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Colorado Child Custody Questions & Answers
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 »

1 Answer | Asked in Child Custody for Colorado on
Q: My ex sent my child to live with a relative. We have a 50-50 parenting plan signed. Can I go get my child?

Our agreement stipulates that we have 50-50 custody and shared decision making. We also have a stipulation that if one parent can't be with the child for more than 2 consecutive nights, the other parent has right of first refusal to care for the child. My ex is currently only allowing me to... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 14, 2021

If the court order allows you parenting time at a time where the child is elsewhere without your consent, then you can pick up the child. You could also involve law enforcement if necessary to enforce the order.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can one parent, as the "primary parent" make appointments and decisions about how the other parent's time is spent?

Is it legal for one parent, designated as the "primary parent", make appointments and decisions for how unsupervised parenting time is spent with the other parent? The "step up" program has been over and done for over a year now, and now the other parent is trying to control... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 11, 2021

I am sorry to hear about your situation. It depends on what your court order says. Usually one parent should not schedule events that will occur on the other parent's time without the consent of the other parent. However there is no law that prevents that. If this is an issue, then you may... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: I am wanting to move out of state with my two children. One of the children I split 50/50 custody. How would this work?

Would they split siblings like that? He has no other children besides the two year old we share.

Sabra M. Janko
Sabra M. Janko answered on Mar 10, 2021

If you would like to relocate with children, you will require the consent of the other party or a count order. Usually courts disfavor split custody, however if it is in the best interests of the children or you and he agree to it, then you could have split custody.

1 Answer | Asked in Child Custody for Colorado on
Q: Would colorado split siblings if I choose to move out of state? I share custody with a two year old 50/50.
Sabra M. Janko
Sabra M. Janko answered on Mar 9, 2021

Split custody is not particularly favored by Colorado courts, however you can agree to it with the other spouse. You can also ask the Court for it and if the Court decides that it is in the best interests of the children, then it will award it.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My fiance has lost her children do to a cps investigation, if we get married now will it be easier to get them back?

My fiance was in a horrific situation with an ex and as a result cps took her kids and they currently live with her mom and shes under investigation to see if shes fit and now that shes pregnant with my child they're saying they're gonna take that one to and I dont have any kind of record... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

I am sorry to hear about your situation. The fact that she becomes married is not likely to impact whether she is a fit parent. Though if it increases financial stability that may be relevant. The focus will be on her and her behavior and treatment success.

1 Answer | Asked in Juvenile Law, Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can you ask for parental rights stripped when a parent is charged with cruelty to juvenile?

My ex husband kept my son from any contact with me for a year and a half. During which time he removed him from school telling him it was for his own good he is to stupid to be in public. He socially isolated him. Neglected to give medical treatment to him on numerous occasions. He and his wife... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

You can ask for it if he has been convicted of a crime related to child abuse, however the court may grant supervised visitation instead if it determines that the supervised contact would be in the best interests of the child.

1 Answer | Asked in Child Custody for Colorado on
Q: My 17yr kid I have 50/50 custody over chooses to stay with dad and not me am I legally required to pay dad child support

In Feb of last year, my ex and I split. At the time, we agreed to in our parenting plan to have 50/50 custody of our youngest son who is now 17 years old. He is a senior this year and will be 18 in August. He recently decided he likes staying with his dad because there are less/no rules over... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

You are not required to pay him anything other than what the order states unless there is a modification. If you do not agree, he would have to file with the court for that. He is required to encourage your son to spend the time with you specified in the order, however it can be difficult with... Read more »

2 Answers | Asked in Child Custody for Colorado on
Q: Can I potentially fight for more custody given what was in the CFI report ?

filed an allocation or parental responsibility case in 2019 I was offering 50/50. The other party has had an attorney and a year later he decided he wanted to request a cfi under false accusations and to slander me. During the investigation i took a hair follicle test as the other party was... Read more »

Paul Morgan Gaide
Paul Morgan Gaide answered on Feb 19, 2021

Dear Denver:

You can use the CFI report to support your positions. The critical point which the Court will be seeking to determine is whether the conduct of either party negatively impacts the child(ren) at issue, and if so, how to best deal with such conduct.

Paul M. Gaide, Esquire

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Colorado on
Q: Child custody and support questions.

In the divorce paperwork my ex wife stated that our daughter was not mine and I was not the biological father so what rights do I have and can I file charges cagainst her

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

I am sorry to hear about your situation. If your name is on the birth certificate or the child was born during a marriage with her, you are the presumed father. If you would like paternity testing, you can do that privately if you have doubts. As far as charges, it is not likely that you can file... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: If someone is telling you that they have pictures that they will show if you take them to court what should u do?

Court would be for rights to a kid And the pictures are not good

Sabra M. Janko
Sabra M. Janko answered on Jan 26, 2021

You can always defend with whatever evidence you have. You can also agree to settle the issue without going to court. The importance of the pictures to the case depends on what the pictures show.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I have a question about filing a motion on my own.

Petioner has admitted to lying in court about his employment and refuses to pay child support. He is also unemployed and does not have the funds to support our son. He is also filing his 6th motion to get child support terminated as well.

Sabra M. Janko
Sabra M. Janko answered on Jan 21, 2021

The answer to your question depends on what the current status of the case is. It looks like he plans to file motion. You have the ability to respond to that motion within 21 days if you are in Colorado and within 35 if you live outside of Colorado.

1 Answer | Asked in Divorce and Child Custody for Colorado on
Q: Can my ex wife who has had multiple seizures take my kids from me?
Sabra M. Janko
Sabra M. Janko answered on Jan 21, 2021

It depends on whether there is a current order and why she is trying to establish or change parenting time and whether she and you are both fit parents. There are a number of factors that a court considers in determining parenting time.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: If a father is not on the birth certificate does he have the right to get a lawyer and take your child away from you

Under false pretenses besidesOnly thing is is living in hotel rooms after losing house. And is it against the law to do it without being served with paperwork before court date

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

A person who has no connection to a child can "take the child away" in court in the sense of obtaining custody. It sounds like the father here may have some connection to the child.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for Colorado on
Q: How do I get my parenting plan enforced, since local law enforcement won't help?

My grandmother has been refusing to let my children be taken from her custody under threat of dhs involvement, since June 2020. The judge in both cases acknowledged my custody order but doesn't know why its not being enforced. HELP

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

If you have a custody order, you can enforce it in court. You would file a motion to enforce.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My boyfriend and I live in Colorado. Does he have parental rights to my 2 teenage children that live with us full time?
John Hyland Barrett III
John Hyland Barrett III answered on Jan 13, 2021

He does not have any parental rights absent a court determination that he should have them. It is sometimes possible for a non-parent to obtain parental rights if doing so appears to be in the best interests of the children.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: If the petitioner passed away, is the court order still valid?
Sean Maye
Sean Maye answered on Jan 8, 2021

Without knowing the specifics of what you're referring to and the specific Court order at issue, no attorney can say you're correct 100%. But, generally speaking, an Order from the Court that requires 2 parties to act or not act in a particular way can become moot upon the death of one... Read more »

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