Colorado Child Custody Questions & Answers

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

1 Answer | Asked in Child Custody for Colorado on
Answered on Mar 11, 2019
Courtney Edwards' answer
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.

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

1 Answer | Asked in Child Custody for Colorado on
Answered on Mar 4, 2019
Courtney Edwards' answer
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 link above has all the steps and forms you'll need to fill out.

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

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Mar 4, 2019
John Hyland Barrett III's answer
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.

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

3 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on Feb 16, 2019
Brynne Gant's answer
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 his if this is a major concern. In addition, there is little stopping them from stating/deciding that her assistance to him is actually a debt, which could complicate things.

As for the child...

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

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on Feb 13, 2019
Courtney Edwards' answer
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 would suggest at a minimum consulting with an attorney who can walk you through the process if you are unsure of what to do or expect.

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?

2 Answers | Asked in Family Law and Child Custody for Colorado on
Answered on Feb 7, 2019
Courtney Edwards' answer
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. But I would recommend that anything you do be in writing and signed by the both of you, preferably notarized as well.

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

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Answered on Jan 17, 2019
Courtney Edwards' answer
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 will make the process easier. If he does not consent, you may run into issues with serving him with the necessary documents as he is in Canada. I strongly suggest you meet with an attorney to fully...

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

1 Answer | Asked in Child Custody and Child Support for Colorado on
Answered on Dec 6, 2018
John Hyland Barrett III's answer
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.

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

1 Answer | Asked in Child Custody and Child Support for Colorado on
Answered on Nov 28, 2018
John Hyland Barrett III's answer
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.

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

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Nov 27, 2018
John Hyland Barrett III's answer
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 these matters.

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

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Nov 26, 2018
John Hyland Barrett III's answer
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.

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

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Nov 26, 2018
John Hyland Barrett III's answer
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 to. You should retain an attorney for this.

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

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Oct 29, 2018
John Hyland Barrett III's answer
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 best interests. It may not involve every weekend, but is not likely to be just every-other weekend. Also, the child support could be reviewed to see if it comports with the child support guidelines.

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

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Oct 24, 2018
John Hyland Barrett III's answer
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 Parenting Plan and advise you.

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

1 Answer | Asked in Child Custody and Divorce for Colorado on
Answered on Oct 10, 2018
John Hyland Barrett III's answer
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.

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

2 Answers | Asked in Child Custody and Family Law for Colorado on
Answered on Sep 26, 2018
John Hyland Barrett III's answer
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.

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

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Sep 20, 2018
John Hyland Barrett III's answer
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.

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

1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Answered on Sep 18, 2018
Daniel B. Kelley's answer
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.

Q: Filed a motion of enforcement but forgot to say I had no knowledge of kids being taken out of state only said no consent

1 Answer | Asked in Family Law and Child Custody for Colorado on
Answered on Sep 13, 2018
John Hyland Barrett III's answer
You can file an amended motion now. you do not have to wait until the other party responds. However, the other party may get 21 days from the new motion date within which to respond. You should retain an attorney to help you with this important matter.

Q: I recently separated from my sons father, I am just curious as to what rights I have as a mother in the state of CO?

1 Answer | Asked in Child Custody and Family Law for Colorado on
Answered on Sep 7, 2018
John Hyland Barrett III's answer
Your respective rights and responsibilities have to do with parenting issues for your sons. Who will make parenting decisions? What is the parenting time for each parent? You can file a court case to have these matters determined by the court if you can not agree. Even if you do agree, you should file your agreement with the court so it can be made an order that can be enforced in the future. Also, child support issues need to be settled.

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