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Colorado Family Law Questions & Answers
1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Colorado on
Q: By law it’s say you have to be served a dvpo atleast 5 days before hearing

I was served with only 2 business days before the hearing from a out of state 1200 miles away so I couldn’t make it tried calling courts but never got through plus I never got a final judgment notification do I have a appeal case to get it dismissed since it wasn’t properly executed

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Jan 8, 2024

You will likely need to hire a criminal defense or family law lawyer, depending on the specifics of your case. There is a type of motion that may be applicable, depending on how much time has passed and other facts specific to your case. But, as often, time is of the essence since some of your... 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 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 Constitutional Law, Social Security and Family Law for Colorado on
Q: Colorado vital records states that they do not provide long form birth certificate copies.

How can I get this information released to me? I know that I have a right to view my own birth certificate.

James L. Arrasmith
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answered on Dec 11, 2023

In Colorado, if the vital records office states that they do not provide long form birth certificates, it usually means they issue a different version, often called a "short form" or "computerized abstract." This version typically contains less detailed information but is... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Been estranged for the past 49 months and finically strappedDon’t qualify for free legal assistance

Attempting to file on my own but couldn’t afford the legal fee also broke my left ankle since then haven’t revisited in refilling for a legal divorce

Christopher N. Little
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Christopher N. Little
answered on Dec 8, 2023

Hi There,

I am very sorry to hear that you are going through it right now. I understand that you mentioned you do not qualify for free legal assistance. In order to be sure you've exhausted all of your options (or at least made good headway in that direction), please check with Metro...
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1 Answer | Asked in Family Law for Colorado on
Q: I had restrictions put on my parenting time, if I follow all of the mediations set forth,how long before removal?

Child abuse case stemming from alcohol abuse. Parent was able to document bruises and marks NOT CAUSED BY ABUSE but by a 3 year old playing like a 3 year old does.. wobbly and wobbly... and more wobbly.. causing some normal wear and tear on her body, but nothing EVER in the way of a hit or punch or... View More

Sabra M. Janko
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answered on Nov 30, 2023

If this was a restriction in domestic relations court, then you can file a motion to modify parenting time and decision making. You will have to satisfy the court that the child is not in danger due to your actions or environmental situation.

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: My wife passed away in 2021. I just got remarried. How does my new wife adopt the kids? In case something happens to me.
Sabra M. Janko
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answered on Nov 30, 2023

I am sorry to hear about your wife. Your new wife can adopt the children through a stepparent adoption.

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 Estate Planning, Family Law, Real Estate Law and Probate for Colorado on
Q: Caretaker for gmother's home while on market never paid for 6 months until interested buyer, can I b thrown out

Two aunts ,who has done other embarressing actions, also I'm homeless

Anthony M. Avery
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answered on Nov 16, 2023

Whoever has title to the home can sue you for possession.

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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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I have paid the mortgage for 7 years while my husband didn't contribute. Do I need to split the house 50/50 in divorce?

I bought the house in my name. He has never been on the title. I paid the mortgage all 7 years. I have paid all the utilities and he has given me cash for the last 5 years, in an amount that didn't cover all utility costs. I was primarily responsible for all inside cleaning and projects. He... View More

Christopher N. Little
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Christopher N. Little
answered on Oct 26, 2023

Hi there,

You ask an excellent question and you are wise to start looking for appropriate resources to help you have perspective as to what could happen in a divorce and what your legal rights are. The best answer I can give you without more information is "maybe." Domestic...
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2 Answers | Asked in Family Law for Colorado on
Q: Will a Colorado judge order a noncustodial parent to purchase a vehicle and cover the cost of car insurance for a child

Non-custodial parent lives out of state and has no contact with child. Parenting plan does not outline any agreement in regards to providing child with a vehicle. Custodial parent is demanding a car be purchased or else “the court will order it be purchased”

Sabra M. Janko
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answered on Oct 25, 2023

It is not very likely that a court would order a parent to purchase a vehicle or to cover vehicle insurance alone, however at least one court has previously ordered a sharing of vehicle insurance for a teenager. It is not common for a court to order a parent to purchase an item.

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1 Answer | Asked in Banking and Family Law for Colorado on
Q: My son & his family move in with me then asked me to put up my home as collateral on a loan he needed. They got angry at

Me and moved out but asked my other son to move in and pay rent to him so he could keep up the payments on the loan.. I don't want to live with this son and family either.. can I sell my home and pay off the mortgage with the income from the sale.. I'm 62 years old and in good health but... View More

James L. Arrasmith
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answered on Oct 22, 2023

I'm truly sorry to hear about your situation. Generally speaking, if you are the sole owner of the home and there isn't any legal encumbrance preventing a sale, you should be able to sell your home and use the proceeds to pay off any mortgages or liens, including the loan secured by your... View More

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.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My ex tells me that he is retiring next year. I don’t care what he says, the way that our divorce was written in Larimer

In Larimer county, the way that it was written it said nothing about him not paying me when he retired. We were married for 15 years and as far as I researched, Larimer county is the only county that does not follow the states divorce law!

He is a veterinarian who lives in wealth in the... View More

Christopher N. Little
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Christopher N. Little
answered on Oct 13, 2023

Hi There,

I am very sorry to hear about what you are going through right now and what you have been through. More than anything, from your post, it sounds like you are looking for legal representation that is responsive to your financial condition; which is completely understandable. I...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: can I get my money back for a car that was always a gift?

I was a stay-at-home wife for 10 years in 2021 my ex bought me a car as a gift of $750. Per month he made the payments from a separate account it never came out of the joint account I have a joint account yearly statement for 2021/2022 on 7/5/2022 we separated in September I was being forced to... View More

Sabra M. Janko
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answered on Oct 1, 2023

It is unclear where you are in the case. You are required to comply with any mediated agreement or court order. It is also not clear what you mean by the fact that he "put you in debt". A gift can either be to one party or to the marriage so it would be necessary to present evidence if... View More

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1 Answer | Asked in Family Law for Colorado on
Q: Is there a time limit for temporary orders in an APR case?
Sabra M. Janko
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answered on Sep 30, 2023

Generally a temporary orders hearing is requested at the initial status conference. After request, it is scheduled within 60 days. Each county differs in how much time it takes for the hearing to be set.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My spouse's response to me filing for divorce is to ask the court to enter orders on property division and maintenance.

What does that mean? He has an attorney, I'm poor and don't have one. Thank you

Christopher N. Little
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Christopher N. Little
answered on Sep 29, 2023

Great question!

First, I am very sorry to hear that you are going through this; divorce is generally associated with difficult times in folks' lives and I feel for you. To answer your question, your spouse has asked the Court to enter Orders concerning all of the property subject to...
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