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Colorado Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I pay child support and my ex claims she "forgets" to let me talk to my daughter and it's been a month. What can I do?

My ex pulls this on a regular basis knowing that I don't have much contact with my daughter because I don't have the money to go see her. My ex has been like this for years and nothing is ever been done about it and I'm tired of always getting the short stick when it comes to it like... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 26, 2020

If there is a court order allowing you contact time, then you can enforce it. If there is not, you can file an action for a court order. It sounds like jurisdiction is in Iowa, however for parenting time matters because that is where the child is.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Where can I find voluntary parental right termination forms?

We have had permanent guardianship of a boy who is not biologically related to either of us. His parents have been out of the picture for a while now and we want to adopt him. I would like to send them both a form to voluntarily terminate their rights to make the process go smoother.

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

There is no form. It is possible for a parent to agree to terminate parental rights if there is another fit person, usually a step-parent, available to adopt them. However a court proceeding is required and a court would have to approve the request. If you have guardianship through a juvenile court... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: is it considered best interest of the child to be with their mother instead of daycare?

I have joint custody of my children part of the week. My ex husbands babysitter quit and I would like to watch the kids on Fridays (not a school day for them and i work from home). He is denying me that possibility (he has a narcissistic personality and I feel is a way of controlling and hurting... Read more »

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

Although there is no automatic right to care for a child during another parent's parenting time simply because the other parent has hired a babysitter during their work day, you could request a modification based on the best interests of the child if you can show that your availability is... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: Custody is 50/50. Primarily reside with me.

The child is currently in a daycare not approved by both parents. Am I allowed to take my child out of daycare since we both have custody but only one person made that decision. And it's not even daycare. Is some woman's house that has six kids living in there. Am I legally allowed to go... Read more »

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

You can take your child during your parenting time if you have a court order. However, as far as whether you can take your child out of daycare that you did not both agree to, if it is not during your parenting time, then you can not. Often parties have joint decision making for major decisions and... Read more »

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: The mother has already asked me to pick up the daughter this weekend. How do I get custodial rights while she is in jail
Sean Maye
Sean Maye answered on Nov 11, 2020

The answer to your question technically depends on what your current custodial rights status is and the circumstances surround yours and the mother's custodial agreement. However, a Court would not likely contest a lawful parent gaining custody of their child while their other primary... Read more »

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2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: My niece lives in New Mexico and has a warrant for her arrest for burglary she has an 8-year-old daughter and the dad's

Not in the picture. Can I go pick the daughter up and take custody of her?

John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

No, you have no basis at this time. You could consider bring an case in NM, depending on their laws. However, I doubt there is a basis. Perhaps the mother will consent to her daughter being with you.

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1 Answer | Asked in Child Custody, Family Law and Appeals / Appellate Law for Colorado on
Q: I was approved for legal assistance but they didn't have a family attorney available to represent me, where to help

I've been going through a custody case where my daughter's mom is using my current moment of unemployment due to unforeseen back surgery. Her and her attorney have made false accusations, one after another and having a super biased magistrate and no representation, they have succeeded in... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

At this point, you may need to retain your lawyer privately, not through Legal Aid. They are not really set up to help everyone who needs it.

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: I havent seen my daughter in 3yrs. I pay child support and the mother makes excuses to not let me see her. Help.

The mother has more financial help from her husband and to top it off gets a substantial amount of money from tax returns (has 3 kids) she took off with my daughter(4yrs old) to Ohio for 3yrs and just recently married and moved to Iowa. My daughter was born in south dakota and when the mom left I... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

IS THERE AN EXISTING ORDER RE PARETING TIME? IF SO, YOU SHOULD SEEK TO ENFORCE IT. IT MAY NEED TO BE MODIFIED IF THE DISTANCE MAKES IT IMPRACTIBLE TO FOLLOW. GIVEN YOUR DAUGHTER'S AGE, IT IS LIKELY ANY VISITATION WILL BE WHERE SHE LIVES-SO YOU MAY NEED TO GO THERE FOR THE VISITS.

IF...
Read more »

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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: I am living in an emotionally abusive household, can I legally leave before I turn 18?

In my household I’ve been trying to do everything right and take care of myself and others. My parents are emotionally abusive, and gaslight me every time I get upset. I’m seventeen now and I have a place to go if I leave but my parents say they’ll call the police if I go through with... Read more »

Cindy Perusse
Cindy Perusse answered on Oct 28, 2020

I'm sorry to hear how you are feeling in your home. You are not "emancipated" or legally an adult in CO until you are 18 years of age. You can become emancipated before 18 if you enter the military, get married or if the court to grants you emancipation. Parents are legally... Read more »

2 Answers | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: Are braces for a child covered under child support?
John Hyland Barrett III
John Hyland Barrett III answered on Oct 22, 2020

This depends on your child support order. You should have a lawyer review yours and advise you.

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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 Family Law and Child Custody for Colorado on
Q: What is the difference between a CFI and a GAL? I’m confused

Which one is better? Who goes into more detail to benefit the child? Child is young, 6 years old this is a high conflict custody.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 8, 2020

A CFI is a "Child and Family Investigator". This is person appointed by the court to investigate the situation na give recommendations to the judge about a disputed custody issue. The CFI is usually a mental health professional or an attorney. The parties are usually responsible for... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: My wife filed for divorce and is refusing to let me see our 11 year old son. Yesterday after I emailed her if we could

sit down and come to a fair and agreeable parenting schedule, she filed a restraining order against me, essentially eliminating any contact with my son. The court date for the protective order is Oct. 8.

What options are available to have this bogus order lifted prior to the Oct. 8 court... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 22, 2020

It is probably not possible to get it lifted before the hearing. You need to be prepared for the hearing and should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: If my daughter gets her GED and moves in with me, do I still pay her father child support?

My daughters father had her get her GED about a year ago at age 17 instead of letting her finish high school. She moved in with me in April and turned 18 in June. My check is still being garnished to pay child support. What should or can I do?

John Hyland Barrett III
John Hyland Barrett III answered on Sep 22, 2020

Child support is payable until age 19. You can file a motion to modify support based on her change of residence. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Child Support, Criminal Law and Domestic Violence for Colorado on
Q: no custody arrangments, im now out of state my ex has child is reg. SO. what can i do to see that I get time with my son

i have no $ because it goes to child support

John Hyland Barrett III
John Hyland Barrett III answered on Sep 16, 2020

You can file an action for allocation of parental responsibilities assuming the child lives in Colorado. Other states may have different name for a similar custody case. The court will establish a parenting time schedule for you. You should get a lawyer for this.

1 Answer | Asked in Child Custody for Colorado on
Q: I have a 9year old daughter with my ex. We have a signed custody plan giving him supervised visitation since she was 2

However he has not seen her in over 3 years and now wants me to just let him pick her up and take her for unsupervised visits. My question is what would be the best thing to do in this situation? If we go back to court for visitation rights what are the chances he will get 50/50 custody of her? We... Read more »

Cindy Perusse
Cindy Perusse answered on Aug 26, 2020

You need to do what the order from the court says to do. There was a reason his parenting time was supervised. If he chose not to exercise that time with his daughter that is not your problem. You need to do what is in the best interests of your child. If the father wishes to have parenting... Read more »

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can I obtain child custody jurisdiction under the UCCJEAA when ex-spouse is military?

The non-custodial parent is a military service member who's home of record is where the initial custody case was determined. However, they have not lived in that state since 2016. Custodial parent and child have relocated to another state. Neither party physically live in original state. Can... Read more »

Cindy Perusse
Cindy Perusse answered on Aug 25, 2020

Under the UCCJEA, the court that originally issued the custody order keeps jurisdiction over the case unless: 1. all parties no longer reside in the issuing state 2. the issuing state finds that the parties no longer have a connection with the state and evidence for the case no longer available in... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: i have tried to get legel aid to respond to my request for help in custoy case for my son. no one has call

what should i do, court is on the 24th of aug.

Cindy Perusse
Cindy Perusse answered on Aug 20, 2020

Go to the hearing and do your best to tell your side of the story. If you don't go the other person could get everything they ask for.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: How do I file a motion based off this bill to see if I can get my daughter back. She has been in the system since 2012.

Rights we're terminated in 2015/2016 I believe. And she is still not been adopted. Given back to state 3 times. I have bettered myself got sober and regained custody of 2 other children. I don't have money for lawyer and I would like to try to file papers on my own. She is in custody of... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 7, 2020

You would have to contact the Department of Human Services given that your rights have been terminated. They could initiate an action on your behalf if the determine that you have taken the steps that you need to parent effectively.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: My sister has custody of my child (8) and my child has expressed that she wants to live with me. How can I go about

honoring my childs wishes? Without having to make it hard on my child?

John Hyland Barrett III
John Hyland Barrett III answered on Aug 6, 2020

This would need to be approved by the court which granted custody to your sister. How this may happen may depend on exactly why she was granted custody. You should get a lawyer to help you with this.

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