Lawyers, Answer Questions  & Get Points Log In
Colorado Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: If my ex agreed to let my child go on a family trip and now at the last minute said no

Family planned trip out of state ex said no my child could not go. Asked if it was in state could she go? She agreed and now the week of the trip is saying no. We are going to mediation at the end of the month and most likely court. If i still take my daughter will this hurt my chances in court?... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Feb 6, 2020

This depends on whether you have a court-ordered/approved parenting plan. If so, you should comply with its terms. If there are no court orders on the matter, either parent is entitled to time with the child in state. If there is no agreement, you should probably not do it. It is hard to predict... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can I get a POA for my husband to speak to my ex husband on my behalf? Talking to my ex triggers my anxiety.

I have diagnosed with PTSD and severe anxiety stemming from my marriage to my ex.

John Hyland Barrett III
John Hyland Barrett III answered on Feb 3, 2020

Yes, I think you can do this. However, your husband can not speak for you in court (unless he is your attorney).

2 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do if my ex wife is filing for a CFI with no probable cause?

My ex wife has involved social services twice and police numerous times claiming false domestic violence accusations against my current girlfriend and I in front of the kids. I've been thoroughly investigated and nothing has been founded. She is now threatening to file a motion for a CFI and I... Read more »

Douglas T. Cohen
Douglas T. Cohen answered on Feb 2, 2020

You can object to the appointment of a CFI, but with a high-conflict custody situation, the court is likely to appoint one. It is not up a therapist to decide.

View More Answers

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: we have shared custody for 12 years, she has filed for custody and is not allowing me to see my son. What are my option

she found something written in his journal about "daddy" he went through forensic questioning with authorities and found that there was nothing incriminating me as his father but she is still proceeding with the custody case. I have not been served with any papers but she is not allowing me to see... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 30, 2020

YOU ARE ENTITLED TO INSIST ON COMPLIANCE WITH THE CURRENT CUSTODY ORDERS UNTIL AND UNLESS THE COURT CHANGES THEM. YOU SHOULD GET A LAWYER TO HELP YOU WITH THIS.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: i sent a modification to the courts because my child is 19 and not in school, mother got wind and is fighting it

mother went and got him enrolled into community college starting today so it will show he is in school on our court date 02/25. she does not give him the child support nor does he live with her. she lies about it saying he does, she is homeless living with her parents, but wants my child support to... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 23, 2020

Child support for your 19-year-old child should end when he turned 19, assuming he has graduated from high school. His being in college should not matter. However, it appears you have another child. So, child support should be re-calculated with the current incomes and time-sharing factors. You... Read more »

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Is a notarized parent plan considered legal in colorado?

I have started the child support process without a court ordered child custody agreement? If we get a notarized parenting plan will that be enough to prevent any negative repercussion if/ when the father is served with documentation for the cs? Will he be able to just take baby from me if i have a... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 22, 2020

Your parenting plan is not effective until the court approves it and makes it a court order. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Do i have to have a court ordered custody plan to file for child support?

I have an almost 1 yr old. The father and i have a visitation schedule all figured out between us, but nothing through the courts. I have baby from friday evening through wednesday, and he has baby wednesday night through friday evening.

John Hyland Barrett III
John Hyland Barrett III answered on Jan 21, 2020

YOU CAN STILL FILE FOR CHILD SUPPORT. HOWEVER, THE COURT MAY ALSO WANT TO APPROVE YOUR PARENTING PLAN AS PART OF THAT PROCESS. YOU SHOULD GET A LAWYER TO HELP YOU WITH THIS.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: My ex-girlfriend refuses to let me see my child and has blocked all forms of communication.

My daughter will be a year old in February and I haven’t even met her because my ex has blocked all forms of communication. I was in the army when we found out we were pregnant and then unfortunately when she found out I was being medically discharge she broke it off and move back with her... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 13, 2020

YOU HAVE THE RIGHT IDEA. FILING A PATERNITY SUIT WILL ENABLE YOU TO ESTABLISH A PARENT - CHILD RELATIONSHIP. YOU MAY OBTAIN CERTAIN VISITATION RIGHTS IF THAT IS IN THE BEST INTERESTS OF THE CHILD. UNDERSTAND THAT THIS MAY ALSO RESULT IN A CHILD SUPPORT OBLIGATION BEING ESTABLISHED AGAINST YOU. YOU... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I filed for contempt with my ex for failure to return our daughter after his parenting time.

He lives out of state and we are each to drive 6 hours to meet halfway. He wrote via email that he was intentionally not returning her 12 hrs before the exchange. I still drove the 6 hours to find out he didn’t show. He was served the order to show cause for our hearing on Jan 13 back in... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 8, 2020

Without knowing all the facts of your case, here are my thoughts:

1. You should respond to the motion. If you do not, the court may grant it automatically.

2. It is up to the court re if he can testify by phone. It is reasonable to expect him to have to appear in person.

3....
Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Small Claims for Colorado on
Q: I was divorced in Iowa in 2017 and recently moved to Colorado with my 13 year old daughter. My Iowa attorney is not

Following through with the contempt charges on my ex for his multiple violations of the divorce decree. He has not been responding to my messages or those from opposing council, regarding papers served to me requesting a modification in custody. I tried to meet with him while I was in Iowa last... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 6, 2020

Assuming your case is still in Iowa, you should get an attorney there. A new attorney is going to have to spend some time reviewing the prior filings. However, it may not be necessary to read every one. It depends on whether the old filings have anything to do with the current issues. However, some... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: I am having a custody and child support issue with my ex-wife. She engages in malicious parenting syndrome. Can you help

Filed for arrears falsely. Keeps my daughter and son from me for no reason.

John Hyland Barrett III
John Hyland Barrett III answered on Dec 17, 2019

I do not know what you mean by "malicious parenting syndrome". However, you may be able to defend the claim for arrears if she in fact filed for it falsely. You can also insist on compliance with the Parenting Plan so she does not withhold the children. You should get a lawyer to help you with this.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: The mother of my brothers child is withholding his daughter from him until he signs custody papers. W

We’re in Colorado, Colorado doesn’t have “custody” laws but calls it “parental responsibility.” He used to live with them for years and years. In and out. Now, that my brother is in a new relationship his baby mom has become very on edge. She has told his girl friend that she’s the... Read more »

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

If he would like parenting time, then he can file an action for Allocation of Parental Responsibilities with a district court. This will allow a court order to issue that will set forth the responsibilities and parenting time and allow him to enforce the order if she does not comply.

View More Answers

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Hello I am now 18 years old, since I was six my parents have shared custody over me and now that I turned 18 I thought

Was over but my dad told me that in Colorado the arrangement apples till age 19 is this true and in either case how is child support affected (I am attending college)

John Hyland Barrett III
John Hyland Barrett III answered on Nov 25, 2019

At 18, any prior custody orders are no longer in effect. You can decide yourself how much time you want to spend with each parent. Child support orders still apply until age 19.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I have had physical custody as non-custodial parent for over 100 days and still paying child support to custodial parent

I have had physical custody of the children for over 100 days. The custodial parent will not assist financially in any way. I am still paying her child support. I have a court date set in April for the district to review my case. Is there anything else I can do to lift the financial burden from... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 25, 2019

The child support modification will be retroactive to the date of filing based on a mutually agreed upon change in parenting time.

1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: I have a friend in Colorado that needs help with divorce questions, his wife was unfaithful. They have kids.

He needs help with what steps to take. Where can I send him to get help? Pro bono or until funds become available? She won’t respond to texts about child care or anything.

Sabra M. Janko
Sabra M. Janko answered on Nov 21, 2019

He could check with Colorado Legal Services if he can not afford an attorney. The courthouses also have self-represented litigant assistance centers.

1 Answer | Asked in Child Custody for Colorado on
Q: `if you are not able to pay child support and pay rent are they aloud to not let you see your child

they are telling me because i have not been able to pay child support i cant see my kid except when its good for them because they are putting a 13 yr old boy on a sleep scheduled and they have not followed the custody agreement at all ps he thinks he is invincible because hes a cop

Sabra M. Janko
Sabra M. Janko answered on Nov 21, 2019

Child support and parenting time are two different things. If you do not pay child support, you can still see your children.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: When are parents too far apart to share joint physical custody of a child?

As in: geographic proximity, pursuant to best interest factors set forth in CRS: 14-10-124

Sabra M. Janko
Sabra M. Janko answered on Nov 12, 2019

There is no "bright line" rule. It depends on the circumstances. Generally shared parenting may not work well for children whose parent's live in different school districts. While time with both parents is important, it is not beneficial to children to spend a large amount of time driving between... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: My child is afraid to go back to mother's place because the step father is abusive. How do I legally keep my child safe?

My child is having panic attacks, and ever Incresing anxiety when having to return to mother. Step father is verbally abusive to my child and verbally and physically abusive to his own kids.

I have my weekend visitation now and would like to legally keep the child with me so they can be... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 12, 2019

You could potentially file for an emergency restriction of parenting time depending on your evidence. If you believe based on credible evidence that abuse is occurring you can also make a report to the Department of Human Services.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex filed a motion to modify parenting time for 5 year old and wants 50/50, week on/week off. How can I prevent this?

We attended mediation and weren't able to resolve anything because I feel strongly that more time with his father would not be in our son's best interest (he is an admitted abuser and alcoholic). Since then, I have found another 50/50 plan that I would consider trying, but he won't hear it because... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 7, 2019

In a case like this, you should consider requesting appointment of a CFI (Child and Family investigator) or a PRE (Parental Responsibility Evaluator). That person can do an evaluation of both parties and the child and prepare a report for the judge. Also, you should get a lawyer to help you with... Read more »

View More Answers

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Can I file for full custody if I don't know were ex is? What is the process to change/modify existing orders?

Ex has not seen or spoken to kids in 7 years, over $60,000 behind CS, never sent anything to kids and left CO years ago. He was supposed to go back to court to have 50% cust. after completing certain task, but never did. I have made every decision and full care/support for our kids since the... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 4, 2019

You can ask the court to grant you sole decision making and parenting time(custody). This needs to be by filing a motion to modify the existing orders. You should get a lawyer to help you with this.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.