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Colorado Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: After the CFI report has been filed, and the magistrate said supplemental/rebuttal report needs filed within 14 days…

Can i write a rebuttal report regarding all of the collateral contacts telling bold faced lies that I have proof of?

Brock Richard Wood
Brock Richard Wood
answered on Jan 23, 2023

You can always challenge the CFI's conclusions and recommendations if you believe that a third party told a lie to the CFI and the CFI relied on that lie in coming to a conclusion or recommendation in the CFI's report. If you are filing a rebuttal document, make sure to attach the... View More

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: After the CFI report has been filed, and the magistrate said supplemental/rebuttal report needs filed within 14 days…

Can i write a rebuttal report regarding all of the collateral contacts telling bold faced lies that I have proof of?

Sabra M. Janko
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answered on Jan 24, 2023

Only a CFI can write a rebuttal report. However, you can submit whatever evidence you have in your testimony in court. There are rules of evidence surrounding character evidence and impeaching someone. If testimony is admitted about the lie, then you can impeach the lie. The CFI Report will be... View More

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I’m in a custody case what form is it to get a default judgment order so I can have the other person drop from case.

She was served it’s been 96 days and she still hasn’t filed a response nor any paper work. However she has been to the first meeting and mediation. But haven’t file parenting plan a response sworn financial statement nothing. So I want her to be dropped from the case if that’s possible

Brock Richard Wood
Brock Richard Wood
answered on Jan 23, 2023

In Colorado, you can ask the court to set a "default judgment hearing" if the other side just goes "radio silent" like this. At a default judgment hearing, the other side may be limited in the evidence they can put before the judge because the other side has not complied with... View More

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: When the petitioner needs to change the venue for child custody jurisdiction, does the petitioner need to be re served?

How will the respondent know the jurisdiction is changed?

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answered on Jan 22, 2023

It depends. Venue can only be changed under certain circumstances. Usually an action has to be filed in the county where the Respondent resides.

The other party has to be notified of every document filed in a case.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: When changing a venue for child custody, does the petioner have to have the respondent re-served?

Does a venue change have to occur or is just an option for a custody case for a child under 6

Brock Richard Wood
Brock Richard Wood
answered on Jan 21, 2023

In Colorado, a child custody case (known as an "allocation of parental responsibilities" case) is filed in the county in which the child resides or where the child is found. See Section 14-10-123, Colorado Revised Statutes (C.R.S.):

"(1) A proceeding concerning the...
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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How is a single parent father able to terminate mother parent-child relationship? I have Sole Physical & Legal custody.

My son has a half sister, her father was able to do a termination of mother’s parent-child relationship with a step adoption. I have more than enough substantial evidence to prove mother is an unfit parent. This custody battle has gone on 6-1/2 yrs as long as our son has be alive. Mother... View More

Sabra M. Janko
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answered on Jan 5, 2023

One parent can't terminate another parent's rights. The step-parent adoption process is an exception. If there is a step-parent willing to adopt and the court decides that is in the parents best interests, then a step-parent can adopt. Parental rights are terminated through the dependency... View More

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How much would it be to hire a lawyer for court one time to fight an emergency custody order?
Brock Richard Wood
Brock Richard Wood
answered on Jan 1, 2023

Hello. You should consult with an experienced Family Law attorney and give him/her the facts in your case. Then ask the lawyer what sort of representation assistance the attorney can provide and how much it would cost.

In general, however, under the Colorado attorney ethics rules and...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: How does custody work when your child is only 15 months old and can't voice any kind of personal parental preference?

I am still currently married to my wife and we have a 15 month old daughter that we both love dearly and want the best for, but I am at my breaking point in regards to my relationship with my wife. She is not the woman I married and I fear that staying married to her will not only keep me... View More

Brock Richard Wood
Brock Richard Wood
answered on Jan 1, 2023

Hi, James. I am sorry to hear about your unhappiness. Hang in there.

The question you ask is "How does custody work when your child is only 15 months old". The age of the child is a factor that the courts in Colorado consider when allocating "parental...
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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Can I be in legal trouble for taking my 6 year old daughter by her dad's house to get her own things?

There is not/never has been a restraining order upon me. The house is owned by his girlfriend. We have a mediated agreement in place for the parenting plan that simply designates a dropoff spot. We had just been at that spot, when she said she forgot her stuff. I tried to flag him down, texted... View More

Brock Richard Wood
Brock Richard Wood
answered on Jan 1, 2023

From your description of the facts, it does not seem that you actually entered the father of the child's home. How old is the child? Based on your description of the facts the child must be old enough to walk, unaccompanied, from the curb into her father's house and go back out again.... View More

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Can I be in legal trouble for taking my 6 year old daughter by her dad's house to get her own things?

There is not/never has been a restraining order upon me. The house is owned by his girlfriend. We have a mediated agreement in place for the parenting plan that simply designates a dropoff spot. We had just been at that spot, when she said she forgot her stuff. I tried to flag him down, texted... View More

Rebecca Pescador
Rebecca Pescador
answered on Dec 28, 2022

From your description of the facts, it seems unlikely that the judge will find you did anything wrong. You attempted to contact him to resolve it. When you went to the house, an adult who resides there let your daughter in, she got her things, and you left. From your description, there was no... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: I have a friend whose wife is an alcoholic and has been having an affair. Is there anything that can legally be done?

She has been having the affair for the last few months. Staying out all night, not coming home until the morning smelling of alcohol. They also have an 8-year-old child together who has witnessed her behaviors. She has also been neglecting the child. The child keeps asking for his Mom who has... View More

Sabra M. Janko
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answered on Dec 21, 2022

It depends on what he wants. He can get divorced or he can see if his Wife will agree to treatment. It is unclear the nature of the neglect. Just being gone while someone else is caring for the child is not neglect. It is not likely that she will be prosecuted for adultery.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Do I have to allow my children (14) 100% unrestricted access to a cell phone their mom provided?

My children have had cell phones for a few years, with screen time limits and certain apps blocked. Their mom never approved and told the kids not to take them to her house on the weekends. They've always been able to contact her on my phone whenever they want. Now that they are in high school... View More

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answered on Dec 13, 2022

There are no laws about when phones have to be available and parents are generally expected to be able to reach agreement. There are parental coordinators and decision makers who can assist parents in reaching agreement on matters that do not rise to the level of court intervention. The general... View More

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Opposing counsel said I was mentally ill & an alcholic.can she just make these claims that’s aren’t true? How can I stop

The lawyer is doing this because I had told my ex on talking parents I was going to file a motion to relocate. She then came back with accusations to take my kids away. Trying ti get full legal and physical custody. Trying to stop my relocation.

Is it illegal for her to call me mentally... View More

Brock Richard Wood
Brock Richard Wood
answered on Jan 1, 2023

I agree with the other attorney who answered this question.

My two cents: If an attorney makes baseless allegations against you, and there is no support for those allegations, that usually is a good thing for you.

Why? Making baseless allegations, that you can prove are baseless,...
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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... View 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... View 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 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... View More

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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... View 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, Child Custody and Child Support for Colorado on
Q: Can me and the witness wave the 14 days of a subpoena being served
John Hyland Barrett III
John Hyland Barrett III
answered on Apr 12, 2024

Yes, if the witness agrees.

1 Answer | Asked in Child Custody for Colorado on
Q: after contempt of court is in effect what else can you do to get your child back

can i suspend visitation or put in an emergency restrict of parenting time motion into the court? my son is 13 and refuses to come home because his dad told him that iam a fellon, which is true however this dosen't effect my parenting our son, I was a fellon when we had our child it was never... View More

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answered on Dec 28, 2023

I am sorry to hear about your situation. You do not have the authority to restrict another party's court-ordered parenting time absent safety concerns that you can support with evidence and even then you would have to request a modified order from the court related to that.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: When a temporary court order is vacated does the original order go back in place?

My child's father and I have had a parenting plan filed with the court since 2011 where I am the custodial parent and he gets visitation every other weekend. After an argument I had with my 18 year old my son went to his father's and was not returned. After being gone for 3 weeks his... View More

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answered on Nov 26, 2023

If the court completely vacated the temporary restriction, then the original order goes back into place. However sometimes the court will vacate the restriction but implement new provisions so you want to make sure that you completely understand any order that was a result of the emergency motion.

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