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Colorado Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Colorado on
Q: What do I do after filling custody papers and the other parents keeps asking to see the child and keep her a few days
Sabra M. Janko
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answered on Apr 6, 2022

If there is no court order, then you should not deny the other parent access unless there are safety reasons.

1 Answer | Asked in Child Custody for Colorado on
Q: Mother (Exwife) wants to relocate out of state with child. How often do dads win primary custody in relocation battles

Mother has remarried, has two more children with step-father. We share 50/50 custody of our 8 YO son. Mother and new family want to move out of state. I have a pretty serious lady in my life, but not remarried. Ex and I have a good working relationship and son is doing great in all aspects. 5... Read more »

Sabra M. Janko
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answered on Mar 23, 2022

Each case is different. It is not about gender but what is in the child's best interests.

"How do I show it's better for him to be with his single dad than whole new family?" That is a question that you have to ask yourself to determine what is in the child's best...
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1 Answer | Asked in Family Law, Medical Malpractice and Child Custody for Colorado on
Q: My medical records used in custody dispute, without my consent or knowledge via ex. What action can I take?

My ex provided a print out of my medical information from delivery as an exhibit in our custody hearing yesterday without my consent or knowledge in an attempt to slander. Colorado

Sabra M. Janko
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answered on Mar 12, 2022

I am sorry to har about that. How did you ex obtain a copy of your medical records? Your consent is not required for use as evidence.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Colorado on
Q: Are the details below obstruction of justice and if so, can I file for obstruction of justice?

I am currently in a custody case with 3 individuals. Me, the Father, and his sister/intervener (sister has guardianship) we just went through a Child family investigation and the CFI recommended that the guardianship is no longer in the best interest of my son and that my son should be returned to... Read more »

Sabra M. Janko
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answered on Mar 10, 2022

A CFI Report not not pertain to "justice" but rather the best interests of the children. Generally prosecutors are not interested in pursuing issues that arise in civil matters. However if you believe that someone behaved inappropriately in the civil case, you can raise that issue in the civil case.

1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: Does cheating on spouse in colorado affect the custody of kids when the cheating parent had a previous dhs investigation
Sabra M. Janko
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answered on Feb 20, 2022

I am sorry to hear about your situation. Colorado is a no-fault divorce state which means that in general marital fault does not impact parenting time matters. There are exceptions for matter that impact the children and there can be exceptions for economic fault.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: How do I request a child investigator? What is the paperwork?
Sabra M. Janko
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answered on Feb 19, 2022

You file a motion with the court requesting one and stating the reasons why you believe one is necessary. If you qualify for state payment, then there is no cost to you for the investigator. If you do not, then the investigation is capped at $2750, with each parent generally paying for half of the... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I request a judge to speak to my kids regarding the treatment they are receiving at their fathers house?

We have 50/50 custody, the father lives in Canon City and I live in Fountain. I am planning on moving to Denver before the end of the year. Can I request and be granted full custody due to employment?

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 18, 2022

You may request that the judge interview the children. Many/most judges will not do so. Another option is to request a CFI (Child and Family Investigator) who can report on the situation. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: X agreed that son and I could leave the state. He Changed his mind and now he's in another country. What can I do?

I talked with my x about moving to another state. Initially he agreed. He has a home of record in the state we live in but he does not reside in the state. IF he decides to come get our son, they stay in a hotel or Air BnB. As per custody agreement he's to get our son 6 consecutive days a... Read more »

Sabra M. Janko
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answered on Feb 14, 2022

I am sorry to hear about your situation. You can move to modify the parenting plan and enforce support. However, you do have to notify him. Generally for post-decree actions you can mail a copy of the filing documents to his last known address. However because you know that he is out of the... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: If I pay child support on two children that live in two different counties, after I’m done paying support on one,

Do my payments increase for the other child support payments

Sabra M. Janko
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answered on Feb 5, 2022

Potentially. You would have to run a new child support worksheet to see based on current incomes and number of overnights at that time.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I’m a single mother to a teenage, special needs son. I’m looking for child support and a parenting plan.

Father and I have never been married, never been to court, have zero agreement. Recently, father started paying $300 a month in child support, although I have 100% parenting time. Father can afford more but is unwilling to pay more or help with groceries or utility bills, doesn’t pay for... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 19, 2022

You should file a court case to get these things in place. Child support can be set based on the respective incomes of the parents. A parenting plan can be established in accord with the best interest of the child. You should get a lawyer to help you with this.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I move out of (CO) state with my son?

We have joint custody and I have primary custody. Parenting time is switch every 2 weeks. My relocation would be to Texas for better living and because I would be able to buy a house there. Our son is 11turning 12 in May.

Sabra M. Janko
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answered on Jan 17, 2022

You would have to have the other parties cornet or a court order.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you get in trouble if petitioner doesn’t provide correct address to receive response?

Custody case I tried mailing response but person did not put full/correct address on court papers but paper were filed in court.

Sabra M. Janko
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answered on Jan 9, 2022

A person has to be accurate with their address with the court and failing to do so may be a false statement or it may be an inadvertent mistake depending on the inaccuracy. Also, people often are not aware that they have an obligation to update their address if they relocate.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Me and my wife loss custody to our 3 children it's been 3 years now do we start visitation or go for custody

my question is do we go for custody or does it start with visitation

Sabra M. Janko
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answered on Jan 9, 2022

It depends on what you mean by lost custody. If your parental rights were terminated then you have to go through the Department of Human Services to request reinstatement.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Colorado on
Q: What if a court order is impossible to complete ?

I got divorced in Colorado and have been ordered reintegration therapy to have contact with my children however I live in Florida. To have therapy the therapist must be licensed in both states this is impossible to find and if I did find a therapist willing they would be in violation of the law... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 6, 2022

Yes, you can file a motion to have he court modify it's order. Your motion should propose a solution that is possible and that will meet the court's initial concerns. You should get a lawyer in Colorado to help you with this (assuming the order is from the Colorado court).

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: To see my son in utah

Me and my ex-wife were divorced four years ago there’s a family plan in place here in Colorado we moved to Utah three years ago where she resides today I was out here in Colorado now we split up she has threatened to have me arrested if I show up at the residence. She has had me arrested before... Read more »

Sabra M. Janko
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answered on Dec 29, 2021

I am sorry to hear about your situation. It is unclear where you reside and where the child resides. In any event, if she is violating the court order, you can enforce it. Colorado has continuing, exclusive jurisdiction, however if all parties are no longer in the state, a party can petition to... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can my ex give his parenting time to his new wife while deployed?

I have primary custody of our son. My ex recently got married right before his deployment and is now saying that he is giving his parenting time to his new wife. I was under the impression that when he deployed I had temporary full custody. Is he legally allowed to give his parenting time away?

Sabra M. Janko
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answered on Dec 21, 2021

He can request that. A fit parent is considered to be able to delegate his or her time. However, the delegation is not automatic. You can contest it as not being in the best interests of the children, if that is the case. He also would have to file with the court to modify the current plan if you... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: how to get support order from evasive father. process started 3x since 2016

first attempt in 2016 included a dna test from guy i was married to at time of birth, not the father but because i was married they told me to leave father part blank on his birth certificate. this attempt was instigated when i was approved for tanf after having to leave our home due to my mothers... Read more »

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Dec 16, 2021

You can contact child support enforcement for assistance in child support matters. If you have already contacted them, they are the agency who can answer questions about what has happened in your case.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you find out why the other attorney for the petitioner withdrew from the case?

The motion to withdraw presented by the other parties attorney doesn’t say why. Is there a way to find out why they withdrew? Especially when they were winning?

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Dec 14, 2021

The attorney can not disclose the reason for withdrawal due to client confidentiality.

1 Answer | Asked in Child Custody for Colorado on
Q: If my child goes to a preschool that is off on Fridays, what are her weekends with her father on every other weekend?

Friday 6:00 to Sunday 6:00, or Thursday 6:00 to Sunday 6:00

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Dec 14, 2021

It depends on your agreement or the court order.

1 Answer | Asked in Child Custody for Colorado on
Q: custody case CO Father in Mi Mother in Co, Mother wants to move to MI, does this rewuire request to relocate?

Father currently is restricted from visitation per jefferson county court

Sabra M. Janko
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answered on Dec 14, 2021

Generally if you are relocating closer to the other parent, no request or court permission is required. However it sounds like this case has a history and each case is unique depending on what has happened.

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