Lawyers, Answer Questions  & Get Points Log In
Colorado Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can my ex refuse to allow me to pick upour kids at the time that's stated in our parenting plan?

We have a current parenting plan that states I have my children every other weekend starting on Fridays at 5:00. My ex has filed a motion to restrict my parenting time alleging that he thinks the children are endangered due to my boyfriend breaking and entering while the children were here which is... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 27, 2023

You mention that your ex filed a motion to restrict your parenting time. If he did so, then there is an automatic injunction that suspends your parenting time until you both get in front of a judge. If he filed on January 20, then there should be a hearing date set by now. The Court has to hear... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Hello. Is there a way to block a child support modification since the mother refuses to allow me to see the children.

She requested a child support modification and it had nearly doubled. The mother has not allowed me to see the children nor communicate wirh me. She has left the state twice and I couldn't find them for years so how do I stop or block the child support modification? I have not received... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

The short answer is no, you can't block a child support modification because the other parent is denying you parenting time. Under Colorado law, the beginning and end of what child support and parenting time have to do with each other is in calculating the overnights.

That does not,...
Read more »

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can my ex wife use my name? Legally changed her name 2010. Harassing landlord to get me evicted due to custody issues.

My ex-wife moved to Nebraska at the end of 2021. My landlord notified me that she called using my last name to get information about my apartment and living arrangements. She absolutely insisted that they take pictures and invade my privacy. She was curious as to who all was on the lease. She also... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

If I am following your explanation correctly, you have been divorced for some time, and in 2010 your ex-wife changed her name so it was no longer the same as your last name. Her legal name is now, and has been for many years, her prior name.

If that is the case, then no, she cannot legally...
Read more »

1 Answer | Asked in Estate Planning, Family Law and Child Custody for Colorado on
Q: When creating a will do I have the right to state that I don’t want my minor child around certain people till age 18

My child’s paternal grandmother is a addict and a child abuser and is not allowed around or alone with my child until he turns 18 preferably 21 years old

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

The answer to this is essentially a 2 part answer.

First, yes, you absolutely have the right to express that in your Will. There is broad freedom to include things in your Will. That includes statements about who you prefer to finish raising your minor child, conditions around any...
Read more »

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: When having a person served papers do you have tp use a process server or sheriff.

My ex tried hand delivering papers to restrict my parenting time

Brock Richard Wood
Brock Richard Wood
answered on Jan 24, 2023

When serving process on a person in Colorado under Colorado Rule of Civil Procedure (C.R.C.P.) 4, any person who is a US citizen 18 years of age or older can be the process server. That person can be a private process server, a Sheriff's deputy, or even a friend or relative of the party to the... Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: After the CFI report has been filed, and the magistrate said supplemental/rebuttal report needs filed within 14 days…

Can i write a rebuttal report regarding all of the collateral contacts telling bold faced lies that I have proof of?

Brock Richard Wood
Brock Richard Wood
answered on Jan 23, 2023

You can always challenge the CFI's conclusions and recommendations if you believe that a third party told a lie to the CFI and the CFI relied on that lie in coming to a conclusion or recommendation in the CFI's report. If you are filing a rebuttal document, make sure to attach the... Read more »

View More Answers

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I’m in a custody case what form is it to get a default judgment order so I can have the other person drop from case.

She was served it’s been 96 days and she still hasn’t filed a response nor any paper work. However she has been to the first meeting and mediation. But haven’t file parenting plan a response sworn financial statement nothing. So I want her to be dropped from the case if that’s possible

Brock Richard Wood
Brock Richard Wood
answered on Jan 23, 2023

In Colorado, you can ask the court to set a "default judgment hearing" if the other side just goes "radio silent" like this. At a default judgment hearing, the other side may be limited in the evidence they can put before the judge because the other side has not complied with... Read more »

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: When the petitioner needs to change the venue for child custody jurisdiction, does the petitioner need to be re served?

How will the respondent know the jurisdiction is changed?

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Jan 22, 2023

It depends. Venue can only be changed under certain circumstances. Usually an action has to be filed in the county where the Respondent resides.

The other party has to be notified of every document filed in a case.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: When changing a venue for child custody, does the petioner have to have the respondent re-served?

Does a venue change have to occur or is just an option for a custody case for a child under 6

Brock Richard Wood
Brock Richard Wood
answered on Jan 21, 2023

In Colorado, a child custody case (known as an "allocation of parental responsibilities" case) is filed in the county in which the child resides or where the child is found. See Section 14-10-123, Colorado Revised Statutes (C.R.S.):

"(1) A proceeding concerning the...
Read more »

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How is a single parent father able to terminate mother parent-child relationship? I have Sole Physical & Legal custody.

My son has a half sister, her father was able to do a termination of mother’s parent-child relationship with a step adoption. I have more than enough substantial evidence to prove mother is an unfit parent. This custody battle has gone on 6-1/2 yrs as long as our son has be alive. Mother... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Jan 5, 2023

One parent can't terminate another parent's rights. The step-parent adoption process is an exception. If there is a step-parent willing to adopt and the court decides that is in the parents best interests, then a step-parent can adopt. Parental rights are terminated through the dependency... Read more »

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How much would it be to hire a lawyer for court one time to fight an emergency custody order?
Brock Richard Wood
Brock Richard Wood
answered on Jan 1, 2023

Hello. You should consult with an experienced Family Law attorney and give him/her the facts in your case. Then ask the lawyer what sort of representation assistance the attorney can provide and how much it would cost.

In general, however, under the Colorado attorney ethics rules and...
Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: How does custody work when your child is only 15 months old and can't voice any kind of personal parental preference?

I am still currently married to my wife and we have a 15 month old daughter that we both love dearly and want the best for, but I am at my breaking point in regards to my relationship with my wife. She is not the woman I married and I fear that staying married to her will not only keep me... Read more »

Brock Richard Wood
Brock Richard Wood
answered on Jan 1, 2023

Hi, James. I am sorry to hear about your unhappiness. Hang in there.

The question you ask is "How does custody work when your child is only 15 months old". The age of the child is a factor that the courts in Colorado consider when allocating "parental...
Read more »

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Can I be in legal trouble for taking my 6 year old daughter by her dad's house to get her own things?

There is not/never has been a restraining order upon me. The house is owned by his girlfriend. We have a mediated agreement in place for the parenting plan that simply designates a dropoff spot. We had just been at that spot, when she said she forgot her stuff. I tried to flag him down, texted... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Dec 28, 2022

From your description of the facts, it seems unlikely that the judge will find you did anything wrong. You attempted to contact him to resolve it. When you went to the house, an adult who resides there let your daughter in, she got her things, and you left. From your description, there was no... Read more »

View More Answers

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Hello, I am currently trying to get my daughter back who is with her paternal grandmother in Florida.

She has been with her for a few years in Florida but she recently came to stay with me over the summer until September. Her grandmother has temporary custody of her (in FL) but there is still a shared customer order in Colorado between her father and I. Her father is not in the picture but she... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Dec 27, 2022

Based on what you are saying, there appear to be conflicting orders. It would be necessary to review the orders before anyone could provide information on how the potential conflict might be resolved.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: I have a friend whose wife is an alcoholic and has been having an affair. Is there anything that can legally be done?

She has been having the affair for the last few months. Staying out all night, not coming home until the morning smelling of alcohol. They also have an 8-year-old child together who has witnessed her behaviors. She has also been neglecting the child. The child keeps asking for his Mom who has... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Dec 21, 2022

It depends on what he wants. He can get divorced or he can see if his Wife will agree to treatment. It is unclear the nature of the neglect. Just being gone while someone else is caring for the child is not neglect. It is not likely that she will be prosecuted for adultery.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Do I have to allow my children (14) 100% unrestricted access to a cell phone their mom provided?

My children have had cell phones for a few years, with screen time limits and certain apps blocked. Their mom never approved and told the kids not to take them to her house on the weekends. They've always been able to contact her on my phone whenever they want. Now that they are in high school... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Dec 13, 2022

There are no laws about when phones have to be available and parents are generally expected to be able to reach agreement. There are parental coordinators and decision makers who can assist parents in reaching agreement on matters that do not rise to the level of court intervention. The general... Read more »

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Opposing counsel said I was mentally ill & an alcholic.can she just make these claims that’s aren’t true? How can I stop

The lawyer is doing this because I had told my ex on talking parents I was going to file a motion to relocate. She then came back with accusations to take my kids away. Trying ti get full legal and physical custody. Trying to stop my relocation.

Is it illegal for her to call me mentally... Read more »

Brock Richard Wood
Brock Richard Wood
answered on Jan 1, 2023

I agree with the other attorney who answered this question.

My two cents: If an attorney makes baseless allegations against you, and there is no support for those allegations, that usually is a good thing for you.

Why? Making baseless allegations, that you can prove are baseless,...
Read more »

View More Answers

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Opposing counsel said I was mentally ill & an alcholic.can she just make these claims that’s aren’t true? How can I stop

The lawyer is doing this because I had told my ex on talking parents I was going to file a motion to relocate. She then came back with accusations to take my kids away. Trying ti get full legal and physical custody. Trying to stop my relocation.

Is it illegal for her to call me mentally... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Dec 4, 2022

Generally if counsel make recommendations in a motion, he or she has the client verify the facts. You will have an opportunity if you go to court to refute the allegations.

View More Answers

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Can I go back to prison over child support.

So currently, I’m going to be custody battle for my son. And my ex is trying to have me sent to jail or back to prison over child support. I was paying when I was working I lost my job due to a car accident and I’ve been applying nonstop and have the proof. I’ve been looking and I’m not... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Nov 27, 2022

You can be sanctioned for failure to obey a court order. If you have a substantial and continuing change of income, you can file for a support order modification. If a conviction has an impact on your ability to earn income, you can mention that. However courts anticipate that if you are looking... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: Can I get a notarized temporary custody paper of an unborn baby the minute it is born it goes in to effect
Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Oct 31, 2022

All you can obtain is your name on the birth certificate if the other parent consents to that. Custody is a status that a court has to grant. However, if the child is born during the marriage and/or your name is on the birth certificate, you are e the presumed parent.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.