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Colorado Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My 36yo daughter died two wks ago intestate. She and her 6yo son had lived with me since beginning of pregnancy 8/13.

Father of child not listed on birth certificate although he did file paternity suit 6/14 proving his paternity. What are my rights besides visitation. How best to proceed?

Sabra M. Janko
Sabra M. Janko answered on Dec 2, 2020

I am sorry to hear about your situation. The father has priority for custody. However if he is not interested in exercising custody, he might be able to enter into a consent agreement with you for adoption or custody.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Colorado on
Q: What if somebody makes up lies that my child's life is in danger to be granted emergency guardianship to my child.

The lies were proven in court and judge told her to return the child and she did not. She hid my child causing her to not be able to attend school, I thought my child might be dead. At contempt hearing the judge said there was not an order even though I have a recording of him saying it and last... Read more »

Sean Maye
Sean Maye answered on Nov 30, 2020

First off, I am so sorry you're experiencing this.

Now, unfortunately, what you've written here is a bit confusing and inconsistent. On one hand, you're saying that there was a formal contempt order from the court, but on the other hand you're saying the same judge...
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1 Answer | Asked in Family Law for Colorado on
Q: If my custody case was moved to CO from MI how can I close my case in MI to stop litigation from being continued there?

I have a contract with an Arbiter in MI I want to end and one of the only ways I believe is if my case is actually closed.

Sabra M. Janko
Sabra M. Janko answered on Nov 26, 2020

It depends on the facts of the interstate jurisdiction and where the controlling order is. In order to enforce or modify an order in Colorado, the order has to be registered here but depending on the facts, the original state may still have jurisdiction.

1 Answer | Asked in Family Law for Colorado on
Q: My boyfriend was charged with DV for accidentally hitting my phone into my face, he was arrested anyway. What do I do?

It was absolutely an accident But he was arrested anyway. I was drunk and crying and they wouldn’t listen to me. He didn’t do anything wrong, he never has and never would hit me but they arrested him anyway. I’m going on Monday to try and talk to the judge is there anything more I can do?

Sean Maye
Sean Maye answered on Nov 25, 2020

You should speak with the DA assigned to the case, as well as the victim's rights advocate. They should know what you've written here. That said, what you've written here could get you in trouble, so I would advise not to post anything further online.

Separately, though,...
Read more »

1 Answer | Asked in Contracts, Divorce and Family Law for Colorado on
Q: How to take an ex common law marriage partner off your child birth certificate?

We were common law married only thing we had with each other is the birth certificate I want to relinquish her rights to my child and have sole custody but she can have visitation

Sabra M. Janko
Sabra M. Janko answered on Nov 16, 2020

You can file a motion for allocation of parental responsibilities to set forth custody, however you can not take a parent's name off of the birth certificate.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Where can I find voluntary parental right termination forms?

We have had permanent guardianship of a boy who is not biologically related to either of us. His parents have been out of the picture for a while now and we want to adopt him. I would like to send them both a form to voluntarily terminate their rights to make the process go smoother.

Sabra M. Janko
Sabra M. Janko answered on Nov 15, 2020

There is no form. It is possible for a parent to agree to terminate parental rights if there is another fit person, usually a step-parent, available to adopt them. However a court proceeding is required and a court would have to approve the request. If you have guardianship through a juvenile court... Read more »

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: The mother has already asked me to pick up the daughter this weekend. How do I get custodial rights while she is in jail
Sean Maye
Sean Maye answered on Nov 11, 2020

The answer to your question technically depends on what your current custodial rights status is and the circumstances surround yours and the mother's custodial agreement. However, a Court would not likely contest a lawful parent gaining custody of their child while their other primary... Read more »

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2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: My niece lives in New Mexico and has a warrant for her arrest for burglary she has an 8-year-old daughter and the dad's

Not in the picture. Can I go pick the daughter up and take custody of her?

John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

No, you have no basis at this time. You could consider bring an case in NM, depending on their laws. However, I doubt there is a basis. Perhaps the mother will consent to her daughter being with you.

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1 Answer | Asked in Child Custody, Family Law and Appeals / Appellate Law for Colorado on
Q: I was approved for legal assistance but they didn't have a family attorney available to represent me, where to help

I've been going through a custody case where my daughter's mom is using my current moment of unemployment due to unforeseen back surgery. Her and her attorney have made false accusations, one after another and having a super biased magistrate and no representation, they have succeeded in... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

At this point, you may need to retain your lawyer privately, not through Legal Aid. They are not really set up to help everyone who needs it.

3 Answers | Asked in Divorce and Family Law for Colorado on
Q: what does my response need to say if my ex has filed a change of parenting time motion?
Cindy Perusse
Cindy Perusse answered on Nov 11, 2020

That answer depends entirely on what she said in her motion and the reasons she is asking for a change. There is no short answer to this question. You will need to consult with an attorney if you want to successfully challenge her motion.

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1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Sworn Financial Statement: Isn't the section on children's expenses limited to the children receiving the support?

My ex has listed his college tuition contribution to our emancipated children under "Children's Expenses - tuition" on his Sworn Financial Statement. I thought Children's Expenses was referring to those kids that are subject to our child support negotiation, not our adult... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 30, 2020

I think it is ok to list this on the SFS, just like you list your rent/mortgage. However, it should not be part of the actual child support calculation.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: I am living in an emotionally abusive household, can I legally leave before I turn 18?

In my household I’ve been trying to do everything right and take care of myself and others. My parents are emotionally abusive, and gaslight me every time I get upset. I’m seventeen now and I have a place to go if I leave but my parents say they’ll call the police if I go through with... Read more »

Cindy Perusse
Cindy Perusse answered on Oct 28, 2020

I'm sorry to hear how you are feeling in your home. You are not "emancipated" or legally an adult in CO until you are 18 years of age. You can become emancipated before 18 if you enter the military, get married or if the court to grants you emancipation. Parents are legally... Read more »

2 Answers | Asked in Adoption and Family Law for Colorado on
Q: In the state of Colorado, can i go through the step parent adoption process successfully without a lawyer?

My son is almost 9 and my son's father hasn't had contact with him much over his life. We split up before he was born, he's not listed on his birth certificate, however there was a dna test done when he was about 5 months old by social services to prove relationship for child support... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 27, 2020

Based on this, you may be able to have your husband adopt your son. He will have to prove abandonment/non support by the bio-father. He should get a lawyer for this.

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1 Answer | Asked in Family Law for Colorado on
Q: Should I get a lawyer to have my daughters last name changed? Father hasn't been in the picture for 11 years

Courts also would like me to do a revisment on the child support that is put into order.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 23, 2020

Yes, a lawyer can be helpful, especially with the child support issue.

1 Answer | Asked in Family Law and Civil Litigation for Colorado on
Q: My daughter left her boyfriend and they shared a house in their name and a son. Does she need a court order for perso

Possessions? They can't agree on anything and he changed the locks. He's out for himself and not for his son.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 22, 2020

Since they are not married, she can do a custody case for issues regarding their son. She may need to do a partition action (lawsuit) to deal with the house. She can do a replevin (lawsuit) for her personal property. She should get a lawyer to help her with all this.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What is the difference between a CFI and a GAL? I’m confused

Which one is better? Who goes into more detail to benefit the child? Child is young, 6 years old this is a high conflict custody.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 8, 2020

A CFI is a "Child and Family Investigator". This is person appointed by the court to investigate the situation na give recommendations to the judge about a disputed custody issue. The CFI is usually a mental health professional or an attorney. The parties are usually responsible for... Read more »

2 Answers | Asked in Family Law for Colorado on
Q: My ex won’t let me take either of my 2 daughters to any medical appointments.

He’s now insisting on being the one to take them to all medical, dental and vision appointments. I feel we should take turns since we can’t both go in right now. He’s fighting me on it. We have 50/50 everything. I know it’s a power play but I don’t know what to do.

Cindy Perusse
Cindy Perusse answered on Oct 6, 2020

If there are no restrictions in the court order from both of you going to the doctor appointments then you don't need his permission to go. Just show up. By the same token you can't prevent him from going either.

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1 Answer | Asked in Family Law for Colorado on
Q: My ex left the state for work but wanted to keep our week on week off schedule in place allowing his new wife

To care for our daughter during his normal week. I agreed to give it a trial period, and see how our daughter handled her dad not being there. However, his new wife has failed to answer all but one of my calls during the week, despite orders stating we are both allowed to call our daughter while... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 1, 2020

This requires a review of your current parenting plan to determine exactly what you can/cannot do. You can file a motion to modify the plan if the current plan is not in your child's best interests. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law for Colorado on
Q: My ex made false allegations about me being domestically abusive to her and abusive to my daughter 10 day protection ord

So this last Friday my ex came and verbally we had a thing that she's going to pick up the kids Friday Saturday Sunday Monday but instead she shows up but the cops but the protection order saying that I abuse her and my daughter and they took my daughter and gave her custody but they let my... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 29, 2020

I am assuming there is a hearing set to decide whether the protection order will be extended. If so, you need to be prepared to present evidence at that hearing to show that her allegations are false. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: My wife filed for divorce and is refusing to let me see our 11 year old son. Yesterday after I emailed her if we could

sit down and come to a fair and agreeable parenting schedule, she filed a restraining order against me, essentially eliminating any contact with my son. The court date for the protective order is Oct. 8.

What options are available to have this bogus order lifted prior to the Oct. 8 court... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 22, 2020

It is probably not possible to get it lifted before the hearing. You need to be prepared for the hearing and should get a lawyer to help you with this.

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