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Colorado Child Custody Questions & Answers
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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1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: if my ex and I filed for custody and divorce, how would the custody be dismissed and us not notified?

i have been in the process of modifying the custody/parenting plan when i found out that we did not have a custody agreement on file. we filed for a civil divorce and custody at the same time. why would the custody be dismissed and is their a possibility the divorce was also dismissed?

Sabra M. Janko
Sabra M. Janko answered on Aug 5, 2020

Courts send copies of any orders issued in the case to the parties attorneys or the addresses provided to the court by the parties. You can also check with the court Clerck's office. In some locations you can sign up for electronic filing which will allow you see everything in your court case... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is an rv parked in a walmart parking lot an appropriate housing arrangement for a father/daughter (6) to live?

My ex moved from an apartment into an RV with only one bedroom parked in walmart parking lot. I feel as if this is an unsuitable living situation for my 6 y/o daughter. He currently has weekend overnights court ordered but I do not feel as if the RV is a safe place for her to stay. If I do not... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 3, 2020

You should file a motion to modify if you are concerned about accommodations, though you risk violation of the order if you do not comply for reasons less than endangerment. Though weekend parenting time in an RV is not ideal when not for the purpose of camping, that alone does not constitute... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: What legal action can I take if being denied parenting time ?

Me and my daughters dad have a judge signed court ordered visitation plan , he has been denying me my visitation and keeping my daughter away from me . What do I do ?

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2020

You can file a motion to enforce or a motion for contempt to enforce the order.

1 Answer | Asked in Child Custody for Colorado on
Q: How do i get emergency contempt of court for daycare/school quickly?

Inshare parenting time 50/50 with my co parent. Literally final orders happened last week. We have a school age child with medical issues, specifically respiratory issues. The final orders state they remain in the same daycare my daughter has been in for 6 years. With Covid the daycare states they... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2020

You can file a motion for contempt or to enforce, however he can also file for a modification of child support if he can not pay. He would have to show a substantial and continuing change in his income. Being laid off may not establish that. You could ask to have income imputed to him and ask him... Read more »

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Colorado on
Q: can a parent take kids away when a custody agreement is in place when there is a non felony court date

This weekend was his visitation and he decided to keep my daughters when we have a custody agreement in place, i was not notified of anything until i contacted him waiting for my daughters to show at the arranged spot and he waited 45 min or more to message me after i texted and sent message over... Read more »

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

It is not entirely clear what happened however if there is an issue of child abuse on your part there are situations where you could be prevented from contact with the children.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: 2 days after my son was born my now husbamd was not ny hubby then signed a paternity acknolagement Now he's saying he

Did not apply for his parental right he only stated that he was the father, so now that we're married for 12 years now he says if we divorce he doesnpt uave to pay any thing on our son because he never applied for hos roghts he only aknolaged that he was his, he is also trying to say that... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jul 27, 2020

Your husband will be considered the legal father of your child because he signed an acknowledgment of paternity and took him into his house as his child. He will be responsible for child support and perhaps spousal support as well. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Education Law, Family Law and Public Benefits for Colorado on
Q: When I am of legal age in the state of Colorado (18) do my guardians have any control over the location of my education
Sabra M. Janko
Sabra M. Janko answered on Jul 25, 2020

It depends on the nature of the guardianship and what it provides for. Usually those past the age of 18 do not have guardians.

1 Answer | Asked in Child Custody, Health Care Law and Libel & Slander for Colorado on
Q: Is it legal to photograph the inside of classrooms when there is no student info in the photos at all?

Are people allowed to take photos inside of schools? Being sure to keep all personal information out of the photo.

Sabra M. Janko
Sabra M. Janko answered on Jul 19, 2020

You would have to check with the school district on their policies, however there is no law that prohibits taking photographs inside of schools.

1 Answer | Asked in Child Custody for Colorado on
Q: 50/50 custody. Ex-wife moved with son out of state. Son is 12 and wants to live in CO with Dad. Can the mom refuse?

There is a parenting plan which the ex-wife hasn't fully complied with. Their son lived in CO his whole life and in IL the past 2 years and has expressed to his mom that he doesn't want to go back. Does the mom have the final say so

Sabra M. Janko
Sabra M. Janko answered on Jul 16, 2020

The current plan is what is enforceable. If you would like to request a change you can request a court modification to the order.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: what can I do to protect my relationship with my daughter?

my 11 yo daughter has court ordered visitation with her grandparents. problems have been active from the beginning. they constantly tell my daughter untrue and horrible things about me. ask her questions about living with me. and took away my role in my daughter upbringing. my daughter and I's... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 16, 2020

If you feel that the best interests of the child warrant a change in the visitation, you could request that.

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.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Me and my ex have a 3 month old in CO. I want to take her to AL for 2 weeks to meet my dad. Do I need his permission?

We were never married and we have never done any legal custody stuff, I just let him see her whenever he wants too, which isn’t very often. When I asked he said no just to spite me saying he never wanted her to ever see my family. Do I need his permission or can I take her to meet my dad anyway?... Read more »

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

Generally unless you have filed for dissolution or an allocation of responsibilities, either parent can travel with a child, however one parent can not withhold a child from the other.

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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