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Colorado Child Custody Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: If I get child support from my kids dad and I've had her always but never had custody arrangements can he come take her

I've had her her whole 6 years of her life, he's had her stay the night once. He pays me child support through the county. Her address is my address, all of her stuff is here and she doesn't want to go.

Sabra M. Janko
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answered on Oct 9, 2023

It sounds like you need an allocation of parental responsibilities (child custody) order. Without one either of you have access to the child. The fact that he pays support does not give him a superior right to the child.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: the father of my child never got legitimize moved of state for better Medical care for a relapse of multiple sclerosis

Since I’ve been in Colorado state, after visiting the child’s father has filed for the legitimization, sole custody and child support in the county where he resides . I was served a hand delivered summons of him requesting legitimization, sole custody and child support . The summons that I... View More

Sabra M. Janko
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answered on Sep 30, 2023

He would have filed a petition or motion to which you have 21 or 35 days to respond depending whether you are in state or out of state. This is where you can provide your position about anything that you believe is wrong about his information.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: In the middle of custody trial, ex asked for primary custody.

I have maintained primary for 10 years (our son's entire life). We live in different states and I was given primary interim custody. I have no personal issues or concerns and have always been a great parent. Our son is doing great. What is the likelihood the judge would entertain his request... View More

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answered on Sep 14, 2023

If there is already a court order, unless you have relocated since the last order, he would have to show endangerment to change primary parenting time.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is an unsigned Order any good?

My son's mother, the Respondent, and her attorney filed an Order without any signatures on it. He did this last month and the judge didn't accept it even though one of her staff members stamped it Granted without signatures.

Now it's happened again at 1pm this afternoon when... View More

Craig Valentine
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Craig Valentine
answered on Aug 2, 2023

This is a complicated question, and unfortunately not one that lends itself to an easy answer in this forum. I do see from your question, though, that you have an attorney representing you. Only reviewing the court's case file can tell you whether the order you are questioning is an order of... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Child support is 560. Will go to 100 when custody is 50/50. Child's mother is asking I pay daycare. That's in the CS?

560 is based of of 81 overnights, which I've kept track and am bearing 100 overnights which would have more impact on CS

Steven  Visser
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Steven Visser
answered on Jun 20, 2023

Child Care can be factored into the child support worksheet. For example, if mother is paying the child care, then the amount she pays per month should be credited in her column on the worksheet, which would change the amount of child support.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can I legally be forced to communicate with the mother of my children? They are 18, 16, 11. We have joint custody.

She has filed a no contact order and I signed it, but it has exceptions. Mainly, that we can communicate via a specific app and only if it is in the best interests of the children. Since signing that I have sent several messages concerning the children. One about who should tell them there is a no... View More

Sabra M. Janko
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answered on Apr 4, 2023

You have to comply with the order. Generally they are phrased in terms of allowing discussions pertaining to the children.

1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: Can my ex who im still married to keep my kids from me even if only one of the 2 are his biologically
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answered on Apr 4, 2023

He can only keep the biological child from you if he believes that you are endangering the child. In that case, if you disagree, you will want to file for child custody or file for a modification if you already have a custody order.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My partner's ex wife breaks the parenting plan only when it is "convenient" for her. Does this null and void the plan.

The father of the child agreed to terms for fear of losing his child. 5 years later, the mother of the child does not enforce the parenting plan, and encourages the plan to be broken ESPECIALLY when it is in her benefit.

EX: Father is to have supervised visits. The mother of the child,... View More

Sabra M. Janko
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answered on Mar 25, 2023

A parent's failure to comply does not void the court order. Either party can move to enforce the order with the court. Unless Mother has sole decision making, Father should have direct access to medical and educational records.

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for Colorado on
Q: is it fair whenAjudge lets the opposing party2agree onAcontinuance,when the askingParty was not givenAsufficient notice?

How is it fair When a Judge lets the opposing party 2 agree on A continuance,when the Asking Party was not Given A Sufficient notice? Of course the opposing party is going to disagree with the request because it would give the requesting party time to obtain counsel or dispute the facts. So how... View More

Steven  Visser
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Steven Visser
answered on Mar 8, 2023

A continuance can be granted by a Court for any number of reasons but usually it needs to be for good cause. The granting or denial of a request to continue a hearing is within the discretion of the Court.

1 Answer | Asked in Child Custody for Colorado on
Q: I had a permanent orders hearing for custody of my son back in January, but no orders have been put in writing yet and

It is now march, what can I do about this?

Sabra M. Janko
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answered on Mar 4, 2023

The court is on its own timeline so you can not compel a faster order. It may be that there is a minute order, an informal order, in the case file that can be obtained earlier. You could also call the court clerk to see if you can find out any information.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What does Order:Motion to Modify The motion/proposed order attached hereto: SO ORDERED. Mean

I filed to modify child support and this what the judge ordered

Sabra M. Janko
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answered on Mar 2, 2023

Most likely it means that your request was granted. However without seeing the order it is hard to say. Each courthouse has a self represented litigants center. They might be able to help you.

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1 Answer | Asked in Child Custody, Libel & Slander and Family Law for Colorado on
Q: What can I do about my ex turning my kids away from be?

My ex-husband has convinced my children that I was mean, evil, abusive, and negligent to them. He has told them I'm selfish and all I did was party and yell and scream all their lives. He has them so afraid of me they won't even talk to me. He refused and still refuses to discipline them.... View More

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answered on Feb 25, 2023

I am sorry to hear about your situation. If he is violating a court order with regards to parenting time, you can enforce the order. Most parenting plans have an anti disparagement clause and if he is violating that, you can enforce the order.

1 Answer | Asked in Child Custody for Colorado on
Q: Working for a bank do you automatically get help for legal services?

I filed custody for my kids, and their absent dad said he works for a bank so he has more than enough legal help to fight and gets what he wants out of this custody case. Should I believe him? Do I need to get a lawyer as well?

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answered on Feb 4, 2023

Some employers offer prepaid legal services as an employee benefit, however it is not likely that all banks offer this option.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Hello, I am currently trying to get my daughter back who is with her paternal grandmother in Florida.

She has been with her for a few years in Florida but she recently came to stay with me over the summer until September. Her grandmother has temporary custody of her (in FL) but there is still a shared customer order in Colorado between her father and I. Her father is not in the picture but she... View More

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answered on Dec 27, 2022

Based on what you are saying, there appear to be conflicting orders. It would be necessary to review the orders before anyone could provide information on how the potential conflict might be resolved.

1 Answer | Asked in Family Law, Child Custody, Child Support and Military Law for Colorado on
Q: If a court order says "Immediate Genetic Testing", can I provide this to a testing facility to get results on file?

I have a Court Order from Oklahoma for immediate genetic testing of the father of my child. The Armed Forces Medical Examiner System has a DNA test on file that was apart of a Criminal Investigation involving myself, the father and the child included on the court order. I have received the redacted... View More

Sabra M. Janko
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answered on Oct 31, 2022

Probably not. The order requires testing, not release of test results.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: can he re-nig on the letter he wrote and signed that i recorded him writing and signing

My husband and i are married and live together with our two year old. there is so much toxicity and i want to move our two year old out to nevada and not share custody. He has little to no bond with her . he is obsessed with his phone .. OBSESSED. the apartment is roach infested and has huge cracks... View More

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answered on Oct 22, 2022

You could attempt to use the letter to justify a move, however he may claim duress. It sounds like he may have written the letter in an emotional moment. Also, not knowing what he has to say about the situation precludes any kind of assessment of the strength of your position.

1 Answer | Asked in Child Custody for Colorado on
Q: how can i find out about a child custody case that is supppose to go on in utah but i think the mother is lying.

i looked uo court docket and found nothing on this woman.i beleive that this woman is lying about this whole thing do u have any suggestions what i can do

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answered on Oct 3, 2022

You can call the Court and ask if you are a party to the proceeding. If you are not, then domestic relations matters often are not available to the public, especially those involving children.

1 Answer | Asked in Divorce, Family Law, Child Custody and Civil Rights for Colorado on
Q: My kids mother is collaborating with my ex whom I'm in the process of divorcing and taking kids to see her. Can I stopit

Kid mother is taking my kids to see ex that I'm divorcing currently and collaborating with her to take everything from me. Can I stop her from taking my children to her

Sabra M. Janko
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answered on Sep 18, 2022

You do not have the ability to stop the children's mother from taking the children to see people unless their safety is impacted.

1 Answer | Asked in Child Custody, Civil Rights, Federal Crimes and Libel & Slander for Colorado on
Q: What do I do if transcripts for my case we’re just put in and they do not reflect what actually happened in court?

It’s a dependency and neglect case opened a year ago. There have been no transcripts and finally after court last time I checked again and there are a year with of transcripts but all of the information is wrong, it even skips from 9/22 to 9/21 then back to 9/22. So there not even in order.

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answered on Sep 15, 2022

Court reporters transcribe court proceedings. It is not common that they are wrong. However you can request an audio of the proceedings.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: My 17 year old signed a military contract. His ship date was delayed. Is he still emancipated in CO before he ships?

My 17 year old son signed a contract and was supposed to ship to Army boot camp today. I signed giving permission for him to join. I was told he was emancipated because he had officially joined the army when he signed his contract. He was a witness to a crime and was told today that he can’t ship... View More

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answered on Sep 12, 2022

Unless he is serving, he is not actually emancipated. Even then, that is a determination for the Court. A person does not automatically become emancipated when they sign a contract to serve or when they begin serving, for reasons such as these. Additionally, it would be rare for a witness to be... View More

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