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Colorado Child Custody Questions & Answers

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: If a mother refused child support in court, can she go after child support later on?

The child in question has decided to live with his mother full time, instead of going back and forth between his parents' homes. The mother, who originally refused child support in court several years ago, said that she'll go after the father for child support (should the child live with her full... Read more »

John Hyland Barrett III answered on May 6, 2019

The child support is modifiable-so it can be changed based on changes in income and residence. You should consult with a lawyer about this.

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: my husbands ex owes him $10000 in child support she pays $20 a month when she should pay $520 for 2 kids.what can we do

So my husband shares custody of the boys with his ex, they were never married, judge decided 5 years ago that it was better for the boys to live with dad because of a history of child abuse and negligence from her side, child abuse keeps happening, according to child services the abuse is not bad... Read more »

John Hyland Barrett III answered on Apr 15, 2019

Your husband has a variety of remedies, including contempt and garnishment of her wages. He may be able to get a modification of parenting time/decision making. One approach would be to have the court appoint a Child and Family Investigator or a Parental Responsibility Evaluator to review the... Read more »

1 Answer | Asked in Child Custody for Colorado on

Q: My child is 16 and wants to live with me, with the noncustodial parent, but we want to move out of state.

The other parent has primary custody but we technically split 50/50 with a week on/week off schedule but my 16 year old wants to live with me full time and we would like to move out of state but I don’t know which papers that I would need and if they would have a choice even if the other parent... Read more »

Courtney Edwards answered on Mar 11, 2019

You would need to file a motion to relocate and have a hearing if the other parent does not agree. Because your child is 16, the judge may consider his/her input. But these are hard cases to win. You should consult with an attorney to help you with this matter.

1 Answer | Asked in Child Custody for Colorado on

Q: Where do I file papers for legal guardianship in Colorado?

My niece and I signed a notarized paper, giving me sole guardianship of her son. What do I do next, legally?

Courtney Edwards answered on Mar 4, 2019

Start here: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=103

You'll need to file in the District Court in the county where your niece's son lives and have the judge approve the guardianship. There is a bit more to it than your niece just signing a piece of paper. The...
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1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: Have notarized POA of a minor child, how do I file it to make legal in a court of law?

She signed the paper yesterday and took off. Baby is three. Has a grandmother in TX who is illegal, father was deported 3 years ago. How do I make this legal in the court? We have been raising him for 2 years now.

I just left the court house and they said notarized POA is useless.

John Hyland Barrett III answered on Mar 4, 2019

The POA does not need to be filed with the court in order to be effective. If you are seeking legal custody, you do need to file a court action. You may be able to do so since the child has been with you for 2 years. You should retain a lawyer for this if that is what you want to do.

3 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: Will my ex have to count his income “assistance” on our financial worksheet?

My ex doesn’t work or go to school. His mom pays all his living expenses bc they are extremely wealthy.

I just got a job offer in Nebraska and want to go to court and ask for my son for the school year and he can have him for breaks and weekends and such (it’s only 5.5 hrs away).... Read more »

Brynne Gant answered on Feb 16, 2019

When filling out a sworn financial statement, he should claim income from any source, including from his mother. That said, it can be difficult to enforce this if she is paying him in cash. You may need to get approval from the court to request her bank statements/financial documents as well as... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: Hello, My ex has filed a motion to modify parenting time, how do I respond please? Thank you!

My ex filed this in response to me enforcing a child support order

Courtney Edwards answered on Feb 13, 2019

There is a general response form that the Courts have available online, see JDF 1315 (google "colorado jdf domestic forms"). You'll need to fill it out, file it with the court, and give a copy to your ex. Also see JDF 11031I- that is the instruction sheet on how to file a response.

I...
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2 Answers | Asked in Family Law and Child Custody for Colorado on

Q: My son's father hasn't seen him in 19 months. Can I move out of state with my son with my son's father's consent?

The only court ordered thing was child support. He doesn't care to see his son

Courtney Edwards answered on Feb 7, 2019

It depends on the arrangement you currently have- if there is a court order in place, you'll need to modify the terms of the court order first. Your son's father's consent will greatly help in the process as you can file a stipulated amendment to what ever agreement was last adopted by the court.... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: Can I take away my ex's rights and have my husband adopt my daughter

My ex does not pay child support, says he does not have an income, also he lives in Canada

He has not paid an support in over 2 years except a $100 at Christmas so that I could get her presents from him.

My husband wants to adopt her, I have heard that since he does not pay I can... Read more »

Courtney Edwards answered on Jan 17, 2019

Short answer to your question: yes, that is true. Your ex's failure to support and maintain a relationship with his daughter can serve as the grounds to terminate his parental rights and clear the way for your husband to adopt your daughter. If your ex consents to the termination and adoption, it... Read more »

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1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: I recieved a JDF 1415, is this not a child support change?

John Hyland Barrett III answered on Dec 6, 2018

JDF 1415 is the form to use to request a change in decision making for the children. It may result in a change in child support if the parenting time is also changed. You should hire a lawyer to review what has been filed and advise you how best to proceed.

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: Hi! I have a 15 year old that chose to live with non custodial parent and now does not see me much. Can I force her to s

See me? And does he still need to pay support?

John Hyland Barrett III answered on Nov 28, 2018

Both parents need to comply with the existing court orders, including the parenting time schedule and support provisions. They are subject to change by the court if appropriate. You should hire a lawyer to enforce the orders.

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: Professional supervisor not supervising visits properly , what should i do?

During a supervised visit, the supervisor could not hear or see the child and non-custodial parent and vice versa. . child got upset and no longer wants supervised visits, especially not with that supervisor. Supervisor's contract states that the child reserves the right to not go to the... Read more »

John Hyland Barrett III answered on Nov 27, 2018

The supervisor usually has discretion regarding exactly how to conduct the supervision. Although the supervisor's contract may have some guidelines, the real controlling document is the court order. You may want to raise these issues at a review hearing. You should consult with your attorney about... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: What are my next steps if my ex is trying to move my daughter out of state without my permission?

I have 50/50 joint custody of my daughter with my ex wife. She is trying to move her out of state without my permission. What legal actions can I take so she doesn't leave with her?

John Hyland Barrett III answered on Nov 26, 2018

She needs court permission to have your daughter move out of state. You can file an for an abduction prevention order if she tries to do so w/o court permission. You should hire a lawyer for this.

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: Can I withhold visitation UNTIL there is a court order for parent time in place?

My boyfriend moved out. We have never been married. We have an 11 month old baby. We have NO parent time court order.

He keeps wanting to take him, but I'm afraid he wont bring him back. I've told him he can visit with the baby at my house until there is acourt order in place, but he has... Read more »

John Hyland Barrett III answered on Nov 26, 2018

Until there is a court order, either parent is entitled to possession of the child. If you and the father can not agree on a parenting time schedule, one of you should file a court case to get appropriate orders. The court is likely to give him some parenting time unless there is a good reason not... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: My sons bio dad and I never lived together but were married, after my dunk turned 11 months. He started getting parentin

Time, every other weekend, then he wanted almost every holiday after he was two, not he wants every weekend. He doesn't live in the same town as me, expects me to drive my son halfway and pick him up, he pays 250 a month which doesnt cover gas and daycare. He was never named father nor ever proved... Read more »

John Hyland Barrett III answered on Oct 29, 2018

Since there is no court order, you and the father are free to make whatever agreement you want. It is common for the parents to share the travel responsibility for parenting time. If a court were to have to decide the parenting time, it will try to come up with a schedule that is in the child's... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: Is it true that the decision maker can not modify or revoke any rights of the parents that already exist in an order?

I have a PCDM that I believe is acting way outside the law. She refuses to discus any parenting matters with me, and simply hands down decisions that attempt to strip my parental rights. For instance, she recently decided the kids should have a medical procedure without talking to me about my... Read more »

John Hyland Barrett III answered on Oct 24, 2018

This depends on the terms of the order appointing the PCDM. She should not contradict the explicit terms of the Parenting plan unless she was given that authority. You can request the court review her orders. There are short time periods for doing that. You should retain an attorney to review the... Read more »

1 Answer | Asked in Child Custody and Divorce for Colorado on

Q: No custody. 4 months not being allowed to see my daughter. What can I do. Going through divorce.

My ex has not let me see or talk to my daughter for 4 months now there is no custody agreement no court orders what do I do to be able to see my daughter.

John Hyland Barrett III answered on Oct 10, 2018

The court can enter temporary orders for parenting time. Temporary orders are in place until the decree enters when they are replaced by the permanent orders. You should retain an attorney to help you with this.

2 Answers | Asked in Child Custody and Family Law for Colorado on

Q: What action should I take when my child father has violated a court order to see my child?

Me and the father of my child had a MOA and the father violated the agree by not letting me have overnights and failed to give me and update contact information.

John Hyland Barrett III answered on Sep 26, 2018

You can file a motion to enforce the court order and for make-up parenting time. You should retain an attorney to help you with this.

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1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: Do I need to file anything additional for him to voluntarily terminate his rights?

I filed Motions to modify, child supt, decision making and visitation. He now refuses to file a response to any of those. Instead I received a notarized piece of paper saying he voluntarily gives up his rights? What now?

John Hyland Barrett III answered on Sep 20, 2018

The court is probably still going to have a hearing. At the hearing, you will have to present evidence supporting your requests. There is not really such a thing as "giving up his rights" except in an adoption or in a dependency and neglect hearing to terminate parental rights.

1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on

Q: In the middle of the divorce there's no custody set yet and we have not at her final hearing need help

So the mother of my son just took him out of state of Colorado without my written consent I don't feel that this is of right she is back now but she seems to just think she can do whatever she wants with him without my OK is what do I do I need help

Daniel B. Kelley answered on Sep 18, 2018

Not proper or appropriate. You need to contact an attorney to help you navigate this complicated and confusing process. There are many of my colleagues that will give you a free consultation. Give one of us a call today.

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