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Colorado Child Custody Questions & Answers
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.

1 Answer | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: I'm not on my kids birth certificate an on her mom's watch she's gotten mersa an said she now tests positive for hiv

And says I'm not her dad but either way iv been there since the start. her boyfriends beats her in front of my kid how can I get custody its not safe for her over there anymore

Sabra M. Janko
Sabra M. Janko answered on Apr 16, 2021

I am sorry to hear about your situation. You can file for allocation of parental responsibilities or for a modification if there is already an order. You may have to establish your paternity if Mother disputes it. You should also report to the Department of Human Services if you feel that the cild... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: My daughter is 17 years old. Her father has had sole custody since 2013. She contacted me, and has told me about abuse

She says they hit her 2-3 times per week. She has told me that they are getting drunk, and screaming at her everyday and she is suicidal. She says she will kill herself if she is not gotten out of there. I need emergency custody order to get her.

Sabra M. Janko
Sabra M. Janko answered on Apr 16, 2021

I am sorry to hear bout your situation. You should file a report with the Department of Human Services and the police. You can file a Motion For a Restriction On Parenting Time however you will have to present evidence to justify the restriction.

1 Answer | Asked in Child Custody for Colorado on
Q: Is there anything I can do to get my kids from my ex once emergency custody has been granted?

Judge granted Temporary Emergency Custody of my children as they are unsafe with their mother. I was able to locate my ex and have her served, and it states she is to have no contact with them.. However I was unable to pick up my children as she has left that location with them. The neighbor said... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 16, 2021

I am sorry to hear about your situation. If you have a court order giving you custody then you can ask for police involvement to retrieve e the children.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: If mental health is brought forward by the other parent and I’ve had my children for the last year but we do have a

Permanent order of 50/50 and he is now trying to go back to the permanent order without letting me know his progress with his mental health will the judge find me in contempt? He did file a contempt against me. I have filed to modify the order to 70/30 and he filed a contempt once he received the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 6, 2021

You are obligated to follow the existing order unless and until it is changed. There are not enough facts here to predict whether there are grounds for anyone to be found in contempt. As far as letting you know of progress with his mental health treatment, it depends on whether the current order... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is my ex allowed to get our son vaccinated without my consent?

I am my sons primary parent, I have him all week and his mother has him on the weekends. Also we have never gone to court for custody. She has just never really been in his life fully

Sabra M. Janko
Sabra M. Janko answered on Mar 27, 2021

If there is no allocation of decision-making responsibility then either parent can make a medical decision for the child.

1 Answer | Asked in Child Custody for Colorado on
Q: The father of the child wants me to get an abortion but threatens to get custody if I have the baby. If he lives out of

Of state and the baby is born in MO, can he legally get custody if child is established in MO?

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

I am sorry to hear about your situation. He can petition for custody regardless of where the child is. That does not mean that his request will be granted. Courts consider the best interests of the child legal standard when deciding custody matters.

1 Answer | Asked in Child Custody for Colorado on
Q: How long can a child be kept from home before county or state must file paperwork
Sabra M. Janko
Sabra M. Janko answered on Mar 23, 2021

It depends on whether there is a court order or not. If there is a parenting time order, each parent's time is governed by that and law enforcement will enforce the terms of the order. If there is not an order, the matter may be one of parental kidnapping, however law enforcement may view it... Read more »

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