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Colorado Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Can I go back to prison over child support.

So currently, I’m going to be custody battle for my son. And my ex is trying to have me sent to jail or back to prison over child support. I was paying when I was working I lost my job due to a car accident and I’ve been applying nonstop and have the proof. I’ve been looking and I’m not... Read more »

Sabra M. Janko
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answered on Nov 27, 2022

You can be sanctioned for failure to obey a court order. If you have a substantial and continuing change of income, you can file for a support order modification. If a conviction has an impact on your ability to earn income, you can mention that. However courts anticipate that if you are looking... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: Can I get a notarized temporary custody paper of an unborn baby the minute it is born it goes in to effect
Sabra M. Janko
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answered on Oct 31, 2022

All you can obtain is your name on the birth certificate if the other parent consents to that. Custody is a status that a court has to grant. However, if the child is born during the marriage and/or your name is on the birth certificate, you are e the presumed parent.

1 Answer | Asked in Family Law, Child Custody, Child Support and Military Law for Colorado on
Q: If a court order says "Immediate Genetic Testing", can I provide this to a testing facility to get results on file?

I have a Court Order from Oklahoma for immediate genetic testing of the father of my child. The Armed Forces Medical Examiner System has a DNA test on file that was apart of a Criminal Investigation involving myself, the father and the child included on the court order. I have received the redacted... Read more »

Sabra M. Janko
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answered on Oct 31, 2022

Probably not. The order requires testing, not release of test results.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I want to move me and my child to a home my grampa gave me free of charge in nevada. husband refuses to move. can we go?

He is very non-involved with the two of us. He can't keep a job and our apartment is roach infested and the foundation and walls have major cracks. it is a dump and honestly should be condemned. we went three months without a working kitchen sink before the landlord finally got it fixed. No... Read more »

Sabra M. Janko
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answered on Oct 31, 2022

It depends on if there is a court order in place or not. if not, either parent can remove a child from the state but can not withhold that child from the other parent. This action often comes with a host of problems though, such as allegations of parental kidnapping.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do I have a paternity mediation out of state and just found out,I'm a victim of domestic abuse while pregnant

I live in colorado, the father is in florida, and he filed paternity, I'm a victim of domestic violence by him while pregnant, he was trying to force me to have a miscarriage by punching me in my stomach several times, and beat me, and got.arrested for it

Please help i.am afraid of... Read more »

Sabra M. Janko
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answered on Oct 31, 2022

I am sorry to hear about your situation. If the case is filed here, you will have to cooperate with the testing. You can contact Colorado Legal Services and Tessa or another domestic violence center to see if you qualify for low-income assistance.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: can he re-nig on the letter he wrote and signed that i recorded him writing and signing

My husband and i are married and live together with our two year old. there is so much toxicity and i want to move our two year old out to nevada and not share custody. He has little to no bond with her . he is obsessed with his phone .. OBSESSED. the apartment is roach infested and has huge cracks... Read more »

Sabra M. Janko
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answered on Oct 22, 2022

You could attempt to use the letter to justify a move, however he may claim duress. It sounds like he may have written the letter in an emotional moment. Also, not knowing what he has to say about the situation precludes any kind of assessment of the strength of your position.

1 Answer | Asked in Child Custody for Colorado on
Q: how can i find out about a child custody case that is supppose to go on in utah but i think the mother is lying.

i looked uo court docket and found nothing on this woman.i beleive that this woman is lying about this whole thing do u have any suggestions what i can do

Sabra M. Janko
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answered on Oct 3, 2022

You can call the Court and ask if you are a party to the proceeding. If you are not, then domestic relations matters often are not available to the public, especially those involving children.

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Rights for Colorado on
Q: My kids mother is collaborating with my ex whom I'm in the process of divorcing and taking kids to see her. Can I stopit

Kid mother is taking my kids to see ex that I'm divorcing currently and collaborating with her to take everything from me. Can I stop her from taking my children to her

Sabra M. Janko
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answered on Sep 18, 2022

You do not have the ability to stop the children's mother from taking the children to see people unless their safety is impacted.

1 Answer | Asked in Child Custody, Civil Rights, Federal Crimes and Libel & Slander for Colorado on
Q: What do I do if transcripts for my case we’re just put in and they do not reflect what actually happened in court?

It’s a dependency and neglect case opened a year ago. There have been no transcripts and finally after court last time I checked again and there are a year with of transcripts but all of the information is wrong, it even skips from 9/22 to 9/21 then back to 9/22. So there not even in order.

Sabra M. Janko
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answered on Sep 15, 2022

Court reporters transcribe court proceedings. It is not common that they are wrong. However you can request an audio of the proceedings.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: My 17 year old signed a military contract. His ship date was delayed. Is he still emancipated in CO before he ships?

My 17 year old son signed a contract and was supposed to ship to Army boot camp today. I signed giving permission for him to join. I was told he was emancipated because he had officially joined the army when he signed his contract. He was a witness to a crime and was told today that he can’t ship... Read more »

Sabra M. Janko
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answered on Sep 12, 2022

Unless he is serving, he is not actually emancipated. Even then, that is a determination for the Court. A person does not automatically become emancipated when they sign a contract to serve or when they begin serving, for reasons such as these. Additionally, it would be rare for a witness to be... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Tax Law for Colorado on
Q: How are taxes done after a divorce if I'm the custodial parent?

Does my husband have the right to claim the kids every other year on his taxes if I'm the custodial parent?

Sabra M. Janko
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answered on Sep 9, 2022

It depends on what your decree says. This is an aspect generally covered in a parenting plan. If not, Colorado statute says that the exemptions are taken in proportion to income so if you each make the same amount of income, then you would alternate every year.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How do I get custody of our granddaughter?

We have had her since she was 2 months. Her mother was using drugs and alcohol. She could not handle her. She is now 23 months old. Her mother is still homeless and unstable. She says she is not using. But unsure if that's true. Out of anger and vindictiveness she is threatening to take her... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Sep 7, 2022

In short, you need to find a family law attorney to look into filing a child custody case on your behalf.

In general, parents have first priority in regards to the custody of their children unless there is another factor at play. The fact that you have had custody for a prolonged period of...
Read more »

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: 50-50 custody, ex just packed up our 12-yr-old's belongings and told me to come pick her up, which I did. Do I need to

File for change of parental responsibility? On arrival, I recorded our conversation for proof that this is his decision.

Paul Morgan Gaide
Paul Morgan Gaide
answered on Aug 24, 2022

If your child's father is certain that he wants a long term change in parenting time, and the same is in the best interest of your child, the least expensive and quickest manner to achieve a Court's recognition of the change is to enter into a Stipulation to Modify Parenting Plan and... Read more »

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1 Answer | Asked in Child Custody, Health Care Law and Juvenile Law for Colorado on
Q: Kids 11 and younger, does the psychotherapist need consent trom both parents if they are not married?

Is the therapist required to read and interpret parenting plans? Who holds the liability if they aren't followed, the parents or the therapist?

Sabra M. Janko
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answered on Aug 13, 2022

The therapist is not required to enforce the law, and is entitled to rely on a representation made by a parent. Only one parent has to consent to therapy unless a parenting plan specifically states otherwise, which would be rare.

1 Answer | Asked in Child Custody for Colorado on
Q: How does a grandparent who has had the children in her care at her home for the past 5 or more years get custody?

Mom has been in and out of prison and hardly sees the kids. Dad is in prison currently. Grandma has been caring for kids all by herself. With no help from either parent.

Sabra M. Janko
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answered on Jul 26, 2022

You can file a Motion For Allocation of Parental Responsibilities. You have standing if you have cared for the children for five years in a substantial way.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Do I have to release my children to my ex's mother while he is out of the country?

My ex informed me about a week before he was leaving the country that our children will be in the care of his girlfriends mother and his mother during his parenting time while he is out of the country. I convinced him to allow the boys to stay with me for some of the time but I would prefer that... Read more »

Sabra M. Janko
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answered on Jul 26, 2022

It depends on if you have a parenting plan and what it says. There is no law that governs who children stay with other than that a fit parent is presumed to be able to arrange for appropriate caregivers in his or her absence. You can try to negotiate an agreement that if the other parent is gone... Read more »

1 Answer | Asked in Adoption and Child Custody for Colorado on
Q: How does a grandparent take custody of kids from an absent parent?

My mother in law is trying to get custody of her grandkids. One parent is MIA and the other is in prison. What paper work gets it going?

Sabra M. Janko
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answered on Jul 25, 2022

It depends in whose custody the children are currently and what involvement the grandparents have had.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What does it mean when an attorney for Adams county human services files for special entry of appearance and

Notice of intervention to a current court case?

Sabra M. Janko
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answered on Jul 16, 2022

It could be for child support purposes or dependency and neglect purposes.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How can I get my 15yr old back from my mother. She has parent time but I have full custody. She's been with mom for 9 m

My daughter was with my mom for the school year because she wanted to try a different school. I signed papers that she could only have my daughter until Aug. My mom now wants to keep her.

Sabra M. Janko
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answered on Jul 14, 2022

If your Mother is keeping her beyond your consent, then you can involve law enforcement and they can retrieve the child.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: I am married, just filed for divorce. My wife lives in NC, I live in CO with our minor child and need to move to KS.

I have residential custody and there is already a parenting time plan in place, filed and approved by the courts as a result of a abuse/neglect investigation involving my wife. She moved to NC during that investigation before there was a parenting time order. She now says I'm not allowed to... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 14, 2022

You need her consent or an order from the court allowing the move. If she will not consent, you should file a motion to approve the move. You should get a lawyer to help you with this.

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