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Colorado Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: Would I be able to sue the department of social services in alamosa county?

I have an open case with the department of social services here in alamosa co. They took my children from me on August 29th 2018. I'm still not sure exactly why my kids were taken from me. I have just recently found out that my nine year old son has been diagnosed with rheumatic fever.

Sabra M. Janko
Sabra M. Janko answered on Sep 17, 2019

I am sorry to hear about your situation. Social services should tell you why they took your children. You can contact them to find out. If they were concerned for the children's safety and removed them for that reason, unless they did not have a sufficient basis for the determination a lawsuit... Read more »

1 Answer | Asked in Arbitration / Mediation Law and Child Custody for Colorado on
Q: My wife needs to change court orders placed when she got divorced regarding the kids but needs a forensic assessment

We do not know how to get a referral for her forensic assessment and wondered if getting a pro bono lawyer, as we are a low income family, would help solve our issues. I have a ton more information regarding the exact situation if this is the right direction.

Sabra M. Janko
Sabra M. Janko answered on Sep 9, 2019

You should consult with an attorney who will need information about any prior court orders and will need to understand the context of the need for a forensic evaluation. This matter clearly has a history involving some form of safety issue. You could also consult with a therapist who might be able... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: Can aunt or uncles file for emergency custody
Sabra M. Janko
Sabra M. Janko answered on Sep 1, 2019

It depends on the situation. Generally if you have been caring for the child for the past six months you may have some rights to file for custody. However, you should contact the Department of Human Services if the children are in danger.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My baby mama took me son from me by assaulting me hitting me with a bat punching me telling her friend to get the gun

While I was holding my son what can I do

Sabra M. Janko
Sabra M. Janko answered on Sep 1, 2019

You should consult with an attorney and share more details. This does not sound like a good situation for a child to be in. Perhaps you should file for an allocation of parental responsibilities to work out with the mother or the court the best situation for the child.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Colorado on
Q: Who do I contact if I know that there is a court order being violated in relation to a custody order of a minor child.

I was granted 50/50 custody of my 9year old daughter with my ex's mother after a very long CPS intervention. For the last 2years, I have only been granted access to my daughter 2x per week for an hour under the watch of CPS. But I have always learned from my mistakes and got sober for my... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 29, 2019

If you ex is violating a court order, you can file a motion to enforce the order or for contempt. You should consult with an attorney to review your court order with you to evaluate recourse.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Colorado on
Q: Me and my now ex husband lost our child to the state I had a protection order put on him. I almost got custody back and

People in court say if I drop protection order I won't get my daughter at perminant planning trail. Is this legal for them to do? The protection order I put on him was after they took our daughter. But before they took her we both was doing meth and he punched me and kicked me. But I believe now... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 29, 2019

The answer depends on the specific facts of your case. If you take an action that the court perceives as not being in the best interests of your child for safety reasons, that will impact an allocation of parental responsibilities decision. You should speak to an attorney to determine the best... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I am going through a divorce, it is getting ugly.

My soon to be ex husband was abusive during the relationship. I never called the police, or talked to anyone about it. We both drank a lot, however he has videos of me drunk to use as "dirt". He is using my mental state during the relationship against me (I suffer from depression, ptsd, and... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 19, 2019

I am sorry to hear about your situation. It sounds like you may have already filed a dissolution petition, but if you have not, that is how you would ask the court to decide issues of parenting and property division. You should consult with an attorney given that you have children and a home. Many... Read more »

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can a father be granted full custody of a child if the mother has refused visitation for 3 consecutive years?

No motions have currently been filed. Mother is currently out of the country with an active duty military spouse. Father is currently out of state also active duty military.

Sabra M. Janko
Sabra M. Janko answered on Aug 13, 2019

Either parent could be granted primary allocation of parental responsibility. There are many factors. One factor is a parent's ability to encourage the sharing of time with the child. That would count against a parent who withheld a child from another parent. It sounds as though there may already... Read more »

1 Answer | Asked in Criminal Law, Adoption and Child Custody for Colorado on
Q: 18 U.S. Code § 3283. Offenses against children

My son was taken from in maryland when he was 5 years old i did not have a custody order, his mother took him to texas and legally signed over his custody to his granparents without my permission, he is now 26 years old, I have just located him, I would like to know if i can still file a charge... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 13, 2019

I am sorry to hear about your situation. If there was no custody order, then likely there was no parental kidnapping. Absent a custody order or mandatory injunction upon filing a petition, a parent is free to relocate with a child

1 Answer | Asked in Child Custody for Colorado on
Q: Is other party interfering with my parenting time by taking child on vacation during my time when it is not in the order

Order says week on/off Friday exchanges, adopted CFI holiday schedule. CFI holiday schedule does not contain a summer vacation

Sabra M. Janko
Sabra M. Janko answered on Aug 13, 2019

An attorney would have to see the order. Generally if the other party has the child during your parenting time without your consent, then that would be a violation. However, you have had a CFI investigation so your case is likely somewhat complex and it is not possible to know what the situation is... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: Husband has sole legal and physical custody of child and wants to relocate her to live with us. Mother has visitation

every other weekend. She has not agreed to change this arrangement to allow the child to live with us. In which state do we need to hire a lawyer - the one we live in, or the one the child lives in?

Sabra M. Janko
Sabra M. Janko answered on Aug 13, 2019

It depends on where all of the parties are and what the court order says. If your husband has sole physical custody and the Mother has visitation, it seems as though the child would already be living with your husband. You should consult with an attorney and explain the details of your situation.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I have a child that is being kept away and I'm not being allowed any visitation. I need pro bono assistance.

Im in colorado.. my child is kept away she hides her location and only contacts me through court system for child support. I'm being taken advantage of and cannot afford legal assistance. I see hundreds of sites for mothers but very few for fathers and the ones that are there are not really free... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 13, 2019

I am sorry to hear about your situation. You could check with Colorado Legal Services or the pro se assistance centers at the courts. You may be looking at submitting a parenting time dispute if the other parent is not following parenting time requirements.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What rights does a father have versus the rights of a mother if they were never married?

If an unwed couple having had four children together during the course of their relationship were to separate without either parent beginning any legal proceedings regarding the custody of said children, is it lawful for the mother- purely out of spite towards the father- to not only forbid any and... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 13, 2019

In this scenario the Father should consider filing an action for allocation of parental responsibilities to set forth parenting time and child support. Absent a court order preventing a parent from relocating with a child, either parent may relocate with children. You will need to file the action... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: If a summons of allocation of parental right was filed against me, and it was filed in a county in which the child isnt?

can i dismiss it via a venue dissmisal in the state of colorado? or is it still going to be valid. help?

Sabra M. Janko
Sabra M. Janko answered on Aug 13, 2019

Usually if you have a venue issue, you would move to change venue rather than dismiss. If the action was filed in the county where you reside, then the venue will likely be considered proper. With regards to the location of the child, Colorado has to be the home state of the child.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I have been going through Child Support Court for almost a year now. We will officially be done in less than a month.

He is suppose to pay $1000 for child support a month but does not. I know he can lose his DL and such but at some point can I not allow him to see our child if he’s not paying any child support?

Sabra M. Janko
Sabra M. Janko answered on Aug 13, 2019

You should not withhold access to the child. If you are not receiving support, Child Support Enforcement (CSE) can take action if your payments go through CSE. You could also file a Motion For Contempt and file an affidavit of arrears to obtain a judgment on which you can attempt to collect. You... Read more »

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Colorado on
Q: Can a step parents committing child abuse stop custody of a parent?

My sons step mother was ticketed for child abuse that she admitted to, she bite him leaving a mark. His father admits to being there when it happened. DFS has not removed our son from their home he is there 50% of the time. I am worried that if she loses her cool she could hurt him more next time.... Read more »

Courtney Edwards
Courtney Edwards answered on Jul 29, 2019

It is absolutely reasonable to file a motion to modify parenting time based on the wife's abuse, especially if the child's dad was there and did nothing to stop it. Steps need to be taken to protect your child during father's parenting time- a motion to modify parenting time, alleging that the... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Do you have to disclose all credit cards on sworn financial statements?

On a sworn financial statement, do you need to disclose the credit card being used to pay your attorney fees if requesting the other party repay your fees? And if the others party shows negative income on their sworn financial statement.

And if an activity falls on one parties visitation... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jul 22, 2019

1. Yes, you need to disclose all debt.

2. Showing negative income is common-not really a problem.

3. Generally, each parent can decide on the child's activities during their respective parenting time, but this depends on what activity is involved.

You should get a lawyer to...
Read more »

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2 Answers | Asked in Divorce, Child Custody and Child Support for Colorado on
Q: In Colorado, I signed form for wife to take kids to CA, but now she won't allow me any contact. what can I do? Div final

I felt it was what was best at the time (I did not have a place to live) and an agreement was made that I could see and talk to kids. Divorce is final (per her) I am trying to get copies. She refuses to allow me to visit, or even talk to the kids. Is it too late to do anything?

John Hyland Barrett III
John Hyland Barrett III answered on Jul 16, 2019

Initially, this will depend on what the divorce decree says about this. Also, you may be able to request a modification if you are not satisfied with those provisions. You should get a lawyer to help you with this.

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2 Answers | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: Been in colorado 4 months with my two kids. Can I file from colorado for divorce

Husband and I separated...we agreed I would come to colorado while he worked on things. Once I and the kids got here he claimed to want a divorce. We have been here 4 m ths. Am I able to file in county where I reside and have it cared through colorado courts.

John Hyland Barrett III
John Hyland Barrett III answered on Jul 16, 2019

You can file for divorce in colorado since you have been here for 91 days. However, Colorado will not have jurisdiction to decide custody issues until you have been here for 182 days before filing. Therefore, you should wait until then. You should get a lawyer to help you with this.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I have full custody of my three nephews, I just found out that my sister in law the opposing party has my three nephews

Out of state in Texas and did not inform us. Can she do that

Courtney Edwards
Courtney Edwards answered on Jul 9, 2019

It depends on what the last court order states.

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