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Colorado Child Custody Questions & Answers
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.

1 Answer | Asked in Family Law, Child Custody, Child Support and International Law for Colorado on
Q: Does my ex-husband have a chance

Our son is 11 Sep 26 and we reside in CO with me, where the original agreement was established. I have the majority as I can make all major decisions. He pays child support when he feels like it. He owes 28k+

He resides in Saudi Arabia and the UAE is looking to BAN him from the middle east... View More

James L. Arrasmith
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answered on Sep 11, 2023

I understand your concerns and the complex situation you're facing with your ex-husband. It's crucial to prioritize the safety and well-being of your son while considering any changes to your current custody arrangement. Here's how you might approach this matter:

Consult with...
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3 Answers | Asked in Family Law, Child Custody, Child Support and International Law for Colorado on
Q: Does my ex-husband have a chance

He resides in Saudi Arabia and the UAE is looking to BAN him from the middle east for stealing money.

He recently got a lawyer asking that our son come to visit for 3/4 months with him. Current agreement is 6 days a month as he was in the US at the time.Our son is remote learning in a US... View More

Sabra M. Janko
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answered on Sep 5, 2023

If he files a motion for modification or an initial petition for parenting time, you can provide relevant evidence in response, whether it relates to safety concerns or financial matters. Courts do generally want both parents to have contact with children, however absent abuse or neglect.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Colorado on
Q: Can I ask to continue Homeschooling and get child support in divorce mediation? (Colorado)

If my spouse agrees to pay child support/spousal maintenance while I get established in part time work, can this be part of a mediation agreement?

Christopher N. Little
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Christopher N. Little
answered on Aug 7, 2023

Good Morning,

You ask a great question! Generally speaking, parties to cases in domestic relations can be quite creative when it comes to creating terms in an agreement reached at mediation (or even outside mediation). Child support should be approved by a judge (in Colorado it is a right...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: Can I ask my husband to get mental health treatment as part of custody mediation in Colorado?

He has been charged with domestic violence in the past and had a history of problematic behavior. Most recently he has kept our oldest child (12) with him for 6 weeks straight, when previously I had the kids weekdays and he had then weekends. We do not have a custody agreement, we've been... View More

Christopher N. Little
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Christopher N. Little
answered on Aug 7, 2023

Good Morning,

Your question and the related details raise several red flags for me and I highly suggest that you consult with a qualified domestic relations attorney licensed to practice law in the State of Colorado. When it comes to domestic violence and the allocation of parental...
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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: If parents of a 14yr old are separated in the state of CO, no custody agreement yet,who makes decisions of the child?

14yr old is staying at aunts due to leniency, what is the law in Colorado where child stays?

T. Augustus Claus
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answered on Aug 3, 2023

In the state of Colorado, if the parents of a 14-year-old child are separated and there is no custody agreement in place, both parents generally have equal rights to make decisions regarding the child. In the absence of a court order or custody agreement, both parents have legal custody, which... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How much do I have to do for cps

So we just had a child and on the 2nd day cps said they got a call about possible drug use so we had them come to our hone do a visit then since the allegations were about drugs we both gave them clean uas now they want more I'm telling my wife to tell them no but she is so uptight she things... View More

Rebecca Pescador
Rebecca Pescador
answered on Aug 2, 2023

Get legal counsel to represent you and do it quickly. CPS has a great deal of power and they could potentially come and remove the child if the allege a danger to the child. Often, a little cooperation can get you through this without serious legal proceedings. Your wife is not wrong in that... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: So non biological dad and I are Waiting for mediation but he is keeping the kids from me, alienating them from me.

My daughter did a DNA test and she is not his biological daughter. Biological dad did test and now we have results and he is still keeping her even after DNA shows he's not dad. Me and bio dad are in the process of removing him from birth cert but court isn't until September. What can I... View More

M. David Johnson
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answered on Jul 30, 2023

I'm really sorry to hear about your situation. I'm not permitted to give you specific legal advice as the law prevents attorneys from doing so, but I can give you some general advice about how to approach this.

1. Consult a Family Lawyer: You should definitely consult with a...
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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What happens at a default allocation of parental responsibility hearing? How do I prepare?

I am the petitioner. My child’s father has not filed a single paper into our case not even a response. however, he did attend the ISC and mediation. We had a partial agreement in mediation. He still did not file anything even after a delay prevention order was filed. The court just sent out a... View More

M. David Johnson
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answered on Jul 30, 2023

A default hearing in a case regarding the allocation of parental responsibility (or custody, as it's commonly known) generally happens when one party fails to respond or participate in the legal process appropriately. Since the father of your child hasn't filed any paperwork, the court is... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is an unsigned Order any good?

My son's mother, the Respondent, and her attorney filed an Order without any signatures on it. He did this last month and the judge didn't accept it even though one of her staff members stamped it Granted without signatures.

Now it's happened again at 1pm this afternoon when... View More

Craig Valentine
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Craig Valentine
answered on Aug 2, 2023

This is a complicated question, and unfortunately not one that lends itself to an easy answer in this forum. I do see from your question, though, that you have an attorney representing you. Only reviewing the court's case file can tell you whether the order you are questioning is an order of... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is a co-petitioner response considered if the stipulation was signed by both parties, approved and ordered by the court?

Colorado: I filed a Stipulation to Relocate Minor Children with the court, it was signed by both parties, approved and ordered by the judge. My ex then decided after the fact, to file the "response" fighting the stipulation that he himself had already signed. His response is also full of... View More

Craig Valentine
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Craig Valentine
answered on Aug 2, 2023

A Stipulation to Relocate Minor Children is a legal agreement between the parties that outlines the terms of the relocation and is signed by both parties before being presented to the court for approval.

Once the stipulation is signed by both parties and approved by the court, it becomes a...
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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Parenting time interference law in Colorado

Is it parenting time interference if the child's mother schedules activities during the father's parenting time? i.e. The child will be away with the mother on a camping trip during the father's parenting time. The mother already knows that the father is unable to take the child... View More

M. David Johnson
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answered on Jul 30, 2023

Since the law prohibits lawyers from providing legal advice to non-clients, I cannot answer your question specifically, but I can share some general advice based on typical situations.

In many jurisdictions, it is indeed considered "parenting time interference" if one parent...
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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Parenting time interference law in Colorado?

Is it parenting time interference if the child's mother schedules activities during the father's parenting time? i.e. The child will be away with the mother on a camping trip during the father's parenting time. The mother already knows that the father is unable to take the child... View More

Jandi Keum
Jandi Keum
answered on Aug 2, 2023

Hi, based on the information provided, scheduling activities during the father's court-ordered parenting time without his consent and knowledge can be considered parenting time interference. This interference could be a violation of the court-ordered custody agreement or parenting plan.... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My ex is going to rehab for drug addiction. He had informed me that while he's rehab for 30 days or more

that our children will be in care of his girlfriend. We have a parenting plan that's court ordered. What can I do to stop him from leaving our kids with his girlfriend

Rebecca Pescador
Rebecca Pescador
answered on Jun 30, 2023

You need to file a motion with the court to temporarily modify the parenting time while he is in rehab and file it very soon. That is step one. Unless there is something in your orders addressing this kind of situation and allowing your ex to designate someone to "use" his parenting... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: Do I need to stay in contact with my ex when our child turns 18?

My ex is abusive and I was able to get sole legal custody by offering not to receive child support. My ex emails a few times a year to “check in” on our child. I typically respond with short emails that give details as to their health, school progress, and life in general without revealing any... View More

Rebecca Pescador
Rebecca Pescador
answered on Jun 28, 2023

As a general rule, once a child is 18, parenting time orders cease to have effect, though Judges will often consider enforcing the parental communication until the child has graduated high school if the child has not done so by the time they turn 18. Once a child is 18 and has graduated from high... View More

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can my child’s dad change his mind on what we agreed during mediation?

I filed for custody. My child’s father has not submitted a response even though it has been way past 21 days. He has not filed ANY paperwork into our case. However, he has attended the ISC and mediation. During mediation we agreed to him getting our son one weekend per month as we live 3 hours... View More

John Michael Frick
John Michael Frick
answered on Jun 23, 2023

It depends upon the specific language of the written mediated settlement agreement both parties signed at the conclusion of the mediation. Ordinarily, a party cannot change his mind and recant an specific agreement definitively detailed in the signed written agreement. But anything not... View More

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