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Colorado Family Law Questions & Answers
2 Answers | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: CPS is involved with my sister’s children. My sister wants to sign custody of her children over to me. Can she do that ?

The youngest child’s father is not involved and never has been and doesn’t want anything to do with his son. The older two children’s Father also will sign custody over to me.

James L. Arrasmith
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answered on Jun 8, 2024

In situations involving Child Protective Services (CPS), the process of transferring custody can be complex. While your sister and the children's fathers may agree to grant you custody, the final decision will likely involve CPS and the court system. Here are a few important points to... View More

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1 Answer | Asked in Civil Litigation, Family Law and International Law for Colorado on
Q: Urgent Legal Advice Needed: Age of Consent and International Dating Regulations

I hope you can assist me with an important legal question that is causing me some concern. As an American citizen currently living abroad, I have started a relationship with a 17-year-old individual from Brazil. Given that the age of consent in Brazil is 14 and in my home state in the U.S. it is... View More

James L. Arrasmith
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answered on Jun 6, 2024

While age of consent laws vary between jurisdictions, engaging in a relationship with someone under 18, especially with a significant age gap, is generally not advisable regardless of location.

I would strongly caution against pursuing a relationship or marriage with a 17-year-old, either...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: There are 2 properties different counties in CO person A moves to the second property, can person A file in new county

How long does person A have to live in new county before filing? Lifelong Colorado resident

Christopher N. Little
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Christopher N. Little
answered on May 30, 2024

Hi there, good questions! As a general rule of thumb, Person A could file in the new county; however, there is always the chance that Person B requests to have the case transferred back to the county they reside in.

The transfer and venue rules are a bit labyrinthine and I would need to...
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1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Constitutional Law for Colorado on
Q: Is due process violated in a CPO that was ex parte and served with less than 3days for out of st hearing

Able service of the temporary restraining only having 3days to find a attorney travel over 1000 miles tried no number to call courts on any paperwork or instructions on how to do anything tried to call multiple times after searching for a day trying to find the number no voice mail to leave... View More

James L. Arrasmith
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answered on May 24, 2024

In your situation, it sounds like you may have grounds to argue that your due process rights were violated. Due process requires that you are given adequate notice and a fair opportunity to be heard before any legal action is taken against you. Being served with an ex parte CPO (Civil Protection... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: CO divorce If client suffered financial loss due to lawyer’s negligence and lawyer has left firm, is firm liable?
Christopher N. Little
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Christopher N. Little
answered on May 19, 2024

I’m very sorry to hear that this is the position you are in; especially considering the incredible impact that a divorce has on the outcome of the next phase of your life.

As for your question, I would have to know much more about the “behind-the-scenes” administrative side of the...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Is inheritance money considered marital property if my wife transfers a portion of it each month into joint checking?
Christopher N. Little
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Christopher N. Little
answered on May 14, 2024

Good Afternoon,

You ask an excellent question and one that many a family law attorney has likely spent time arguing in Court. The best answer to your question is that this is likely a helpful fact circumstance for you. One way to think of the doctrine of transmutation or commingling is the...
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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Colorado on
Q: My ex listed the wrong name of our child and the judge invoked jurisdiction based on the residence of child listed.
Christopher N. Little
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Christopher N. Little
answered on May 14, 2024

Good Afternoon,

From the substance of your question, it looks like you are involved in a legal proceeding concerning your child. Issues related to jurisdiction concerning children are often nuanced. I suggest that you consult with an attorney in the state where the case is at now in order...
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1 Answer | Asked in Family Law and Health Care Law for Colorado on
Q: Health Care Power of attorney liability to the POA

I am the health care and financial power of attorney for my 87 year old father. He lives in the mountains in Colorado by himself and does not drive anymore. I have tried to convince him to move to a senior care facility but he doesn't think he needs it yet. He occasionally gets confused about... View More

John Michael Frick
John Michael Frick
answered on May 6, 2024

No. As the attorney in fact named in the POA, your fiduciary duty is to follow the instructions of your 87 year old father.

If your father gets to a point where he is mentally incompetent to make decisions for himself, you or another relative could apply to be appointed as your...
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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Colorado on
Q: Good morning,

I am recently divorced (1+ year) and share two children with my ex. We share split custody of our two children with no child support nor alimony. With this, my ex has continued to be verbally, mentally and emotionally abusive towards me and I am interested in determining what options I might have.

Cindy Perusse
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Cindy Perusse
answered on May 2, 2024

Abusive to you or the kids? There are ways to limit contact or have contact monitored through platforms such as Our Family Wizard or Talking Parents. If the abuse you state relates to the children then you may consider a motion to modify parenting time. But, you will need to document and prove... View More

1 Answer | Asked in Family Law for Colorado on
Q: limited scope lawyers

I am the petitioner in the case; Can an attorney for the other party send me emails about matters even though she has withdrew from the case months before? Can she also draft paper work for the other party who is now pro se, without entering into the case again? When confronted about her no longer... View More

Sabra M. Janko
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answered on Apr 7, 2024

She might be representing the client in a limited scope capacity in which case she could communicate with you. If she is working in a limited scope capacity, she does not have to enter an appearance depending on whether she is representing in court or not. Though she should disclose to you if she... View More

2 Answers | Asked in Divorce, Family Law and Tax Law for Colorado on
Q: my ex-wife claimed all the children as dependents on her tax return.

she is also in contempt of virtually every part of our separation agreement. she has not paid child support, not given me back my belongings, does not follow the parenting schedule, and does not provide the insurance for the children she claimed she would

Christopher N. Little
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Christopher N. Little
answered on Apr 2, 2024

Good Morning,

I am very sorry to hear of your circumstances and know that it can be an incredibly difficult and frustrating experience when an ex-spouse does not follow Court Orders. It sounds like you have several issues going on, including: tax, parenting time, insurance, etc....
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2 Answers | Asked in Divorce, Family Law and Tax Law for Colorado on
Q: my ex-wife claimed all the children as dependents on her tax return.

she is also in contempt of virtually every part of our separation agreement. she has not paid child support, not given me back my belongings, does not follow the parenting schedule, and does not provide the insurance for the children she claimed she would

James L. Arrasmith
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answered on Apr 2, 2024

I'm sorry to hear about the difficult situation with your ex-wife not following the terms of your separation agreement. It sounds very frustrating, especially if she has claimed the children as dependents on her taxes despite not fulfilling her obligations. Here are a few thoughts and... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it beneficial to separate assets prior to dissolution of marriage? We have agreed to who gets what - house & car

Ex spouse and I are looking to file for a dissolution of marriage in Colorado. We separated in September and already separated our bank accounts and all property other than the house we lived in and the car we shared (both currently in both our names). Are the proceedings quicker if we transfer the... View More

Christopher N. Little
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Christopher N. Little
answered on Apr 1, 2024

Good Afternoon,

You ask an excellent question. First, let me say that I am very sorry to hear that you are going through tough times. In most folks' lives, the divorce process is fraught with fear and uncertainty. Let me reassure you, this too shall pass and there is an "other...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it beneficial to separate assets prior to dissolution of marriage? We have agreed to who gets what - house & car

Ex spouse and I are looking to file for a dissolution of marriage in Colorado. We separated in September and already separated our bank accounts and all property other than the house we lived in and the car we shared (both currently in both our names). Are the proceedings quicker if we transfer the... View More

Steven  Visser
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Steven Visser
answered on Apr 1, 2024

The divorce proceedings will not necessarily be any quicker simply because the two of you have already transferred and / or divided assets. You can certainly take some actions to help move things along such as filing the case together, i.e. Petitioner and Co-Petitioner. Both of you will still... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: My wife wants a divorce and "agrees" to split everything 50/50. Are we legally obligated to have a lawyer?
Christopher N. Little
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Christopher N. Little
answered on Mar 2, 2024

Good question, under Colorado Domestic Relations law, there is no default/affirmative legal obligation to have an attorney represent you in the matter. By the default rules, you are legally permitted to represent yourself. Knowing that the law is complex and self-representation can be a risky... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: My wife wants a divorce and "agrees" to split everything 50/50. Are we legally obligated to have a lawyer?
Michael Joseph Larranaga
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answered on Mar 8, 2024

No, although it may be a bad idea.

I believe the Colorado Supreme court just approved a rule regarding licensed Legal Paraprofessionals. I am not sure if it has taken effect yet but it has been a highly contested item. You should look into what they can and can't do. If I recall, they...
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1 Answer | Asked in Family Law, Immigration Law, Estate Planning and Probate for Colorado on
Q: I would like to know if I have the right of anything in my father's belongings

I am a US citizen my mother was a US citizen she gave my father his papers they are divorced my mother's deceased my father has another marriage with his wife and three other children his wife is from Mexico I believe she might be a resident I don't know my sisters are from here do I have... View More

James L. Arrasmith
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answered on Feb 26, 2024

In matters of inheritance and rights to a deceased parent's belongings, your citizenship status and the circumstances of your parents' marriage and divorce generally do not directly affect your entitlements. If your father passes away without a will (intestate), the laws of the state... View More

1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Support for Colorado on
Q: Can I still get my children's dad which is still my husband for alimony and for child support

After 8 years they were taken out of my custody and given to my stepmom but during the time I did get tanf for them they were in my custody and I still have not divorced but he has had another family and another child and still married to me

James L. Arrasmith
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answered on Feb 26, 2024

In your situation, seeking alimony and child support remains a possibility, despite the complexities of your circumstances. The fact that you are still legally married to the children's father and that he has started another family while still married to you does not nullify your rights to... View More

1 Answer | Asked in Family Law for Colorado on
Q: I put the wrong city of previous divorce on marriage license. Not the state. Does that make my marriage invalid?

I did not get the state wrong...Only the city of previous divorce.

James L. Arrasmith
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answered on Feb 23, 2024

A minor error such as putting the wrong city of a previous divorce on your marriage license is unlikely to invalidate your marriage. Marriage licenses typically require accurate information about your marital history, but small mistakes or discrepancies may not have significant legal consequences.... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I AM IN THE MIDDLE OF A DIVORCE. I HAVE CHILDREN FROM A PREVIOUS MARRIAGE AND THE WOMAN I AM ABOUT TO DIVORCE IS

CONTACTING MY CHILDREN WHO SHE HAS NEVER MET OR SPOKEN TO BEFORE. HOW CAN I STOP THIS. SHE HAS NO RIGHT TO BE CONTACTING MY CHILDREN

Michael Joseph Larranaga
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answered on Feb 19, 2024

If they are adult children then there is nothing to be done. They can block the number if they choose. But if it rises to harassment and defamation then it could give rise to other legal claims.

If they are minor children, and you have 100% custody and control then that is a different...
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