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Colorado Family Law Questions & Answers
1 Answer | Asked in Family Law for Colorado on
Q: CO judge denied motion to waive mediation - should I file motion for reconsideration?

I requested waiver from mediation due to psychological abuse. The Court denied the motion.

CRS 13-22-311 (1): "Any court of record may... refer any case for mediation services or dispute resolution programs... except that the court shall not refer the case to mediation services or... Read more »

Sabra M. Janko
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answered on Sep 24, 2022

Courts have a lot of discretion and with psychological abuse likely you did not hav a protection order and the Court found the other parties testimony on the point more credible. It does not appear that you have a slam dunk case. You can not introduce new evidence and you have to allege an error of... Read more »

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 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... Read more »

Sabra M. Janko
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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... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Tax Law for Colorado on
Q: How are taxes done after a divorce if I'm the custodial parent?

Does my husband have the right to claim the kids every other year on his taxes if I'm the custodial parent?

Sabra M. Janko
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answered on Sep 9, 2022

It depends on what your decree says. This is an aspect generally covered in a parenting plan. If not, Colorado statute says that the exemptions are taken in proportion to income so if you each make the same amount of income, then you would alternate every year.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How do I get custody of our granddaughter?

We have had her since she was 2 months. Her mother was using drugs and alcohol. She could not handle her. She is now 23 months old. Her mother is still homeless and unstable. She says she is not using. But unsure if that's true. Out of anger and vindictiveness she is threatening to take her... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga
answered on Sep 7, 2022

In short, you need to find a family law attorney to look into filing a child custody case on your behalf.

In general, parents have first priority in regards to the custody of their children unless there is another factor at play. The fact that you have had custody for a prolonged period of...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My divorce was final 6 years ago. The judge awarded me 40% of ex-husbands pension in exchange he got the family home and

My divorce was final 6 years ago. The judge awarded me 40% of ex-husbands pension in exchange he got the family home and all equity in it approximately $400k. I had to wait until he became old enough to obtain early retirement before I could claim on the pension. That's why I had to wait the 6... Read more »

Sabra M. Janko
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answered on Aug 24, 2022

You can only enforce what the court order says. It can not be changed after the fact. However, if something is happening that conflicts with the agreement, you can enforce it.

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: 50-50 custody, ex just packed up our 12-yr-old's belongings and told me to come pick her up, which I did. Do I need to

File for change of parental responsibility? On arrival, I recorded our conversation for proof that this is his decision.

Paul Morgan Gaide
Paul Morgan Gaide
answered on Aug 24, 2022

If your child's father is certain that he wants a long term change in parenting time, and the same is in the best interest of your child, the least expensive and quickest manner to achieve a Court's recognition of the change is to enter into a Stipulation to Modify Parenting Plan and... Read more »

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1 Answer | Asked in Family Law for Colorado on
Q: Can my ex wife ask for child support if she voluntarily quit her job to start her own business that has reduced income

My ex wife and I agreed to no child support over 12 years ago (she would have owed me $350/month). About 5 years ago she voluntarily quit her job to start her own business and it has caused a reduction in income and she lives with her boyfriend that mostly supports her. Can she make a modification... Read more »

Sabra M. Janko
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answered on Aug 22, 2022

Yes, but you can argue that she should be imputed a higher income.

1 Answer | Asked in Family Law for Colorado on
Q: My steps sons bio mom refuses to allow him to get on ADHD meds after a diagnosis, is this neglect?

He struggles in school, with peers and teachers, at home, he is very compulsive, and can’t not build relationships with peers because of his disorder.

Sabra M. Janko
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answered on Aug 5, 2022

It is not neglect. Parents have authority to determine medical care for their children. There are many parents who prefer alternative approaches, such as nutrition, exercise, therapy, coaching etc.

1 Answer | Asked in Family Law and Domestic Violence for Colorado on
Q: I am wondering howto formally present evidence that witnesses and the other party haveliedunder oath

I’m involved in a child custody case, which just went to final orders hearing 2 days ago tho we have a month until orders are issued ...where I have proof that the plaintiff (father) as well as my stepfather (bc my mom and stepfather are trying to gain custody of my child for my... Read more »

Sabra M. Janko
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answered on Aug 5, 2022

The hard reality is that you have one bite at the apple. The Court will not rehear the case to hear evidence that could have previously been presented. Otherwise there would be no finality, and cases could never end.

1 Answer | Asked in Family Law for Colorado on
Q: I have an extensive testimony, as the Respondent in a child custody case..can i read this detailed testimony from paper?

I have a lot to say during our upcoming finals order hearing..I am pro se. but I won’t have time to memorize it its very detailed/technical and extensive. Will Ibe allowed to read from a sheet of paper this content that Ineed to share to our Judge? And if not, would note cards be allowed? Also, I... Read more »

Sabra M. Janko
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answered on Aug 1, 2022

You will have to testify without reading anything. There are rules that allow you to introduce a writing into evidence and read from it if you have to refresh your recollection.

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: Can my daughters grandparents sue me for visitation rights?

My daughter is going to be one year old next month. Her father and I already have a court order and it states that he’s supposed to get her every other weekend. However he hasn’t followed it since it was put in place and he even moved states. His parents ask to see her and I allow them to, I... Read more »

Sabra M. Janko
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answered on Jul 26, 2022

If they have provided substantial care to her for six months out of the past year they would have standing to request parenting time. The care has to be more than babysitting.

1 Answer | Asked in Estate Planning and Family Law for Colorado on
Q: What do i do to object to my brother trying to become my dead dad's personal rep.

His son is already dad's personal rep.. Dad told him he didn't want him to be his rep. And dad said another nephew would be acceptable. I got court papers from utah.

Kevin Michael Strait
Kevin Michael Strait
answered on Jul 26, 2022

In Colorado, the most common ways to be personal representative ("PR") for the estate of someone that passed away are (1) to be nominated as PR in the will, or (2) to be a relative of the deceased person who applies to be PR.

In the first method, the will might name a PR and...
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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Do I have to release my children to my ex's mother while he is out of the country?

My ex informed me about a week before he was leaving the country that our children will be in the care of his girlfriends mother and his mother during his parenting time while he is out of the country. I convinced him to allow the boys to stay with me for some of the time but I would prefer that... Read more »

Sabra M. Janko
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answered on Jul 26, 2022

It depends on if you have a parenting plan and what it says. There is no law that governs who children stay with other than that a fit parent is presumed to be able to arrange for appropriate caregivers in his or her absence. You can try to negotiate an agreement that if the other parent is gone... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What does it mean when an attorney for Adams county human services files for special entry of appearance and

Notice of intervention to a current court case?

Sabra M. Janko
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answered on Jul 16, 2022

It could be for child support purposes or dependency and neglect purposes.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How can I get my 15yr old back from my mother. She has parent time but I have full custody. She's been with mom for 9 m

My daughter was with my mom for the school year because she wanted to try a different school. I signed papers that she could only have my daughter until Aug. My mom now wants to keep her.

Sabra M. Janko
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answered on Jul 14, 2022

If your Mother is keeping her beyond your consent, then you can involve law enforcement and they can retrieve the child.

1 Answer | Asked in Family Law for Colorado on
Q: Is an Intent to File Parenting Plan Changes signed by both parties and notarized an enforceable temporary order?

My daughter's mother and I have a parenting plan. We mutually agreed outside of court that some of the items needed to be changed such as switching bi-weekly visits from one overnight to two overnights. We drafted an intent to file parenting plan changes and the document is notarized but never... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 24, 2022

Your agreement can not be enforced as a court order until/unless the court approves it and makes it an order of the court. You should be able to file it on your own.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: I am married, just filed for divorce. My wife lives in NC, I live in CO with our minor child and need to move to KS.

I have residential custody and there is already a parenting time plan in place, filed and approved by the courts as a result of a abuse/neglect investigation involving my wife. She moved to NC during that investigation before there was a parenting time order. She now says I'm not allowed to... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 14, 2022

You need her consent or an order from the court allowing the move. If she will not consent, you should file a motion to approve the move. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Do I have to provide my address to my ex?I am the primary residential custodian of my children with sole decision making

We used to have joint custody but 3 yrs ago I was given full custody and the father hasn’t been involved since that time. He is now demanding my address saying it’s his legal right to have it. Do I have to provide it?

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 6, 2022

You do not have to provide your address, BUT YOU DO HAVE TO PROVIDE THE CHILDREN'S ADDRESS. Even with you having "full custody', he maintains some rights to contact with the children. The exception may be if his parental rights have ben terminated-which is unlikely.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Civil Rights for Colorado on
Q: If a “Order to issue citation and citation to show cause” served to me by the other party involved is that illegal?

I was served by my child’s father after one of his visits he gave me a citation to show cause with out a “return of service” does this make it an improper serving? If it pertains to the old court order does it make it invalid?

Stephen Birk Baumgartner
Stephen Birk Baumgartner
answered on Jun 2, 2022

The COlorado Rules of Service say that any person 18 years or older and not a party to the case can make service. If this is an ongoing litigation, he may be able to serve you through the courts by mail. This sounds like a contempt citation, which means you should seek an attorney as soon as... Read more »

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