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Colorado Child Custody Questions & Answers

1 Answer | Asked in Family Law and Child Custody for Colorado on

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

I have a PCDM that I believe is acting way outside the law. She refuses to discus any parenting matters with me, and simply hands down decisions that attempt to strip my parental rights. For instance, she recently decided the kids should have a medical procedure without talking to me about my... Read more »

John Hyland Barrett III answered on Oct 24, 2018

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... Read more »

1 Answer | Asked in Child Custody and Divorce for Colorado on

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

My ex has not let me see or talk to my daughter for 4 months now there is no custody agreement no court orders what do I do to be able to see my daughter.

John Hyland Barrett III answered on Oct 10, 2018

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.

2 Answers | Asked in Child Custody and Family Law for Colorado on

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

Me and the father of my child had a MOA and the father violated the agree by not letting me have overnights and failed to give me and update contact information.

John Hyland Barrett III answered on Sep 26, 2018

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.

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1 Answer | Asked in Family Law and Child Custody for Colorado on

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

I filed Motions to modify, child supt, decision making and visitation. He now refuses to file a response to any of those. Instead I received a notarized piece of paper saying he voluntarily gives up his rights? What now?

John Hyland Barrett III answered on Sep 20, 2018

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.

1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on

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

So the mother of my son just took him out of state of Colorado without my written consent I don't feel that this is of right she is back now but she seems to just think she can do whatever she wants with him without my OK is what do I do I need help

Daniel B. Kelley answered on Sep 18, 2018

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.

1 Answer | Asked in Family Law and Child Custody for Colorado on

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

Joint custody is the order with ex having physical custody for permanent address status but will my mistake get the motion for enforcement dismissed- how do I fix this in Colorado? Is it as simple as filing another motion or can I amend the already filed motion after the other party responds- real... Read more »

John Hyland Barrett III answered on Sep 13, 2018

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.

1 Answer | Asked in Child Custody and Family Law for Colorado on

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?

We are not legally married nor do we have any assets together

John Hyland Barrett III answered on Sep 7, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: We have custody orders that Colorado holds jurisdiction over . My children's mother is requesting that California take

Over jurisdiction as that is where she took my kids and moved to. I want jurisdiction to remain in Colorado as this was their home for the entirety of their lives, except for the past 2 years. I am wanting to petition for new custody orders as my kids have expressed wanting to be here. I have... Read more »

John Hyland Barrett III answered on Sep 6, 2018

colorado should retain jurisdiction since you have continued to live here. You should retain an attorney to help you with this.

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: My 10 yr old refuses to go back to moms. Can they make him with no court orders? Never married. In Colorado

No orders, his sister is 13 is also with me full time

John Hyland Barrett III answered on Sep 4, 2018

If there are no court orders, either parent is entitled to possession of the child. You should file for court orders so it is clear what the parenting arrangement is.

You should retrain an attorney to do this for you.

2 Answers | Asked in Child Custody, Estate Planning and Family Law for Colorado on

Q: if my grandparents had legal custody of me when I was kid do I have say over the living will if they have passed

My grandparents had legal custody and guardianship of me and my brother when we were kids up until I turned 18 they're passed away and my uncles are trying to evict me from the home I live in which is my grandparents do they have the right evict me from her home even though she said I could stay... Read more »

John Hyland Barrett III answered on Sep 4, 2018

Your grandparent's will controls who has the say over their property. If that is the uncle, he can evict you despite what your grandparents said before their death. You should have an attorney review the will to see if you have any rights.

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1 Answer | Asked in Child Custody and Family Law for Colorado on

Q: What are my rights for making decisions for my 2 kids when we are legally married still but living separate?

Wife and I have been separated for 1 year. Our kids are 10 and 12 and we switch off having them every other week, and live in separate places. We have not filed for divorce yet. She met someone recently.

5 days ago, she introduced me a guy . She introduced him as a friend that had... Read more »

John Hyland Barrett III answered on Aug 30, 2018

Until a divorce is filed, each party can do what they want with the children. Upon filing a divorce, the court can enter parenting plan orders. However, the court is not likely to control the children's contacts with the parties' significant others.

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: Daughter in law has lost her children for being an unfit parent. Lying to the courts and now we cannot see the children

My addict son and daughter in law have lost custody of their children, and my sister in law is fostering/ possible adopting in Nov if rights are terminated. In a last ditch effort to get the children removed from my sister in law, she is telling social services that my husband is doing drugs with... Read more »

Daniel B. Kelley answered on Aug 27, 2018

You have a complicated situation on your hands. Obviously I can't give you specific advice without knowing a whole lot more. At the same time make sure you are see the kids and contact an attorney. November is not that far away I would suggest talking to someone as soon as possible.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on

Q: Is it possible to get sole custody, in divorce proceedings in Colorado, if the other parent is willing to sign it over?

John Hyland Barrett III answered on Aug 20, 2018

The court will usually approve a parenting plan agreed to by the parties, unless something stands out as not being in the best interests of the children. The court would probably approve what you are describing.

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: If I have my son 4.5 days and his dad has him 3.5 days who typically pays child support?

My husband I are soon to be divorced I am the primary parent I want to ask for child support even though my ex has our son 3.5 days I still primarily pay for everything in regards to our son will the odds be in my favor?

John Hyland Barrett III answered on Aug 20, 2018

Child support is usually determined by a formula that considers each party's income, any maintenance payments, the number of overnights each parent has, the number of children and certain expenses for the children, such as child care and health insurance.You should retain an attorney who can assist... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on

Q: Can I relocate to another state with my children 3 years after my divorce was finalized? I currently have joint custody

The children spend approximately 90% of their time with me. We currently live in Colorado. The twelve year old twins and I would prefer to live in Illinois close to our friends and family. My ex and I share joint decision making.

John Hyland Barrett III answered on Aug 16, 2018

Colorado law requires that you have his written consent or a court order in order to do this. You should retain an attorney to help you with this.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Colorado on

Q: Wife filed for divorce (CO). wants to kick me out for emotional reasons... but we are civil, and there are no threat

My wife just doesn't want me around. we have 4 kids that need both of us. We have no extra money. I am the sole provider. my job only pays 16/hr. We are on food stamps and other assistance. There is no violence, drugs, adultery, or any risks. We have special needs kids, and in home therapists come... Read more »

John Hyland Barrett III answered on Jul 17, 2018

Once a divorce is filed, the court can determine whether one of you has to leave. The court's primary concern will be the welfare of the children. The court can also enter orders for the return of the children if she does not return with them. You should retain an attorney to make sure your... Read more »

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: No established custody, what are the possibilities?

My daughter is 10 years old. Her father and I have never been married. His name is not on the birth certificate. There has never been any custody established. I moved out of state 2 years ago. If I file for child support and a court order is granted, will my daughter's father have a say in whether... Read more »

John Hyland Barrett III answered on Jul 11, 2018

Missouri has jurisdiction over custody issues since the child has been there for at least the last 6 months. It is unlikely the court would order the child to return to Colorado. However, the father may get some visitation rights. The court could order some back support depending on the facts. You... Read more »

1 Answer | Asked in Divorce and Child Custody for Colorado on

Q: I want to flee the state. What's the worst that will happen if I go without any court orders?

We have 4 kids, we've been married 9 years and I have been a stay at home mom for that whole time. He hates me and is leaving me to get evicted, turning the electricity off in a few days. He's mentally abusive but was physically abusive to his ex. No one will touch him. Even with (unrelated)... Read more »

John Hyland Barrett III answered on Jul 3, 2018

There is no actual legal prohibition which prohibits your leaving before a divorce is filed. Once a divorce is filed, there is a restraining order which prohibits taking the children out of state without permission of the other parent or the court. Upon filing a divorce, the court may (and often... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: If I can't find my baby's dad because he left addicted to meth can I get sole custody of our child? What will I go throu

When he did come back for a couple months in a year's time he would leave the baby in a stroller or playpen all day while I was at work. I snooped in his phone and read messages on messenger that he was dealing both heroin and meth and that's why I left . I have no idea how to get a hold of him... Read more »

John Hyland Barrett III answered on Jul 2, 2018

You can request a custody order by filing a Petition for allocation of parental responsibilities. the court will have to decide matters in the best interest of your child. you should retain an attorney to help protect you and your child n this process.

1 Answer | Asked in Child Custody and Family Law for Colorado on

Q: Mother is requesting relocation to NM & child wants to live with Father what statute applies?

Child is almost 12 years of age and has an amazing relationship with Father. Mother denies visits, communication, and love from child to Father frequently. Father has every weekend 2 night visits currently and court recently denied Mother to restrict parenting time. Mother just does not want to... Read more »

John Hyland Barrett III answered on Jun 27, 2018

Relocation is covered by CRS 14-10-129: best interests of the child. you should retain an attorney to assist you with this situation.

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