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Colorado Child Custody Questions & Answers
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.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can i file contempt against my ex-wife for disrespectful communication that goes against our parenting plan?

My ex-wife and i have a parenting plan set up from our divorce 2 years ago. The plan specifically states that communication must be respectful, and she has constantly harassed me over the last year and a half. I have attempted to file harassment charges through our local police department, and as... Read more »

Sabra M. Janko
Sabra M. Janko answered on Sep 7, 2021

It really depends on the exact language of the agreement and "disrespectful" is a pretty vague term. You might try Colorado Legal Services for pro bono legal assistance.

1 Answer | Asked in Child Custody for Colorado on
Q: Can a parent exercise "vacation time" and just stay home?

My sons dad said they were going to go on vacation and use one week of their vacation time in our parenting plan. He let me know they actually aren't going out of town, but he's still going to keep him for that week. That week interferes with me taking my son to school on his first day,... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 20, 2021

I know of no requirement that a parent go somewhere else for vacation.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Help me understand what unless the parties agree otherwise means

What does it mean when the courts say that ? The other parent she’ll have supervised parenting time every weekend for 4 hours. Unless the parties agree otherwise?

John Hyland Barrett III
John Hyland Barrett III answered on Jul 30, 2021

This language means that the parties can come to their own agreement. If they do not agree, then the court order must be followed. So, in this case, there is supervised visitation for 4 hours every weekend, but the parties may agree to some other schedule.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex was pregnant before we met. My name is on the birth certificate because we were married. Can I get my name off?

My ex wife was pregnant before we were married. She had the child after we were married, so my name is on the birth certificate. She has told me that she wants me to have no contact with the child anymore. I am paying about 300 dollars a month for child support. Am I able to get my name off of the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

It is difficult to ask for paternity testing if you did not do so in the course of the child support proceedings. The courts at this point do not have an interest in disproving paternity.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I live in Colorado and my ex filed a motion to appoint a child and family investigator. Can the judge rule immediately?

Do I have a certain amount of time that I am granted to respond before the judge can rule on this motion? It appears that my ex and her attorney filed the motion on July 19th and the Judge granted the order the same day before I even had a chance to respond. Can they do this?

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

You can ask for the opportunity to respond. By statute you have 21 days. If you had participated in the proceedings then you should have been given the opportunity to respond.

1 Answer | Asked in Child Custody for Colorado on
Q: Can I view my daughters custody decree from Mesa County?
Sabra M. Janko
Sabra M. Janko answered on Jul 9, 2021

Child custody orders are not public records. You could make a request to the relevant courthouse, however it would be up to the judicial system whether they would provide a custody order to a nonparty.

1 Answer | Asked in Child Custody for Colorado on
Q: my children's father is in the hospital, do I have to send my kids for his time with his wife if he isn't there?

my children hate going there in the first place, the house is always filthy as my ex and his wife leave it a mess and leave it to pile up for our kids to clean it when they have to go to his house. He has been in the hospital for the past few days, my kids absolutely do not want to go. This is... Read more »

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

I am sorry to hear about your situation. If there is a court order allowing him parenting time, then you have to send the children. If you feel that a modification of parenting time is warranted, then you may be able to request a modification.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Hair follicle drug test

You

Well the court ordered hair follicle drug test for both parties because my ex accuse me of using drugs they gave us 30 days to have the results turned in which was June 7 what is the deadline I turn my results in but they ask who accuse me has not even submitted any test results at all... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 12, 2021

If she has not complied with a court order, then the court order can be moved to be enforced.

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: In Colorado is a CFI supposed to be non bias. Can their duties be to only investigate o e party.
Sabra M. Janko
Sabra M. Janko answered on Jun 6, 2021

A CFI is appointed by the Court and must be non-biased. The CFI never evaluates a single party but rather speaks to both parents and the children and makes a recommendation about allocation of parental responsibilities.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What do I do if I feel the magistrate has been bias?

I have had temporary custody of my almost 2 year old for a year and a half. The magistrate keeps pushing out our case. During status conferences she only would address the mother. The mother never did anything the court asked her to. Accused me of abusing her and my son and did not submit any... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 25, 2021

It is difficult to establish bias as it has to be based on more than a disagreement with the magistrate's decisions. You will have to have some independent witnesses if you would like to support an allegation of bias.

2 Answers | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: My ex-husband and I both moved to other states after our divorce. We both want to alter the custody part of the divorce.

how do we go about changing the custody agreement? the state we moved from is too far away to fly out just to alter one part of the divorce. I live in Colorado now and he and the children are in New Mexico.

Sabra M. Janko
Sabra M. Janko answered on May 17, 2021

The state that issued the order no longer has jurisdiction since you both and the children have left. If the children live in New Mexico, that is the state that now has jurisdiction.

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Child is refusing to go with parent, Due to parent being intoxicated and aggressive. Should I file an Emergency order?
Sabra M. Janko
Sabra M. Janko answered on May 4, 2021

It depends on what you mean by aggressive. A emergency restriction requires proving that the parent is endangering the child.

1 Answer | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: can CPS take your kids and place them in foster care with nothing other than assumptions?

They took my kids all because they assumed that they werent with my mom, they literally tailed my mom and followed her and they couldnt see my kids through tinted windows. When they did come in contact with my mom, she had them with her, but because she was in my neighborhood (1 block away mind... Read more »

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

If CPS determines that the children may be in danger, they can place them in foster care. You will have an opportunity in the course of the investigation to explain why you. believe they were not in danger.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: In cps cases can they use false reports from a police report against u
Sabra M. Janko
Sabra M. Janko answered on Apr 29, 2021

I am sorry to hear about your situation. Police reports can be considered in CPS cases. If you believe the report is false, you can provide the information that exists that shows that they are false.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can custodial parent deny vacation time?

If the Parenting Agreement says we get 2 weeks vacation and just have to let the mother know 14 days in advance, where we are going, and contact numbers to get ahold of the child. The parenting agreement does not say there are certain times in which we can take vacation, or that we need approval... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 22, 2021

Based on what you are saying you are entitled to two weeks of summer time, however it would be necessary to review the parenting plan to interpret it specifically. Many plans require coordination or provide a provision for conflicting choices of time.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: my sons mother had majority custody during school and now he is super behind, what can i do?

my sons mother had majority custody during school i had every other weekend. all of a sudden she wanted to switch because she "couldnt handle him" during home schooling. I currently have him here and now after two weeks she is trying to get him back is there anything i can do to prevent... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 22, 2021

I am sorry to hear that he is behind in school. You may be able to request a modification of parenting time based on the best interests of the child standard.

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