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Colorado Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I have full custody of my three nephews, I just found out that my sister in law the opposing party has my three nephews

Out of state in Texas and did not inform us. Can she do that

Courtney Edwards
Courtney Edwards answered on Jul 9, 2019

It depends on what the last court order states.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I am currently receiving $700 per month for 2 children. This was set 5 years ago when I was making a decent wage.

Now I’m unemployed due to health issues, the father moved out of state without permission, Abe is 2 months behind in payments. If I modify will the amount I receive decrease?

John Hyland Barrett III
John Hyland Barrett III answered on Jul 9, 2019

This depends on his income. You should expect the amount to actually increase due to your decreased earnings if he is making the same or more. It could decrease if he is making less. You should get a lawyer to help you with this.

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1 Answer | Asked in Divorce and Child Custody for Colorado on
Q: I live in Denver, CO. If I have used my vacation time, can I take my kids on vacation during my holiday time?

We have 14 days of vacation and certain holidays each year.

John Hyland Barrett III
John Hyland Barrett III answered on Jul 3, 2019

This depends on the exact wording of your parenting plan. You should have your attorney review the Plan and advise you of what you can do.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is it possible to overcome a child's presumed paternity and divorce or separate without extensive time in court?

I had a child this year that I am nearly certain is not my husband's biological child. We were married in Colorado, I gave birth in Colorado, and we have since moved to another state (OK). I do not want to involve the courts more than absolutely necessary. I am not seeking child support, I am... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 9, 2019

If the child was born during the marraige, then there is a presumption that the child is of the marriage. If your husband contests your desire to receive sole cusotdy of the child, then you will either need to agree to a parenting arrangement or file a court petition to have the court issue an... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: Any way I can get an example as to what needs to be applied on the form JDF 1415 question 8 in modifying child custody

In 2011 my children's grandmother got custody tho I have lived with her since (and before) and always taken care of my children... In May 2018 I moved out from her home in pueblo CO and moved to Colo/spgs CO. In June of 2018 their grandmother gave them back to me because she had got evicted from... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 8, 2019

I am sorry to hear about your situation. It sounds like the grandmother has custody and if that is the case, she can keep the children pursuant to the terms of the order. If you feel that a modification is warranted due to a change in the suitability of the grandparent to have custody, you can file... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Hello, how does an individual residential parent petition for a GAL for his 2 minor children?

The bio mother refuses to declare her living residence to the bio father, she keeps a 1 bedroom apartment and uses her parents and grandparents home for mail, but stays in other places where she takes the children. She separates them during her parenting time leaving one with her mother and she... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 8, 2019

I am sorry to hear about your situation. It sounds like you can file a motion to enforce parenting time if there is a violation of a prior court order. You mention that she demands to see the children at will, however you are only required to follow the parenting plan. If she is ordered to pay... Read more »

2 Answers | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: Time with my daughter.My names on birth certificate and no custody case yet she refuses to let me see her. Is that legal

Hoping to find help so i can see my daughter again and hopefully get split custody. Her mother and I are still married, my names on the birth certificate. i was forced out of my daughters life by wife when we split. There is no custody case saying where my daughter is supposed to be. She refuses to... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 8, 2019

I am sorry to hear about your situation but you can make a change. You can file for an Allocation of Parental Responsibilities so that you can set a schedule for childcare and parenting time. Your spouse should not be preventing you from seeing your child absent concerns about the welfare of the... Read more »

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1 Answer | Asked in Child Custody for Colorado on
Q: My parents split when I was a kid and my mother had to pay child support for me and my brother

My dad then gave up custody of me and my brother to my grandparents. As far as I know my dad was still receiving that money and did not give a dime to my grandparents to help support us. Now that we are older (me 33 my brother 28) and now knowing that it was never paid to use to support us. Are... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 7, 2019

Though receipt of child support is the right of the child, the money is paid to a caretaker for the support of the child. Therefore no money would be owed to you. Any recourse for nonpayment would have been between your mother as the payor and your father as the payee and possibly your grandparents... Read more »

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: If a mother refused child support in court, can she go after child support later on?

The child in question has decided to live with his mother full time, instead of going back and forth between his parents' homes. The mother, who originally refused child support in court several years ago, said that she'll go after the father for child support (should the child live with her full... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 6, 2019

The child support is modifiable-so it can be changed based on changes in income and residence. You should consult with a lawyer about this.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: my husbands ex owes him $10000 in child support she pays $20 a month when she should pay $520 for 2 kids.what can we do

So my husband shares custody of the boys with his ex, they were never married, judge decided 5 years ago that it was better for the boys to live with dad because of a history of child abuse and negligence from her side, child abuse keeps happening, according to child services the abuse is not bad... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Apr 15, 2019

Your husband has a variety of remedies, including contempt and garnishment of her wages. He may be able to get a modification of parenting time/decision making. One approach would be to have the court appoint a Child and Family Investigator or a Parental Responsibility Evaluator to review the... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: My child is 16 and wants to live with me, with the noncustodial parent, but we want to move out of state.

The other parent has primary custody but we technically split 50/50 with a week on/week off schedule but my 16 year old wants to live with me full time and we would like to move out of state but I don’t know which papers that I would need and if they would have a choice even if the other parent... Read more »

Courtney Edwards
Courtney Edwards answered on Mar 11, 2019

You would need to file a motion to relocate and have a hearing if the other parent does not agree. Because your child is 16, the judge may consider his/her input. But these are hard cases to win. You should consult with an attorney to help you with this matter.

1 Answer | Asked in Child Custody for Colorado on
Q: Where do I file papers for legal guardianship in Colorado?

My niece and I signed a notarized paper, giving me sole guardianship of her son. What do I do next, legally?

Courtney Edwards
Courtney Edwards answered on Mar 4, 2019

Start here: https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=103

You'll need to file in the District Court in the county where your niece's son lives and have the judge approve the guardianship. There is a bit more to it than your niece just signing a piece of paper. The...
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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Have notarized POA of a minor child, how do I file it to make legal in a court of law?

She signed the paper yesterday and took off. Baby is three. Has a grandmother in TX who is illegal, father was deported 3 years ago. How do I make this legal in the court? We have been raising him for 2 years now.

I just left the court house and they said notarized POA is useless.

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

The POA does not need to be filed with the court in order to be effective. If you are seeking legal custody, you do need to file a court action. You may be able to do so since the child has been with you for 2 years. You should retain a lawyer for this if that is what you want to do.

3 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Will my ex have to count his income “assistance” on our financial worksheet?

My ex doesn’t work or go to school. His mom pays all his living expenses bc they are extremely wealthy.

I just got a job offer in Nebraska and want to go to court and ask for my son for the school year and he can have him for breaks and weekends and such (it’s only 5.5 hrs away).... Read more »

Brynne Gant
Brynne Gant answered on Feb 16, 2019

When filling out a sworn financial statement, he should claim income from any source, including from his mother. That said, it can be difficult to enforce this if she is paying him in cash. You may need to get approval from the court to request her bank statements/financial documents as well as... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Hello, My ex has filed a motion to modify parenting time, how do I respond please? Thank you!

My ex filed this in response to me enforcing a child support order

Courtney Edwards
Courtney Edwards answered on Feb 13, 2019

There is a general response form that the Courts have available online, see JDF 1315 (google "colorado jdf domestic forms"). You'll need to fill it out, file it with the court, and give a copy to your ex. Also see JDF 11031I- that is the instruction sheet on how to file a response.

I...
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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: My son's father hasn't seen him in 19 months. Can I move out of state with my son with my son's father's consent?

The only court ordered thing was child support. He doesn't care to see his son

Courtney Edwards
Courtney Edwards answered on Feb 7, 2019

It depends on the arrangement you currently have- if there is a court order in place, you'll need to modify the terms of the court order first. Your son's father's consent will greatly help in the process as you can file a stipulated amendment to what ever agreement was last adopted by the court.... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I take away my ex's rights and have my husband adopt my daughter

My ex does not pay child support, says he does not have an income, also he lives in Canada

He has not paid an support in over 2 years except a $100 at Christmas so that I could get her presents from him.

My husband wants to adopt her, I have heard that since he does not pay I can... Read more »

Courtney Edwards
Courtney Edwards answered on Jan 17, 2019

Short answer to your question: yes, that is true. Your ex's failure to support and maintain a relationship with his daughter can serve as the grounds to terminate his parental rights and clear the way for your husband to adopt your daughter. If your ex consents to the termination and adoption, it... Read more »

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1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I recieved a JDF 1415, is this not a child support change?
John Hyland Barrett III
John Hyland Barrett III answered on Dec 6, 2018

JDF 1415 is the form to use to request a change in decision making for the children. It may result in a change in child support if the parenting time is also changed. You should hire a lawyer to review what has been filed and advise you how best to proceed.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Hi! I have a 15 year old that chose to live with non custodial parent and now does not see me much. Can I force her to s

See me? And does he still need to pay support?

John Hyland Barrett III
John Hyland Barrett III answered on Nov 28, 2018

Both parents need to comply with the existing court orders, including the parenting time schedule and support provisions. They are subject to change by the court if appropriate. You should hire a lawyer to enforce the orders.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Professional supervisor not supervising visits properly , what should i do?

During a supervised visit, the supervisor could not hear or see the child and non-custodial parent and vice versa. . child got upset and no longer wants supervised visits, especially not with that supervisor. Supervisor's contract states that the child reserves the right to not go to the... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 27, 2018

The supervisor usually has discretion regarding exactly how to conduct the supervision. Although the supervisor's contract may have some guidelines, the real controlling document is the court order. You may want to raise these issues at a review hearing. You should consult with your attorney about... Read more »

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