Lawyers, Answer Questions  & Get Points Log In
Colorado Child Custody Questions & Answers
1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Rights for Colorado on
Q: My kids mother is collaborating with my ex whom I'm in the process of divorcing and taking kids to see her. Can I stopit

Kid mother is taking my kids to see ex that I'm divorcing currently and collaborating with her to take everything from me. Can I stop her from taking my children to her

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Sep 18, 2022

You do not have the ability to stop the children's mother from taking the children to see people unless their safety is impacted.

1 Answer | Asked in Child Custody, Civil Rights, Federal Crimes and Libel & Slander for Colorado on
Q: What do I do if transcripts for my case we’re just put in and they do not reflect what actually happened in court?

It’s a dependency and neglect case opened a year ago. There have been no transcripts and finally after court last time I checked again and there are a year with of transcripts but all of the information is wrong, it even skips from 9/22 to 9/21 then back to 9/22. So there not even in order.

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Sep 15, 2022

Court reporters transcribe court proceedings. It is not common that they are wrong. However you can request an audio of the proceedings.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: My 17 year old signed a military contract. His ship date was delayed. Is he still emancipated in CO before he ships?

My 17 year old son signed a contract and was supposed to ship to Army boot camp today. I signed giving permission for him to join. I was told he was emancipated because he had officially joined the army when he signed his contract. He was a witness to a crime and was told today that he can’t ship... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Sep 12, 2022

Unless he is serving, he is not actually emancipated. Even then, that is a determination for the Court. A person does not automatically become emancipated when they sign a contract to serve or when they begin serving, for reasons such as these. Additionally, it would be rare for a witness to be... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Tax Law for Colorado on
Q: How are taxes done after a divorce if I'm the custodial parent?

Does my husband have the right to claim the kids every other year on his taxes if I'm the custodial parent?

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Sep 9, 2022

It depends on what your decree says. This is an aspect generally covered in a parenting plan. If not, Colorado statute says that the exemptions are taken in proportion to income so if you each make the same amount of income, then you would alternate every year.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How do I get custody of our granddaughter?

We have had her since she was 2 months. Her mother was using drugs and alcohol. She could not handle her. She is now 23 months old. Her mother is still homeless and unstable. She says she is not using. But unsure if that's true. Out of anger and vindictiveness she is threatening to take her... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 7, 2022

In short, you need to find a family law attorney to look into filing a child custody case on your behalf.

In general, parents have first priority in regards to the custody of their children unless there is another factor at play. The fact that you have had custody for a prolonged period of...
Read more »

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: 50-50 custody, ex just packed up our 12-yr-old's belongings and told me to come pick her up, which I did. Do I need to

File for change of parental responsibility? On arrival, I recorded our conversation for proof that this is his decision.

Paul Morgan Gaide
Paul Morgan Gaide
answered on Aug 24, 2022

If your child's father is certain that he wants a long term change in parenting time, and the same is in the best interest of your child, the least expensive and quickest manner to achieve a Court's recognition of the change is to enter into a Stipulation to Modify Parenting Plan and... Read more »

View More Answers

1 Answer | Asked in Child Custody, Health Care Law and Juvenile Law for Colorado on
Q: Kids 11 and younger, does the psychotherapist need consent trom both parents if they are not married?

Is the therapist required to read and interpret parenting plans? Who holds the liability if they aren't followed, the parents or the therapist?

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

The therapist is not required to enforce the law, and is entitled to rely on a representation made by a parent. Only one parent has to consent to therapy unless a parenting plan specifically states otherwise, which would be rare.

1 Answer | Asked in Child Custody for Colorado on
Q: How does a grandparent who has had the children in her care at her home for the past 5 or more years get custody?

Mom has been in and out of prison and hardly sees the kids. Dad is in prison currently. Grandma has been caring for kids all by herself. With no help from either parent.

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Jul 26, 2022

You can file a Motion For Allocation of Parental Responsibilities. You have standing if you have cared for the children for five years in a substantial way.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Do I have to release my children to my ex's mother while he is out of the country?

My ex informed me about a week before he was leaving the country that our children will be in the care of his girlfriends mother and his mother during his parenting time while he is out of the country. I convinced him to allow the boys to stay with me for some of the time but I would prefer that... Read more »

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Jul 26, 2022

It depends on if you have a parenting plan and what it says. There is no law that governs who children stay with other than that a fit parent is presumed to be able to arrange for appropriate caregivers in his or her absence. You can try to negotiate an agreement that if the other parent is gone... Read more »

1 Answer | Asked in Adoption and Child Custody for Colorado on
Q: How does a grandparent take custody of kids from an absent parent?

My mother in law is trying to get custody of her grandkids. One parent is MIA and the other is in prison. What paper work gets it going?

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Jul 25, 2022

It depends in whose custody the children are currently and what involvement the grandparents have had.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What does it mean when an attorney for Adams county human services files for special entry of appearance and

Notice of intervention to a current court case?

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Jul 16, 2022

It could be for child support purposes or dependency and neglect purposes.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How can I get my 15yr old back from my mother. She has parent time but I have full custody. She's been with mom for 9 m

My daughter was with my mom for the school year because she wanted to try a different school. I signed papers that she could only have my daughter until Aug. My mom now wants to keep her.

Sabra M. Janko
PREMIUM
Sabra M. Janko PRO label
answered on Jul 14, 2022

If your Mother is keeping her beyond your consent, then you can involve law enforcement and they can retrieve the child.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: I am married, just filed for divorce. My wife lives in NC, I live in CO with our minor child and need to move to KS.

I have residential custody and there is already a parenting time plan in place, filed and approved by the courts as a result of a abuse/neglect investigation involving my wife. She moved to NC during that investigation before there was a parenting time order. She now says I'm not allowed to... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 14, 2022

You need her consent or an order from the court allowing the move. If she will not consent, you should file a motion to approve the move. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Do I have to provide my address to my ex?I am the primary residential custodian of my children with sole decision making

We used to have joint custody but 3 yrs ago I was given full custody and the father hasn’t been involved since that time. He is now demanding my address saying it’s his legal right to have it. Do I have to provide it?

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

You do not have to provide your address, BUT YOU DO HAVE TO PROVIDE THE CHILDREN'S ADDRESS. Even with you having "full custody', he maintains some rights to contact with the children. The exception may be if his parental rights have ben terminated-which is unlikely.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Colorado on
Q: If a “Order to issue citation and citation to show cause” served to me by the other party involved is that illegal?

I was served by my child’s father after one of his visits he gave me a citation to show cause with out a “return of service” does this make it an improper serving? If it pertains to the old court order does it make it invalid?

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jun 2, 2022

The COlorado Rules of Service say that any person 18 years or older and not a party to the case can make service. If this is an ongoing litigation, he may be able to serve you through the courts by mail. This sounds like a contempt citation, which means you should seek an attorney as soon as... Read more »

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can I legally refuse to allow pick up of my child?

Summer schedule started last Thursday after my son got out of school. He spent the first 4 days of summer with me. The parenting plan states, "During the summer break, the parties shall exercise parenting time according to a week on/ week off equal parenting time schedule. Exchanges shall take... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 1, 2022

It is not clear what the schedule is from your description. It is clear for 2020, but not for 2022. You could ask the court for clarification, but the court would expect you and the other parent to work this out yourselves. It does seem that you need a detailed schedule to avoid future conflicts.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What do I do if I can't afford to get my son to his father for his custodial visitation time? We live states away

I live in Colorado and have full custody. His father is in California and gets 2 weeks out of the year visitation.

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 1, 2022

It is essential that you comply with the court order re visitation. The order should set forth how the travel expenses should be paid. Perhaps you can ask your son's father to pay if you truly can not.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Colorado on
Q: If I moved to CO from NV w/ my son after circumstances w/ my son's mom. Neither has legal custody. Is it a problem?

My son's mother was arrested in NV for DV against me. She had a Protective Order placed on her for a month afterward. She said she wanted to see our son after the 30 days after the Protection Order ended and never showed. She made 2 arrangements with me and never showed up. The mom's... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on May 16, 2022

You will need to deal with the court case in NV. Yes, you can be served in Colorado. You should get a lawyer in NV to help you with this. There may be an issue whether NV or CO should make the custody decision.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Family law,and out of state custody

How do I go about getting a lawyer in North Carolina, I live in Montrose Colorado,and I'm trying to get my daughter's back from their father wrongfully removed them,and no his mother is trying for custody

John Hyland Barrett III
John Hyland Barrett III
answered on May 9, 2022

I suggest contacting the bar association in that area and request a listing of local attorneys who do custody work. That should give you a start. Good luck.

1 Answer | Asked in Civil Rights, Family Law, Child Custody and Juvenile Law for Colorado on
Q: Whats the process in sueing an attorney for misconduct in the state of Colorado?

Court appointed atty for Child Protective Services is the 2 atty that displayed misconduct. The proof comes in the form of the attys text messages & emails along with the behavior in which they displayed and the verbal things that were said to the client

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Apr 14, 2022

This may be a professional misconduct referral. There is not enough information here to discern whether this is a legal malpractice issue, or a breach of professional ethics. If this is an ethics issue, then you should make a complaint to the Office of Attorney Regulation COunsel. If this is an... Read more »

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.