. She was honest with me about this in the hospital. I told her we needed to separate for the time being and I was going to get a lawyer to gain temp custody to assure the safety of our... View More

0 Answers | Asked in Child Custody, Family Law and Child Support for Colorado on
Q: Non offending parent is being denied to take his child home

The mother of my child was found to be using during part of the time of her pregnancy. I was unaware of this use. She was honest with me about this in the hospital. I told her we needed to separate for the time being and I was going to get a lawyer to gain temp custody to assure the safety of our... View More

0 Answers | Asked in Child Custody and Family Law for Colorado on
Q: What is the best outcome of receiving half custody of my daughter after recovering from addiction?

I can provide concrete evidence that attests to my completion of a comprehensive rehabilitation program, as well as my continued engagement in outpatient groups and therapy sessions. I have consistently undergone random urine analysis tests on a weekly basis for a period of around eight months. I... View More

0 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Father is not the parent child services opened the case against. Can he take our baby home without question ....

The hospital I gave birth at found a substance in my babys umbilical cord. They have not shown me any proof such as the results from his cord talk. They made a report to child services and now child services has opened a case against me. Because the father is not involved in my mistakes or wrong... View More

0 Answers | Asked in Family Law and Child Custody for Colorado on
Q: If Child services is evaluating me (the mom) Can they keep the father from taking home our baby if he is sober, working

The hospital has told me they found a substance in my newborns umbilical cord. However they never showed me the results. Because of there findings they have decided to file a report with child services and now child services has opened a case against me. If the case is against me and the father has... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My ex took me to court and claimed I had a drug problem, proved her wrong through UA's. She was made sole decision maker

And has our daughters 80 percent of the time. Their mother got a boyfriend who has a known drug problem and sold drugs. He has been to rehab three times and is around my children 80 percent of the time. How do I go about taking her back to court to prove that the girls aren't in a safe... View More

Steven  Visser
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Steven Visser
answered on Feb 5, 2024

It sounds like you are looking to restrict Mother's parenting time due to the situation with her boyfriend. If so, then you would need to file a motion describing what is occurring. In other words, your motion would have to contain facts and information that the children are in imminent... View More

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I was ordered in custody court to take weekly random UA’s and have the results reported to my co-parent…

My co-parent and I were never legally married, and he was in fact, just recently released from parole. He hasn’t given one UA, nor provided results of any of his UA’s to the courts while I have submitted at least 42 clean ones. I feel violated being ordered to now take weekly random UA’s and... View More

Sabra M. Janko
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answered on Dec 30, 2023

If you were ordered to take weekly UAs, it was for the safety of your clild. Congratulations on having clean UAs. The best thing that you can do is continue having them. If you do, when the court is satisfied as to the safety of the child, then the court will modify the order requiring that you... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: Can my daughter's father prevent me from going to nursing school and getting my BSN?

My daughter's father and I have 50/50 joint custody. I will get my associates in April in pre nursing. I told him I'm applying to schools right now for my BSN. In order to get my BSN, I need to travel to complete clinicals out of state as there are no local clinical locations. I asked if... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 29, 2023

Without knowing the specifics of where this other school is, what you're proposed schedule is, and how much it disruption this will be in the child's life, It is impossible to actually answer this question. You have expressed your question as to what your daughter's father will... View More

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1 Answer | Asked in Child Custody for Colorado on
Q: after contempt of court is in effect what else can you do to get your child back

can i suspend visitation or put in an emergency restrict of parenting time motion into the court? my son is 13 and refuses to come home because his dad told him that iam a fellon, which is true however this dosen't effect my parenting our son, I was a fellon when we had our child it was never... View More

Sabra M. Janko
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answered on Dec 28, 2023

I am sorry to hear about your situation. You do not have the authority to restrict another party's court-ordered parenting time absent safety concerns that you can support with evidence and even then you would have to request a modified order from the court related to that.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: In Colorado, can the JDF208 request for state pay for a professional be hidden from opposing party during e-filing?

If so, what document upload category in the e-file system would hide it from opposing party? I know it will be hidden from public view, but I don't want opposing party to see my financials.

Sabra M. Janko
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answered on Dec 17, 2023

There is no way to file a document without the name of the document being visible in the docket. Court filings are public records so there are no secret filings that only the court can see. You can request to seal a document, however because the actual application for state payment is not visible... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: When a temporary court order is vacated does the original order go back in place?

My child's father and I have had a parenting plan filed with the court since 2011 where I am the custodial parent and he gets visitation every other weekend. After an argument I had with my 18 year old my son went to his father's and was not returned. After being gone for 3 weeks his... View More

Sabra M. Janko
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answered on Nov 26, 2023

If the court completely vacated the temporary restriction, then the original order goes back into place. However sometimes the court will vacate the restriction but implement new provisions so you want to make sure that you completely understand any order that was a result of the emergency motion.

1 Answer | Asked in Adoption, Child Custody and Family Law for Colorado on
Q: Can my 15 year old transgender sibling choose to live with me without me having to fight my dad for custody?

My dad is extremely LDS and does not give my autistic sibling freedom to explore their gender or sexuality. I'm worried about how this affects their mental health. I live in Colorado and he lives with my siblings in Idaho. My sibling has expressed before that they want to live with me. Do I... View More

Michael Joseph Larranaga
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answered on Nov 6, 2023

While I do not know the laws in ID, I would think that if your sister is a minor and has not otherwise been legally emancipated, then your father remains her legal guardian and can make decisions on her behalf including where she lives.

That being said, if there is clear physical or mental...
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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Am i able to get custody of my step son?

My step son was born in mexico mom has not been involed in his lfe for a little over 2 yrs i am married to his bio father

Sabra M. Janko
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answered on Oct 27, 2023

If biological Mother has abandoned the child then you can apply for stepparent adoption. Biological Mother must be informed of the action and receive the opportunity to be heard. If she consents then the process is much easier than if she contests. In my experience biological parents who have not... View More

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: If I get child support from my kids dad and I've had her always but never had custody arrangements can he come take her

I've had her her whole 6 years of her life, he's had her stay the night once. He pays me child support through the county. Her address is my address, all of her stuff is here and she doesn't want to go.

Sabra M. Janko
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answered on Oct 9, 2023

It sounds like you need an allocation of parental responsibilities (child custody) order. Without one either of you have access to the child. The fact that he pays support does not give him a superior right to the child.

2 Answers | Asked in Divorce, Child Custody and Health Care Law for Colorado on
Q: Can I request food logs from my wife’s lawyer concerning my daughter’s metabolic disease PKU her levels continue to rise

Oh haven’t seen my daughter in 210 days because my wife is manipulating the system in order to have sole custody and decision making. In those 210 days my daughters lab results have been consistently rising and it’s causing concern. Just wondering my options. I can’t afford an attorney but... View More

Sabra M. Janko
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answered on Sep 30, 2023

You would be better off attempting to obtain medical records rather than attempting to make a medical determination yourself. The records are protected by HIPPA, however as a parent you are entitled to the medical records of your child which you can obtain from the medical facility itself.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: the father of my child never got legitimize moved of state for better Medical care for a relapse of multiple sclerosis

Since I’ve been in Colorado state, after visiting the child’s father has filed for the legitimization, sole custody and child support in the county where he resides . I was served a hand delivered summons of him requesting legitimization, sole custody and child support . The summons that I... View More

Sabra M. Janko
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answered on Sep 30, 2023

He would have filed a petition or motion to which you have 21 or 35 days to respond depending whether you are in state or out of state. This is where you can provide your position about anything that you believe is wrong about his information.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: In the middle of custody trial, ex asked for primary custody.

I have maintained primary for 10 years (our son's entire life). We live in different states and I was given primary interim custody. I have no personal issues or concerns and have always been a great parent. Our son is doing great. What is the likelihood the judge would entertain his request... View More

Sabra M. Janko
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answered on Sep 14, 2023

If there is already a court order, unless you have relocated since the last order, he would have to show endangerment to change primary parenting time.

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