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Colorado Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I’m a single mother to a teenage, special needs son. I’m looking for child support and a parenting plan.

Father and I have never been married, never been to court, have zero agreement. Recently, father started paying $300 a month in child support, although I have 100% parenting time. Father can afford more but is unwilling to pay more or help with groceries or utility bills, doesn’t pay for... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 19, 2022

You should file a court case to get these things in place. Child support can be set based on the respective incomes of the parents. A parenting plan can be established in accord with the best interest of the child. You should get a lawyer to help you with this.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I move out of (CO) state with my son?

We have joint custody and I have primary custody. Parenting time is switch every 2 weeks. My relocation would be to Texas for better living and because I would be able to buy a house there. Our son is 11turning 12 in May.

Sabra M. Janko
Sabra M. Janko answered on Jan 17, 2022

You would have to have the other parties cornet or a court order.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you get in trouble if petitioner doesn’t provide correct address to receive response?

Custody case I tried mailing response but person did not put full/correct address on court papers but paper were filed in court.

Sabra M. Janko
Sabra M. Janko answered on Jan 9, 2022

A person has to be accurate with their address with the court and failing to do so may be a false statement or it may be an inadvertent mistake depending on the inaccuracy. Also, people often are not aware that they have an obligation to update their address if they relocate.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Me and my wife loss custody to our 3 children it's been 3 years now do we start visitation or go for custody

my question is do we go for custody or does it start with visitation

Sabra M. Janko
Sabra M. Janko answered on Jan 9, 2022

It depends on what you mean by lost custody. If your parental rights were terminated then you have to go through the Department of Human Services to request reinstatement.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Colorado on
Q: What if a court order is impossible to complete ?

I got divorced in Colorado and have been ordered reintegration therapy to have contact with my children however I live in Florida. To have therapy the therapist must be licensed in both states this is impossible to find and if I did find a therapist willing they would be in violation of the law... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 6, 2022

Yes, you can file a motion to have he court modify it's order. Your motion should propose a solution that is possible and that will meet the court's initial concerns. You should get a lawyer in Colorado to help you with this (assuming the order is from the Colorado court).

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: To see my son in utah

Me and my ex-wife were divorced four years ago there’s a family plan in place here in Colorado we moved to Utah three years ago where she resides today I was out here in Colorado now we split up she has threatened to have me arrested if I show up at the residence. She has had me arrested before... Read more »

Sabra M. Janko
Sabra M. Janko answered on Dec 29, 2021

I am sorry to hear about your situation. It is unclear where you reside and where the child resides. In any event, if she is violating the court order, you can enforce it. Colorado has continuing, exclusive jurisdiction, however if all parties are no longer in the state, a party can petition to... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can my ex give his parenting time to his new wife while deployed?

I have primary custody of our son. My ex recently got married right before his deployment and is now saying that he is giving his parenting time to his new wife. I was under the impression that when he deployed I had temporary full custody. Is he legally allowed to give his parenting time away?

Sabra M. Janko
Sabra M. Janko answered on Dec 21, 2021

He can request that. A fit parent is considered to be able to delegate his or her time. However, the delegation is not automatic. You can contest it as not being in the best interests of the children, if that is the case. He also would have to file with the court to modify the current plan if you... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: how to get support order from evasive father. process started 3x since 2016

first attempt in 2016 included a dna test from guy i was married to at time of birth, not the father but because i was married they told me to leave father part blank on his birth certificate. this attempt was instigated when i was approved for tanf after having to leave our home due to my mothers... Read more »

Sabra M. Janko
Sabra M. Janko answered on Dec 16, 2021

You can contact child support enforcement for assistance in child support matters. If you have already contacted them, they are the agency who can answer questions about what has happened in your case.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you find out why the other attorney for the petitioner withdrew from the case?

The motion to withdraw presented by the other parties attorney doesn’t say why. Is there a way to find out why they withdrew? Especially when they were winning?

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

The attorney can not disclose the reason for withdrawal due to client confidentiality.

1 Answer | Asked in Child Custody for Colorado on
Q: If my child goes to a preschool that is off on Fridays, what are her weekends with her father on every other weekend?

Friday 6:00 to Sunday 6:00, or Thursday 6:00 to Sunday 6:00

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

It depends on your agreement or the court order.

1 Answer | Asked in Child Custody for Colorado on
Q: custody case CO Father in Mi Mother in Co, Mother wants to move to MI, does this rewuire request to relocate?

Father currently is restricted from visitation per jefferson county court

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

Generally if you are relocating closer to the other parent, no request or court permission is required. However it sounds like this case has a history and each case is unique depending on what has happened.

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: I have a status conference coming up. It's in regards to a relocation request by the other parent whom moved already.

How should I prepare. Why do we need to have a status conference? She was just found in contempt for not abiding by our current order. She's already filed her request and I filed my response opposing it. Why can't the judge just make the call?

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

The parties have the right to present evidence so relocation matters are decided after an evidentiary proceeding. The status conference is to check the status, however based on the history of the case, the court will be intending to discuss some particular aspect that would have been previously... Read more »

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Filed a motion. Ex didn't respond in 21days. Order published on 23rd day. Ex responded to order? What will Judge do?

21 days to respond to motion by CO law. Judge granted request to modify, Ex submitted letter stating opposition to the modification. Will Judge ignore or consider the response?

Sabra M. Janko
Sabra M. Janko answered on Dec 13, 2021

Generally at this point, the court will just go with its order. It is now to late to respond. He could move to reopen the action in limited circumstances such as not receiving the motion. Though here because he did respond a few days late it seems as though he did receive the motion.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Do the courts go off of your income you were making at the time of separation for child support, or time of final order

My fiance and his ex are in the process of finalizing there custody agreement, she refuses to get a job that pays above min wage, but at the time of there separation she was making about the same amount he was making, which in the original agreement it would've made cs 50/month.. that was not... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Dec 7, 2021

The court will use the actual current number UNLESS the court finds that she is voluntarily underemployed. That may be the case if she has the ability to make a higher wage. If so, the court can use what she could be making. Your fiance should get a lawyer to help him with this.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: What do I need to start a divorce case including child support and custody in Colorado
Sabra M. Janko
Sabra M. Janko answered on Nov 15, 2021

You should have an attorney assist you in filing a petition for dissolution with children and to guide you through the process of negotiation, mediation and possibly litigation.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Colorado on
Q: What can I do if my ex wifeletting my 11 year old son drive a motor vehicle with he’s 6 and 5 year old sisters in ca

Can I get custody of my children

Sabra M. Janko
Sabra M. Janko answered on Oct 27, 2021

The legal standard for a restriction on parenting time is endangerment. The best way to establish endangerment is with a Department of Human Services investigation. If you believe that the child is being abused or neglected, you can make a report to the Department of Human Services.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What can i do when one of my witnesses wants to withdraw from testimony, after being harassed?

Im in Colorado. I i have a final orders hearing in my custody case on oct 13th. Ive entered my witness list and now my babysitter wants to withdraw from being called as a witness because of retaliation from the petitioners family.

Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

You can subpoena her which means that she will be in contempt of court if she does not testify and she can report harassment to the police. She can also choose not to respond to contacts from people engaging in harassing behavior. Whether you want to put her in the position of having to testify is... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I have a court order to split children for taxes but they spend the majority of the time with me. How do I change that?
Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

You could file for a modification of child support based on a substantial and continuing change of circumstances if that is the case. The tricky part for a tax issue is that substantial and continuing means that there has to be a plus or minus 10% change in support. You may have tax options that... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How would I go about terminating parental rights?

There is no father listed on the birth certificate. There is no paternity established or being established.

Sabra M. Janko
Sabra M. Janko answered on Sep 30, 2021

You would have to establish paternity first. Then you would have to have a stepparent available to adopt the child, or you would have to have a finding of abuse or neglect on the art of the other parent and a period of time where the parent would be given the opportunity to rehabilitate.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do if I know my coparent lied on a motion to the court, on a contempt motion against me?

I have a text that says I could watch the kids and he would pick them up at 350pm that afternoon.

John Hyland Barrett III
John Hyland Barrett III answered on Sep 21, 2021

You can present this evidence at the contempt hearing. Depending on what it is, it may or may not help you. You should get a lawyer to help you with this.

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