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Colorado Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Colorado on
Q: Can I move out of state for job offer if I have full primary an legal custody, and mother already moved to iowa?

I live in Colorado And have primary and legal custody the mother was defaulted on divorce and relocated to Iowa 7 months ago before divorce was final. She has no visitations the 1st year and only the summer after if she has a place to live being basically homeless now. I have a job offer in CA .... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

Under Colorado law, if the move will substantially change the geographic ties, then you must have her consent or a court order.

1 Answer | Asked in Child Custody and Criminal Law for Colorado on
Q: My 16 yr son is on probation can I send him to brother in WV and how do I legally?

He’s on probation for 10 more days his po wont call me back he’s complied with all requests but he’s sneaking out at night he’s getting into trouble with me and I fear he’s only going to get worse. My brother is here from WV and we would all like him to go with him and I need to know how... Read more »

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

This is really more of a criminal law question and depends on the terms of the probation. Often a person can not leave the state while on probation. This is a question for the PO.

2 Answers | Asked in Child Custody for Colorado on
Q: How or what do I fill to respond to a summons of allocation of parental responsibilities? Return of service?wavier?
Cindy Perusse
Cindy Perusse answered on Jul 1, 2020

You can accept service by mail and sign the waiver of personal service and send that back to the Petitioner. That does not waive any of your rights to parenting time. You will need to file a response to the petition. You can do that through the free forms provided by the co judicial website... Read more »

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: I found out my son's father was at home doing drugs while my son and I were camping. I want him out of the house and ful

custody. My son's father is an alcoholic and very irresponsible. I don't even want to leave him unsupervised with him. What steps do I need to take next?

John Hyland Barrett III
John Hyland Barrett III answered on Jun 18, 2020

You can file an action for Allocation of Parental Responsibilities. The court can then determine parenting time and decision making responsibilities. You should get a lawyer to help you with this.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My ex isn’t in my son life.

My ex and I weren’t married at the time of my child’s birth. His name is on the birth certificate but my son doesn’t see him as his father. My ex left the state for 3 years, only recently returned, has not been paying his child support, and never asks me if he needs anything.i have been my... Read more »

Cindy Perusse
Cindy Perusse answered on Jun 9, 2020

If there is no court order granting him parenting time and you were never married to him then he has no legal rights established as the father. You can move out of state.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Can I dispute a custody jurisdiction change request if I still live in the state that has current jurisdiction?

My family was all living in Colorado. My ex-wife and I got a divorce in 2018 (Colorado Jurisdiction), and she moved back to Chicago, IL with our children. We have joint decision making on everything, and I am supposed to get them every 1st and 3rd weekend of the month, but I have not seen them... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 1, 2020

The state where the child has lived for the last six months is the child's home state for jurisdiction.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: My ex and I have a parenting plan in place effective early 2018 (50/50 custody and decision making), she filed another

Motion to modify in 11/2019. Doesn’t Colorado have a statute against someone filing this much within 2 years? he also filed an emergency motion to restrict parenting, judge ruled in our favor. Is this frivolous behavior accepted by the court?

Sabra M. Janko
Sabra M. Janko answered on Jun 1, 2020

A motion for a change in majority time parenting can be filed every two years, although the initial order does not count towards the time limit. As far as a motion for restriction, more is needed than just the fact that he did not prevail.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Motion to dismiss?

Can I file a motion to dismiss if my ex filed another motion to modify parenting tine within the 2 year Colorado statute? In addition he filed an emergency petition to restrict parenting, at the hearing the judge ruled in my favor, basically told him he didn’t know what emergency meant. He is... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 28, 2020

A motion to modify can be filed in a shortened period of time based on endangerment. It is not clear how the motion to restrict relates to the motion to modify. If sounds as if he may have lost the motion to restrict and is now filing the motion to modify as a second opportunity to allege... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Colorado on
Q: Are there rights to a child as a step family?

A deceased family member helped a significant other raise a baby from the time the child was 2 years old. The family dedicated a lot of time to the child when the mother did not especially when she left him with the step family for weeks on end. There was no official adoption.. now that the family... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 28, 2020

If the step family cared for him for at least six months no longer than six months ago, the step family may have standing to intervene and to ask for custody. However, if the parent is fit, this will be an uphill battle. If the parent is not fit, and it sounds like she may not be, then the step... Read more »

1 Answer | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: How do I go about a divorce with a child involved and a parent that doesn’t want to agree on anything?

My husband and I have been separated for 2 years now. We don’t have a custody agreement but child support was put into place before we were married. (He has never paid that so it’s come out of my taxes since we’ve been separated) so since we have separated we decided to have our son for two... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 27, 2020

You can negotiate, mediate or ask the court to decide. You will each have the opportunity to present the parenting plan that you believe would be in the child's best interests and to present evidence to support your positions.

2 Answers | Asked in Adoption, Child Custody and Family Law for Colorado on
Q: Can a step parent adopt my child after ex refuses visitation and contact with my child? I have proof of my attempts.

I haven’t seen my child in a few years. my ex agrees to parenting time then cancels last minute, I call almost every night and am ignored. I send clothes or whatever I can to support my child under these circumstances. The last time I spoke with my child was last summer after visitation was... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 27, 2020

You can respond with evidence that you have not abandoned the child. You also always have the right to file a motion to enforce parenting time or for contempt if the other parent is not complying with a parenting time order.

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1 Answer | Asked in Divorce, Appeals / Appellate Law, Child Custody and Constitutional Law for Colorado on
Q: I originally got a emergency protective order against my ex wife. She responded by claiming a false domestic abuse card.

I assumed that I was to stay away from her by x amt of ft And knew I was not allowed to call her. We had twins.I emailed her a non-confrontational email. Explained that I did not want to go threw a bitter divorce and basically would become victimized in order to make sure my twins had a well... Read more »

Charles William Michaels
Charles William Michaels answered on May 11, 2020

First if you and your ex wife each have attorneys, it usually is the rule to communicate to her attorney and not directly. Second, Double Jeopardy is a criminal principle and doesn't apply here.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Hearing is in 6 days and my ex just now got a lawyer. We already had our pre hearing in April. Is that allowed?

We filed our case Dec 3 2019. We went through mediation and pre hearing with the judge already. This is a child custody hearing. Is she allowed to get a lawyer so late in the process? Also she claims my supervised UA's are not sufficient and wants a hair follicle test now. I do not see how... Read more »

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

A person can retain a lawyer at any time. If one person in a court proceeding has an attorney, then the other should seriously consider doing so as well. You are right that a personal opinion is not sufficient to support a hair follicle test. She should be introducing some evidence as to why the UA... Read more »

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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Hello I lost custody of my daughter about 4 yrs ago because I got into some trouble .( Never in trouble before this)

I've been clean , her father and I get along and he said he will sign whatever he need to give me back my parental rights. Could you tell me , What papers do I need to file with the courts. what's steps do I take to get my parental rights back. Thank you

Sabra M. Janko
Sabra M. Janko answered on Apr 29, 2020

That is good that you have improved your situation. There is not paperwork that you can file. However, a county department of social services or the child's guardian ad litem may file a petition for reinstatement, if they believe warranted. These are the people you should speak with or have... Read more »

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Moved to Colorado 6 month ago w/my boyfriend. Had his baby here. Found out he is cheating on me. Can I move back to IA?

Am I able to take my baby with me back to Iowa without getting in any sort of trouble?

Sabra M. Janko
Sabra M. Janko answered on Apr 25, 2020

Generally, in the absence of a custody order, a parent can take a child where they want. What a parent can not do though is withhold the child from the other parent, as that would be parental kidnapping. Colorado is the home state of the child so any custody action would be filed here until the... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: If I have a hand written custody agreement but its not not notarized is it still legally binding in colorado?
Sabra M. Janko
Sabra M. Janko answered on Apr 25, 2020

If the agreement is signed by both parties it is enforceable as a contract, but not a court order. You could have an attorney draft it into a parenting plan and file it with the court to have it issued as an order.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I allocated rights to my ex, and then he denied me seeing her for a full year,i filed 6 times that year to fix, &nothing

the court is only enforcing visits, when the child should have been returned home to me anyways. He has kept my family and me away from the child for to long

Sabra M. Janko
Sabra M. Janko answered on Apr 23, 2020

It sounds like you may need the assistance of an attorney if you have filed the same action six times. It will be important to look at the last court order and determine whether he is in compliance or not. If he is not, then you can file a motion to enforce. If a modification is needed based on the... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: My ex wife is attempting to keep my children from me I had a positive covid test- no symptoms & 14 days since can she?

It has been 14 days since symptoms already and the Ones I had were mild. She has still been working this while time. We have a 4/3 week split every week. I haven’t seen my kids since the 5th. They are supposed to come home in the 22nd she messaged me today saying she thinks it would be best to... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Apr 17, 2020

The courts have said that people should honor their parenting time arrangements. If you feel your children are safe with you, you should still have your parenting time. You can file a motion to enforce the parenting time. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What do i do with my soon to be Ex husband refusing to give me my portion of the covid-19 stimulus money?

Our final divorce hearing is scheduled for 06/12.It's a high conflict divorce with a spouse who will not cooperate in anything.The funds were deposited into his account and he said he will not release them until the judge makes the divorce decision. With this corona situation my job shut down... Read more »

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

I think this should be resolved at your hearing. It is unlikely that the court will address this before then. Most courts are hearing only emergency matters-this would not qualify. You should get a lawyer if you don't have one already.

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: My child is severely allergic to cats n dogs and has bad asthma. She lives with my exwife in an 1 bedroom

My daughter has really bad asthma and they are always going to the dr. Can I call child protective services

John Hyland Barrett III
John Hyland Barrett III answered on Apr 14, 2020

I doubt CPS will view this as serious enough to intervene. You may want to pursue something in the divorce court requesting a change in the parenting time arrangement. You should get a lawyer for this.

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