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Colorado Child Custody Questions & Answers
2 Answers | Asked in Child Custody and Civil Litigation for Colorado on
Q: Filing for contempt of court in a custody case in Colorado.

I am involved in a custody case where the intervenor has been refusing to allow the respondent mother her court-ordered visitations for the past three months. Additionally, the respondent mother has stopped complying with the court-ordered drug testing for the last 30 days. There is also a paternal... View More

Mark Christopher Smith
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answered on Mar 24, 2025

Yes. You can also file to enforce the parenting time and note that your enforcement efforts include the show cause motion filed contemporaneously with the enforcement motion. All of your enforcement efforts should be preceded by a written request to confer as an attempt to resolve the issue prior... View More

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1 Answer | Asked in Divorce, Child Custody and Family Law for Colorado on
Q: Can we be in contempt if 18 y/o daughter refuses to go to her birth mom's house for one of her parenting time nights?

My recently turned 18 year old step daughter wants to spend one more day per week with her dad and I instead of with her birth mom. There are no mentions in the separation agreement about what age the children will no longer be subject to the parenting plan. Local attorney says we're fine... View More

Christopher N. Little
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Christopher N. Little
answered on Jan 18, 2025

You ask an excellent question and I suspect that a Google search on the issue has produced many conflicting results. Kudos to you for reaching out for professional advice.

As concerns your question, let me first say that no practicing attorney knows the answer for certain. That is because...
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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How can I get approved for a pro Bono lawyer For family court.

I want full custody of my child.

Brock Richard Wood
Brock Richard Wood
answered on Nov 27, 2024

If you cannot afford a lawyer to help you, and you are in the Denver, Colorado Metro area, call Metro Volunteer Lawyers and ask them if they will take your case. Just Google "Colorado Denver Metro Volunteer Lawyers" to get their contact information.

You can also call different...
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2 Answers | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: CPS is involved with my sister’s children. My sister wants to sign custody of her children over to me. Can she do that ?

The youngest child’s father is not involved and never has been and doesn’t want anything to do with his son. The older two children’s Father also will sign custody over to me.

James L. Arrasmith
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answered on Jun 8, 2024

In situations involving Child Protective Services (CPS), the process of transferring custody can be complex. While your sister and the children's fathers may agree to grant you custody, the final decision will likely involve CPS and the court system. Here are a few important points to... View More

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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Colorado on
Q: My ex listed the wrong name of our child and the judge invoked jurisdiction based on the residence of child listed.
Christopher N. Little
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Christopher N. Little
answered on May 14, 2024

Good Afternoon,

From the substance of your question, it looks like you are involved in a legal proceeding concerning your child. Issues related to jurisdiction concerning children are often nuanced. I suggest that you consult with an attorney in the state where the case is at now in order...
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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My ex took me to court and claimed I had a drug problem, proved her wrong through UA's. She was made sole decision maker

And has our daughters 80 percent of the time. Their mother got a boyfriend who has a known drug problem and sold drugs. He has been to rehab three times and is around my children 80 percent of the time. How do I go about taking her back to court to prove that the girls aren't in a safe... View More

Steven  Visser
Steven Visser
answered on Feb 5, 2024

It sounds like you are looking to restrict Mother's parenting time due to the situation with her boyfriend. If so, then you would need to file a motion describing what is occurring. In other words, your motion would have to contain facts and information that the children are in imminent... 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 Child Custody and Appeals / Appellate Law for Colorado on
Q: Appeal custody decision given to paternal grandmother in Colorado?

I am the maternal grandmother, and we are in an ongoing custody battle for my grandchildren. The judge has awarded emergency custody to the paternal grandmother. This decision was made because she had the children for three months after their parents asked her for temporary care while they got... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Colorado, you can file an appeal of the custody decision if you believe the judge’s ruling was not in the best interest of the children or that there were errors in the way the decision was made. However, keep in mind that appeals usually focus on legal errors, not disagreements over the facts... View More

1 Answer | Asked in Child Custody, Domestic Violence and Gov & Administrative Law for Colorado on
Q: How do I confirm service of a custody summons in Colorado?

I filed for custody online using the Colorado EFiling website and received an "Order and Notice of Initial Status Conference," which is set for a specific date. This is the first time I’m handling this without an attorney, and there are no details in the notice regarding service.... View More

James L. Arrasmith
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answered on Apr 13, 2025

To confirm whether the respondent has been served with the custody summons in Colorado, you will need to check with the court. You can contact the clerk’s office where the case is being handled to inquire about the service status. They may have a record of the service or an affidavit of service... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Colorado on
Q: Can dad get more visitation rights without proving sobriety and compliance?

I'm concerned about my ex-husband seeking more than supervised visits with our son. He hasn't been consistently involved in our son's life for more than a few months over the past 10 years and has never parented him or had overnight visits per court order. After a CPS case closed a... View More

James L. Arrasmith
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answered on Apr 13, 2025

Your ex cannot simply demand more visitation rights without showing the court that circumstances have changed and that it’s in your child’s best interest. Judges take past behavior very seriously—especially when it involves missed visits, relapse, domestic violence, and failure to comply with... View More

1 Answer | Asked in Child Custody, Domestic Violence, Civil Litigation and Family Law for Colorado on
Q: How can I legally move my abused daughter from Missouri to Colorado?

I have shared custody over my two children, but they have been living with their mother, my ex, who moved to Missouri in 2021. For two years, I was able to exercise my parenting rights by flying them to Colorado until my ex cut off all contact. Recently, I’ve started communicating with my... View More

James L. Arrasmith
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answered on Apr 13, 2025

Given the situation, the fastest legal way to bring your daughter to Colorado would be to first file a petition for modification of the custody order in the court that issued the original order. This petition should explain the circumstances, including the abuse your daughter has reported and her... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can a case be dismissed for omitting a child's legal name in parental rights filing?

My ex has submitted a case file regarding advocating parental rights without using our daughter's legal name in Douglas County, Castle Rock, Colorado. There are no existing court orders or previous legal agreements between us. I have not yet been served with the papers, which my ex has elected... View More

James L. Arrasmith
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answered on Apr 13, 2025

In most cases, omitting your daughter's legal name in a filing could be seen as a procedural error rather than a reason to dismiss the entire case. Courts usually allow for corrections or amendments to be made to such errors, as long as it doesn’t affect the substance of the case. It is... View More

1 Answer | Asked in Criminal Law, Child Custody and Civil Litigation for Colorado on
Q: Can I petition to drop a criminal protection order before court in Colorado?

I took custody of my wife's grandkids, and after an altercation, a civil protection order was filed against me. I successfully motioned for the civil protection order to be dismissed, but I didn't realize there was also a criminal protection order, leading to my arrest. My next court date... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on Colorado criminal protection order procedures, you can attempt to modify or dismiss the criminal protection order before your court date, but the process differs from civil orders. In Colorado, criminal protection orders are issued by judges as part of criminal proceedings and generally... View More

1 Answer | Asked in Child Custody, Civil Litigation, Domestic Violence and Family Law for Colorado on
Q: How can I reopen a closed custody case in Colorado due to new abuse reports?

I have been representing myself in a custody battle in Colorado for two years with my children's father, who has a history of incarceration for violent crimes. In November, I declined parenting time with my son, but since then, my children have reported abuse and threats from their father. He... View More

James L. Arrasmith
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answered on Apr 12, 2025

To reopen a closed custody case in Colorado, you’ll need to file a motion with the court. This motion should request that the case be reopened due to new evidence of abuse or threats against your children. Be sure to explain the new developments, such as the recent reports of abuse and threats,... View More

Q: Seeking pro bono legal help for complex family, privacy, and financial issues in Colorado.

I'm facing a long-standing, complex situation stemming from issues in my marriage and involving my children, whom I haven't seen in months. Despite my wife's assurances, contact hasn't been allowed. Over the past decade, I've lost my professional and personal standing at... View More

James L. Arrasmith
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answered on Apr 11, 2025

What you’re going through sounds incredibly heavy, and it’s understandable that you’re feeling overwhelmed. When your access to your children is cut off and your personal and professional life are deeply affected, the emotional and legal burden can be crushing. You shouldn’t have to face... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Hello. My question is about my parenting plan and holiday schedule.

I'm scheduled to have my son on holiday starting at 5pm on Friday, school ends before that. It's my co-parent's regular parenting time weekend, so she would usually pick up our son from school. However, it is my holiday weekend. Does this mean I can pick up our son from school before... View More

Cheryl Powell
Cheryl Powell
answered on Jan 15, 2025

Look at your holiday provision. They usually say something about holiday provisions supercedes the regular parenting time schedule.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How do i respond to being served with custody papers from someone who is not on my daughters birth certificate?

My daughters' possible father was in prison for the first year of her life, when he got out it has been nothing but a fight trying to get him to honor any kind of agreement we had made. Given his past I felt he need to show that he wasn't going to go back to his old ways. After finding... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

Ask for a paternity test to determine if he is indeed the father.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can me and the witness wave the 14 days of a subpoena being served
John Hyland Barrett III
John Hyland Barrett III
answered on Apr 12, 2024

Yes, if the witness agrees.

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