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Colorado Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can I file a motion to restrict or something if my ex is refusing to take our 3 year old to preschool and our MOU states

I am decision maker, I enrolled her in school, he was on board but now finds it inconvenient to take her and pick her up.

Sabra M. Janko
Sabra M. Janko answered on Oct 15, 2019

Your options depend on whether the MOU was issued as a court order and if the agreement required your ex to pick up and drop off your child at school. You can modify a MOU if you find that it does not meet your needs. If it has been issued as a court order, you can stipulate to a modification.

1 Answer | Asked in Family Law for Colorado on
Q: Currently charged with DV which is not settled yet. My wife and I have agreed upon a fair sharing time, which include

Over night stays, of our 3 year old daughter. We’ve been on this schedule for a few weeks now. My question is if I file for a legal separation and my wife still agrees to this fair sharing time will a CFI still be required? If CFI not required could the courts decide on a different sharing time... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 14, 2019

You are not required to have a CFI. You don't need one if you have a parenting agreement. The court may impose a different agreement but usually will accept whatever the parties agree to, unless the court finds that the agreement is not in the best interests of the child.

however, be aware...
Read more »

1 Answer | Asked in Family Law for Colorado on
Q: My daughter lives in CO and wants to end the relationship with her baby daddy of 10 years and move home to AZ with their

2 boys. Is this allowed per CO law. He is telling her she will not leave state with the boys. They have lived together most of the 10 years.

John Hyland Barrett III
John Hyland Barrett III answered on Sep 20, 2019

Once a custody case has been filed, there is an automatic injunction which prohibits both parties from removing the children from the state without permission of the other party or the court. The court will need a good reason to permit removal from the state. Your daughter should get a lawyer to... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Colorado on
Q: False numbers were turned in and my attorney didn’t show up. I was told not to show up.

So 1 year ago my ex was ordered to pay me 115$ a month in child support. Long story short.

#1: amendment filed 24 hours later. My attorney made no contact with me after that until 6 months later. Last e-mail was her saying you don’t have to be here.

#2: I live in Denver, my ex... Read more »

Sabra M. Janko
Sabra M. Janko answered on Sep 17, 2019

Generally motions for child support are effective as of their filing date and are not retroactive. There is an exception for an agreed upon parenting time change. Child support is the right of the child so you will not receive an order that does not require you to support your children. You should... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: Would I be able to sue the department of social services in alamosa county?

I have an open case with the department of social services here in alamosa co. They took my children from me on August 29th 2018. I'm still not sure exactly why my kids were taken from me. I have just recently found out that my nine year old son has been diagnosed with rheumatic fever.

Sabra M. Janko
Sabra M. Janko answered on Sep 17, 2019

I am sorry to hear about your situation. Social services should tell you why they took your children. You can contact them to find out. If they were concerned for the children's safety and removed them for that reason, unless they did not have a sufficient basis for the determination a lawsuit... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Ex-spouse recently filed a Motion to Modify Child Support and Parenting Time.

Previous mediation agreement filed with county 18 months ago. No significant income changes, although decreased parenting time on my side. Make support payments every month, yet constantly harassed/threatened with court action. I've done all the right things, by law, what is a good course of... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 16, 2019

You need to respond to the motion within 21 days of it's filing. Your reduced parenting time may be a basis for an increase in child support. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law for Colorado on
Q: Can a person be personal rep knowing that their position as such will benefit them & their family?
John Hyland Barrett III
John Hyland Barrett III answered on Sep 16, 2019

There is a priority list to decide who becomes the PR. The PR has an obligation to administer the estate in accordance with the law. You should get an attorney if you have concerns about this.

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Colorado on
Q: My child was being sexually abused while in the care of daycare. Can I sue the daycare?

My child was being sexually abused by another child.

Gary Kollin
Gary Kollin answered on Sep 9, 2019

There are issues of liability which you should discuss with a lawyer you consult directly

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Am going through a divorce in Colorado, and been paying child support for the last year does she have to report it?

It would be for the financial affidavit, she receives $1000 a month from me but reports only receiving 300 from “support”. They filed this on May 30th 2019 and I haven’t received anything until I was called and told verbally by her attorney today Aug. 31 2019. Feeling lost as to what to do... Read more »

Sabra M. Janko
Sabra M. Janko answered on Sep 1, 2019

It sounds like you may be paying child support arrears. She would report the regular child support amount, however would not necessarily include arrears payments because that is not part of the regular child support amount.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My baby mama took me son from me by assaulting me hitting me with a bat punching me telling her friend to get the gun

While I was holding my son what can I do

Sabra M. Janko
Sabra M. Janko answered on Sep 1, 2019

You should consult with an attorney and share more details. This does not sound like a good situation for a child to be in. Perhaps you should file for an allocation of parental responsibilities to work out with the mother or the court the best situation for the child.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Hi I'm asking this because I don't think its fair I have 1 10year old the the mother decided to put child support

I have 4 other little kids that I support a 1 year old 2 and 3 and a 1 month and I don't know what to do.

Sabra M. Janko
Sabra M. Janko answered on Aug 29, 2019

You will receive credit in the child support calculation for the support that you provide to other children so your support will not be as high for your 10-year old. You are required legally to support all children.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Colorado on
Q: Who do I contact if I know that there is a court order being violated in relation to a custody order of a minor child.

I was granted 50/50 custody of my 9year old daughter with my ex's mother after a very long CPS intervention. For the last 2years, I have only been granted access to my daughter 2x per week for an hour under the watch of CPS. But I have always learned from my mistakes and got sober for my... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 29, 2019

If you ex is violating a court order, you can file a motion to enforce the order or for contempt. You should consult with an attorney to review your court order with you to evaluate recourse.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Colorado on
Q: Me and my now ex husband lost our child to the state I had a protection order put on him. I almost got custody back and

People in court say if I drop protection order I won't get my daughter at perminant planning trail. Is this legal for them to do? The protection order I put on him was after they took our daughter. But before they took her we both was doing meth and he punched me and kicked me. But I believe now... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 29, 2019

The answer depends on the specific facts of your case. If you take an action that the court perceives as not being in the best interests of your child for safety reasons, that will impact an allocation of parental responsibilities decision. You should speak to an attorney to determine the best... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I am going through a divorce, it is getting ugly.

My soon to be ex husband was abusive during the relationship. I never called the police, or talked to anyone about it. We both drank a lot, however he has videos of me drunk to use as "dirt". He is using my mental state during the relationship against me (I suffer from depression, ptsd, and... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 19, 2019

I am sorry to hear about your situation. It sounds like you may have already filed a dissolution petition, but if you have not, that is how you would ask the court to decide issues of parenting and property division. You should consult with an attorney given that you have children and a home. Many... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Can I take my daughter out of state of Colorado to visit her grandmother in Baton Rouge if my names on B.C.

She says if I take her she'll get me for kidnapping I just want to take her for a week to batonrouge to see her grandmother there hasn't been any court order in place shees giving me a hard time because she don't like my mother and we live together

Sabra M. Janko
Sabra M. Janko answered on Aug 17, 2019

If there is no dissolution or allocation of parental responsibilities filing or court order preventing removal, then either parent can take the child for a vacation. If there has been a filing, then you should consult with an attorney as there is a mandatory injunction imposed upon service.

1 Answer | Asked in Family Law for Colorado on
Q: If a parent has moved out of state once they declare residency can they go to that state and change the child support?

Original child support is in Colorado and the mom and child moved to Marietta Ohio. Dad is still in Colorado.

Sabra M. Janko
Sabra M. Janko answered on Aug 16, 2019

There is federal law that governs child support modifications. Under the Uniform Interstate Family Support Act, the action must be brought in the state where the obligor resides. That would be Colorado. The order was also issued in Colorado so there is no registration action required for... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Can a father be charged for the pregnant mother doing drugs?
Sabra M. Janko
Sabra M. Janko answered on Aug 16, 2019

It would depend on if the father aided and abetted the use of illegal drugs of by a pregnant woman. You should consult with a criminal defense attorney and share the facts. There are not sufficient facts presented here to know what the father's actions were.

1 Answer | Asked in Family Law and Criminal Law for Colorado on
Q: What are the punishments for father supplying son with alcohol and pressuring him to drink?

My abusive ex husband has been pressuring our son to drink since he was very young; he’s 16 now and I recently found out that his dad bought him his own drinks and pressured him to drink. He finally caved and drank. We live in colorado but the incident happened at my ex husband’s parent’s... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 16, 2019

Underage drinking is a crime and both your son and his father, if his father supplied him with alcohol, could be held responsible if reported to the police.

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I'm going through a divorce that's been getting dragged out with no mediation date getting scheduled. With the case

Getting drawn out, is my ex entitled to more equity in my company if it was only a few months old when they filed for divorced and I moved out? Or do they only look at revenue and sales for those few months? It's now 6 months after moving out with a lot more income. Marriage was only 3 years

Sabra M. Janko
Sabra M. Janko answered on Aug 14, 2019

You can agree to mediate at any time that you like. If the court has not ordered it, you can mediate privately and the mediator can provide you with a certificate of mediation if you do not reach agreement. Divorce actions can take some time, particularly if they are contested. Marital property is... Read more »

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can a father be granted full custody of a child if the mother has refused visitation for 3 consecutive years?

No motions have currently been filed. Mother is currently out of the country with an active duty military spouse. Father is currently out of state also active duty military.

Sabra M. Janko
Sabra M. Janko answered on Aug 13, 2019

Either parent could be granted primary allocation of parental responsibility. There are many factors. One factor is a parent's ability to encourage the sharing of time with the child. That would count against a parent who withheld a child from another parent. It sounds as though there may already... Read more »

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