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Colorado Family Law Questions & Answers
1 Answer | Asked in Divorce, Family Law, Real Estate Law and Child Support for Colorado on
Q: Can't find an attorney... Everyone I reach out to says "sorry, not my area of expertise". Child support property liens.

I have 2 separate Abstract of Judgements placing liens on property my ex husband owned for back child support in El Paso County, Colorado. I recently discovered that a couple years ago the home on the property was destroyed in a wildfire. He collected 130 thousand dollars in insurance money is what... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jul 2, 2020

I am not sure what you mean be "Abstract of Judgment". Usually you record a "Transcript of Judgment" in order to effect a lien on real estate. That needs to be renewed every 6 years. If you had a valid lien on the property, it may still be in effect. If not, you may be still... Read more »

1 Answer | Asked in Banking and Family Law for Colorado on
Q: My mother passed away from Co-Vid 19 recently. I am trying to close her Credit Union Account & IRA. I am the Beneficary

They are saying I can't becuz she has more account. (Which I have no idea of) they say I need more paperwork than Death Certificate.

Something about CRS 15-12-1201 I don't understand it or Pres. Rep. Paperwork Letters. Testamentary or Letters of administration

What does... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jun 25, 2020

I am truly sorry for your loss.

You may or may not need to go through probate, depending on how much her estate is worth. If it is below the statutory limit, you can do it without probate by using the 15-12-1201 affidavit. If it is over that amount, you will have to do a probate. you should...
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1 Answer | Asked in Contracts and Family Law for Colorado on
Q: How can I have myself removed as a co-signer on my son's car loan when the loan has become deliquent?

He's fallen behind over the past 8 months. He's unemployed and that situation is likely to continue for the next several months. He may have to file for bankruptcy, but,if he files for bankruptcy, will that go on my credit record?

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

There is not a way to have yourself removed as co-signer. His BK may not go on your credit report, but the non-payment of the loan will. It probably already has.

1 Answer | Asked in Family Law for Colorado on
Q: I'm in a common law marriage. Do I add my spouse as "wife" or "domestic partner"on beneficiary documents for my 401k?
John Hyland Barrett III
John Hyland Barrett III answered on Jun 23, 2020

If you are married by common law, she is your wife, just as if you had a ceremonial and licensed marriage.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I found out my son's father was at home doing drugs while my son and I were camping. I want him out of the house and ful

custody. My son's father is an alcoholic and very irresponsible. I don't even want to leave him unsupervised with him. What steps do I need to take next?

John Hyland Barrett III
John Hyland Barrett III answered on Jun 18, 2020

You can file an action for Allocation of Parental Responsibilities. The court can then determine parenting time and decision making responsibilities. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law for Colorado on
Q: Is there anything I can do If my sons father threatened twice that he’s going to sign over his parental rights?

We have been going through the courts since my son was 2 months old. We have had a parenting plan from May 5th 2019. He was given the first 3 weekends 1pm to 4pm both days and Wednesday’s 515-730. From May 2019-aug2019 he had seen him 18 of 30 visits. From September- December he seen him for 4... Read more »

Cindy Perusse
Cindy Perusse answered on Jun 15, 2020

Not sure what you mean by "sign over his rights." To who? If he has been determined to be the legal father then he doesn't get to just sign over his rights to the state. He is legally obligated to pay child support whether he sees his child or not. If you have a dispute about... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My ex isn’t in my son life.

My ex and I weren’t married at the time of my child’s birth. His name is on the birth certificate but my son doesn’t see him as his father. My ex left the state for 3 years, only recently returned, has not been paying his child support, and never asks me if he needs anything.i have been my... Read more »

Cindy Perusse
Cindy Perusse answered on Jun 9, 2020

If there is no court order granting him parenting time and you were never married to him then he has no legal rights established as the father. You can move out of state.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: My ex and I have a parenting plan in place effective early 2018 (50/50 custody and decision making), she filed another

Motion to modify in 11/2019. Doesn’t Colorado have a statute against someone filing this much within 2 years? he also filed an emergency motion to restrict parenting, judge ruled in our favor. Is this frivolous behavior accepted by the court?

Sabra M. Janko
Sabra M. Janko answered on Jun 1, 2020

A motion for a change in majority time parenting can be filed every two years, although the initial order does not count towards the time limit. As far as a motion for restriction, more is needed than just the fact that he did not prevail.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Motion to dismiss?

Can I file a motion to dismiss if my ex filed another motion to modify parenting tine within the 2 year Colorado statute? In addition he filed an emergency petition to restrict parenting, at the hearing the judge ruled in my favor, basically told him he didn’t know what emergency meant. He is... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 28, 2020

A motion to modify can be filed in a shortened period of time based on endangerment. It is not clear how the motion to restrict relates to the motion to modify. If sounds as if he may have lost the motion to restrict and is now filing the motion to modify as a second opportunity to allege... Read more »

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Colorado on
Q: Are there rights to a child as a step family?

A deceased family member helped a significant other raise a baby from the time the child was 2 years old. The family dedicated a lot of time to the child when the mother did not especially when she left him with the step family for weeks on end. There was no official adoption.. now that the family... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 28, 2020

If the step family cared for him for at least six months no longer than six months ago, the step family may have standing to intervene and to ask for custody. However, if the parent is fit, this will be an uphill battle. If the parent is not fit, and it sounds like she may not be, then the step... Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Colorado on
Q: Can a step parent adopt my child after ex refuses visitation and contact with my child? I have proof of my attempts.

I haven’t seen my child in a few years. my ex agrees to parenting time then cancels last minute, I call almost every night and am ignored. I send clothes or whatever I can to support my child under these circumstances. The last time I spoke with my child was last summer after visitation was... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 27, 2020

You can respond with evidence that you have not abandoned the child. You also always have the right to file a motion to enforce parenting time or for contempt if the other parent is not complying with a parenting time order.

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1 Answer | Asked in Family Law for Colorado on
Q: Is temporary guardianship in Colorado a private agreement or do you need a court order?
John Hyland Barrett III
John Hyland Barrett III answered on May 26, 2020

A formal temporary guardianship requires a court order. However, a parent may delegate parental responsibilities for a 1 year period without a court order. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce, Family Law, Child Support and Social Security for Colorado on
Q: My husband's divorce decree from his ex-wife states that she gets 50% of his retirement benefits. What are the benefits

They were married for 13 years but together for only six years. She abandoned him and their two sons (now ages 35 and 37). We have been married for 19 years but together for 26 years and we have a daughter age 17. His ex-wife never paid one dollar of the child support decreed by the court. My... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 20, 2020

This depends on the exact wording of the divorce decree. You can not go back and try to change that. Your husband's social security will not be affected. Your husband may be able to pursue her for the back child support-depending on how far back it goes. He should get a lawyer to review this... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Terminate Parental Rights

I am divorced and have a custody agreement in place. My ex has not visited my daughter nor contacted her in almost 8 years. He has not paid child support for the past 4 years. Can I file to terminate his parental rights? My daughter is almost 13 and I have talked with her about it and she wants it... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 19, 2020

Generally, you can only "terminate parental rights" in the context of a step-parent adoption. So, if your husband wants to adopt your child, it is necessary to terminate the parent-child relationship between your daughter and her father. You may have grounds to do so based on what you... Read more »

3 Answers | Asked in Civil Litigation, Employment Law, Family Law and Business Law for Colorado on
Q: I own a business and employ my husband. His ex is demanding my business records as disclosures. What are my rights.

All business accounts are in my name only. I have a contract showing I purchased the business, not my husband. It is a medical practice. Some of what they are asking for are HIPAA protected. I would not give this information to my husband. The ex-wife filed a motion stating she wants it because she... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on May 13, 2020

Until his ex actually produces a subpoena or some other formal discovery request you don't have to provide anything. Once a formal request is made you would respond under the rules associated with that request. Just explain all the different reasons why the documents are not applicable,... Read more »

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1 Answer | Asked in Divorce, Estate Planning and Family Law for Colorado on
Q: Does the revocation-on-divorce statute still apply if the divorce decree was set aside?

The district court granted the motion to set aside the court order of dissolution of marriage. The divorce got reopened based on the Rule 16 (fraud). I was named as a beneficiary of the life insurance policy; however, the life insurance policy was not disclosed during the divorce. Does the... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 12, 2020

I am assuming that the court set aside the property orders, but not the decree of dissolution of marriage. You are probably still divorced. In that case the revocation upon divorce statute may apply if the insured dies. You could ask the court to have you named you as beneficiary if appropriate You... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Hearing is in 6 days and my ex just now got a lawyer. We already had our pre hearing in April. Is that allowed?

We filed our case Dec 3 2019. We went through mediation and pre hearing with the judge already. This is a child custody hearing. Is she allowed to get a lawyer so late in the process? Also she claims my supervised UA's are not sufficient and wants a hair follicle test now. I do not see how... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 7, 2020

A person can retain a lawyer at any time. If one person in a court proceeding has an attorney, then the other should seriously consider doing so as well. You are right that a personal opinion is not sufficient to support a hair follicle test. She should be introducing some evidence as to why the UA... Read more »

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Identity Theft for Colorado on
Q: i do not know what type of case this is: divorce with credit cards taken out in my name without my consent
Sabra M. Janko
Sabra M. Janko answered on May 5, 2020

I am sorry to hear about your situation. If credit cards were procured under your name without your consent, that is a criminal matter.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Hello I lost custody of my daughter about 4 yrs ago because I got into some trouble .( Never in trouble before this)

I've been clean , her father and I get along and he said he will sign whatever he need to give me back my parental rights. Could you tell me , What papers do I need to file with the courts. what's steps do I take to get my parental rights back. Thank you

Sabra M. Janko
Sabra M. Janko answered on Apr 29, 2020

That is good that you have improved your situation. There is not paperwork that you can file. However, a county department of social services or the child's guardian ad litem may file a petition for reinstatement, if they believe warranted. These are the people you should speak with or have... Read more »

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1 Answer | Asked in Family Law for Colorado on
Q: we marry/div 2 times by state- i -minister-we sign contract in 2010-in 2011 ring- vows-are we married to Co 14-2-109?

he 70-100% VA disability/me a teacher.. together 7 kids/over 20 grkids.. we did life together. We together during/right after div. spend nights together at his./my place...separations caused by his relatives,- therapy group....a bad son in law /his relatives start take advantage $$ of him.. In... Read more »

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

If you did not turn in marriage license paperwork to the state, then you are not traditionally married. Whether you are common law married depends on whether you cohabited and held yourself out as husband and wife.

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