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Colorado Family Law Questions & Answers

1 Answer | Asked in Family Law for Colorado on

Q: I want to move back into my premarital house my husband is not on. We have a house, what is my financial responsibility?

Sabra M. Janko answered on Jun 19, 2019

Absent a court order, there is no enforceable financial support requirement, however there is a general expectation that spouses will provide support to each other. If you would like to set forth specific financial requirements, you can do so in a court order. If the house that you live in... Read more »

1 Answer | Asked in Family Law and Adoption for Colorado on

Q: Is it abandonment if he knew about his child and hasn’t contacted me since he found out?

My son is 16 months old. The last time I spoke to his father was four days after I told him that I was pregnant. He was fairly wishwashy about whether or not he wanted to be involved in his child’s life, so I told him that he had my number and to call me when he made up his mind. I never heard... Read more »

John Hyland Barrett III answered on Jun 18, 2019

It may be possible for your husband to adopt your child once married. In order to do so, the father's rights will have to be terminated. Lack of contact and/or support for over 1 year is grounds for termination, if the judge finds it to be in the child's best interests to do so. You should consult... Read more »

2 Answers | Asked in Family Law for Colorado on

Q: I want to move back into my premarital house my husband is not on. We have a house, what is my financial responsibility?

John Hyland Barrett III answered on Jun 18, 2019

This depends on whether you have a contractual responsibility for the marital residence. Are you on the mortgage? If so, you and your husband are each jointly responsible for the entire obligation. Also, you have a general duty of support to your spouse, if needed. You should consult with an... Read more »

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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 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 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 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 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 Criminal Law, Family Law and Domestic Violence for Colorado on

Q: My niece 16 victim domestic violence pregnant restraining order against boyfriend beat her

Having baby October need custody of baby do not want boyfriend or his family to have any right to baby

John Hyland Barrett III answered on May 15, 2019

Your niece should file a paternity action against the father. Her parents may have to be the one to do this since she is a minor. The court can enter custody orders. However, the father is likely to be entitled to some contact with his child. Your niece or her family should get a lawyer to help her... Read more »

1 Answer | Asked in Family Law for Colorado on

Q: If someone is only getting$750 in ssdi and has severe mental illness will child support still take from them?

John Hyland Barrett III answered on May 15, 2019

Yes, if they are responsible for child support. However, the amount will probably be fairly small. You should consult with a lawyer about this.

1 Answer | Asked in Family Law for Colorado on

Q: What are the fees to obtain a family lawyer ?

John Hyland Barrett III answered on May 9, 2019

Attorney fees will vary depending on the complexity of the case. You should call a lawyer and describe your situation and ask for a fee quote.

1 Answer | Asked in Family Law for Colorado on

Q: What falls under joint decision making in regards to religion? My ex husband claims only baptism... Thank you.

My ex husband has involved our daughter in a religion that I have expressed my feelings of being against several times and he continues to involve her. We have joint decision making rights and he claims I only have a say regarding her being baptized and that I do not have a say in terms of whether... Read more »

John Hyland Barrett III answered on Apr 8, 2019

THIS MAY DEPEND ON THE EXACT WORDING OF YOUR AGREEMENT.IN GENERAL, THE COURT SEEM OK WITH A PARENT TAKING A CHILD TO RELIGIOUS SERVICES DURING THAT PARENT'S PARENTING TIME. YOU MAY BE ABLE TO REQUEST A MODIFICATION TO YOUR PARENTING PLAN TO GIVE ONE OR THE OTHER OF YOU SOLE DECISION MAKING... Read more »

1 Answer | Asked in Family Law for Colorado on

Q: My mom and step dad have been seperated about a week not yet legally. He took her money, can she sell his things.

He withdrew all funds without her knowledge on the 13th and opened a separate account. The money he took was when she was involved in a car accident and her van was totaled. That was all the money she had to her name. Also he has been tracking her by phone and showing up to locations he is at. He... Read more »

John Hyland Barrett III answered on Mar 25, 2019

No. Two wrongs do not make a right!

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Elder Law for Colorado on

Q: I am a disabled senior married 33+ years and the injured spouse. I need to filled divorce now, she has taken all & moved

I have been taken care of most of those yrs. WIfe is breadwinner and has $200,000 to $400,000 in assets. I been living on st and hotels over a yr, no car or health insur or any of our or my things. She moved and took everything we had. I just want my life back or at least part of it. We lived... Read more »

John Hyland Barrett III answered on Mar 25, 2019

Lawyers in Colorado are not allowed to do divorces on a contingent fee basis. It is possible that the court could order her to pay some of your attorney fees.

1 Answer | Asked in Family Law for Colorado on

Q: Bio dad has zero nights and days with kids hasn't seen them in 4 years How likely is his visitation to get accepted

Has not paid child support in 4 years and is behind 25, 000 has not tried to contact the children

John Hyland Barrett III answered on Mar 19, 2019

This depends on whether the judge feels it is the children's best interest to re-establish a relationship with their father. It is likely to be a gradual process-perhaps overseen by a therapist. You should get a lawyer to help you with this and see about collecting the back support.

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 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.

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Probate for Colorado on

Q: if a wife leaves the home "joint tenancy" then husband passes is wifes new common law husband entitled to the property

my mom committed adultery and left the marital home owned in joint tenancy 6 years prior to my dads death, my mom passed away 6 years later, both names are still on house deed/mortgage, they have 3 adult children, (neither had a will) moms boy friend claiming common law husband is trying to take... Read more »

John Hyland Barrett III answered on Feb 28, 2019

Since the house was owned in joint tenancy, your mother became the sole owner upon your father's death. Upon her death, it passes to her children if she did not have a will, and was not married. However, if she was married at the time of her death, it passes to her husband. Her "boyfriend" would... Read more »

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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 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 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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1 Answer | Asked in Family Law and Landlord - Tenant for Colorado on

Q: How can I make my 44 year old son move out of my house.

Donald C Eby answered on Feb 11, 2019

Unfortunately, if he has taken residence legally and refuses to leave based on your request then you'll need to formally evict him through the court system. The process begins with legally enforceable Notice. If you are unfamiliar with the process I recommend that you contact and attorney to... Read more »

1 Answer | Asked in Family Law for Colorado on

Q: My exwife wants to let my child go outside the country without my consent.

My children, 12 & 10, ex wife and myself all live in colorado. My ex wants to allow our 12 year old to travel outside the country with her boyfriend and a music band. I have consented to them leaving the country before for a family vacation. I do not consent to this trip due to her not having a... Read more »

John Hyland Barrett III answered on Feb 8, 2019

This depends on whether you have joint decision making or if her mother has sole decision making. You should review your parenting plan and follow its provisions for resolving disagreements. You should get a lawyer to help you with this.

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 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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