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Colorado Family Law Questions & Answers

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 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 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 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 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 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.

1 Answer | 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 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 »

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 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 »

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: What rights does a father have versus the rights of a mother if they were never married?

If an unwed couple having had four children together during the course of their relationship were to separate without either parent beginning any legal proceedings regarding the custody of said children, is it lawful for the mother- purely out of spite towards the father- to not only forbid any and... Read more »

Sabra M. Janko answered on Aug 13, 2019

In this scenario the Father should consider filing an action for allocation of parental responsibilities to set forth parenting time and child support. Absent a court order preventing a parent from relocating with a child, either parent may relocate with children. You will need to file the action... Read more »

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Colorado on

Q: Can a step parents committing child abuse stop custody of a parent?

My sons step mother was ticketed for child abuse that she admitted to, she bite him leaving a mark. His father admits to being there when it happened. DFS has not removed our son from their home he is there 50% of the time. I am worried that if she loses her cool she could hurt him more next time.... Read more »

Courtney Edwards answered on Jul 29, 2019

It is absolutely reasonable to file a motion to modify parenting time based on the wife's abuse, especially if the child's dad was there and did nothing to stop it. Steps need to be taken to protect your child during father's parenting time- a motion to modify parenting time, alleging that the... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Colorado on

Q: My mother gave me (20) a painful bruise while trying to take a roll of tape from me and I was not sure what I can do

I am 20 first off. I also still live with my parents. The incident happened while I was trying to work on our deck outside and she told me I was doing it wrong. I said no when she asked for the roll of tape. I then felt threatened when she started approaching me and turned away from her. She then... Read more »

Courtney Edwards answered on Jul 29, 2019

You could report the assault to the police- they would investigate and determine if an arrest or summons was warranted. If they arrested her for assault, the judge could impose a protection order to protect you from her. However, in Colorado, domestic violence refers to folks who a in an intimate... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: Do you have to disclose all credit cards on sworn financial statements?

On a sworn financial statement, do you need to disclose the credit card being used to pay your attorney fees if requesting the other party repay your fees? And if the others party shows negative income on their sworn financial statement.

And if an activity falls on one parties visitation... Read more »

John Hyland Barrett III answered on Jul 22, 2019

1. Yes, you need to disclose all debt.

2. Showing negative income is common-not really a problem.

3. Generally, each parent can decide on the child's activities during their respective parenting time, but this depends on what activity is involved.

You should get a lawyer to...
Read more »

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1 Answer | Asked in Family Law for Colorado on

Q: I would like to move to another state with my kids. I do have full custody but my ex husband might fight me.

Do I need to file something with the courts in order for me to move? Or get the judge's approval?

John Hyland Barrett III answered on Jul 19, 2019

You need to file a motion to relocate with the children. Your ex will have a chance to respond. The court will make the ultimate decision. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Criminal Law for Colorado on

Q: Daughter has a court date but is moving with her father from another state before that date, will she still need to go?

My daughter was caught stealing and was given a court date. I am handing custody to her father who is out of state before then, will she still need to go to court? And would one of us (her parents) need to be there? Can I get in trouble?

John Hyland Barrett III answered on Jul 9, 2019

Yes, your daughter will need to appear for court. If you retain an attorney for her, it may be possible to resolve the matter without her appearance.

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: I have full custody of my three nephews, I just found out that my sister in law the opposing party has my three nephews

Out of state in Texas and did not inform us. Can she do that

Courtney Edwards answered on Jul 9, 2019

It depends on what the last court order states.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: I am currently receiving $700 per month for 2 children. This was set 5 years ago when I was making a decent wage.

Now I’m unemployed due to health issues, the father moved out of state without permission, Abe is 2 months behind in payments. If I modify will the amount I receive decrease?

John Hyland Barrett III answered on Jul 9, 2019

This depends on his income. You should expect the amount to actually increase due to your decreased earnings if he is making the same or more. It could decrease if he is making less. You should get a lawyer to help you with this.

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1 Answer | Asked in Family Law for Colorado on

Q: I want to move back into my premarital house my husband is not on. We have a house, what is my financial responsibility?

Sabra M. Janko answered on Jun 19, 2019

Absent a court order, there is no enforceable financial support requirement, however there is a general expectation that spouses will provide support to each other. If you would like to set forth specific financial requirements, you can do so in a court order. If the house that you live in... Read more »

1 Answer | Asked in Family Law and Adoption for Colorado on

Q: Is it abandonment if he knew about his child and hasn’t contacted me since he found out?

My son is 16 months old. The last time I spoke to his father was four days after I told him that I was pregnant. He was fairly wishwashy about whether or not he wanted to be involved in his child’s life, so I told him that he had my number and to call me when he made up his mind. I never heard... Read more »

John Hyland Barrett III answered on Jun 18, 2019

It may be possible for your husband to adopt your child once married. In order to do so, the father's rights will have to be terminated. Lack of contact and/or support for over 1 year is grounds for termination, if the judge finds it to be in the child's best interests to do so. You should consult... Read more »

2 Answers | Asked in Family Law for Colorado on

Q: I want to move back into my premarital house my husband is not on. We have a house, what is my financial responsibility?

John Hyland Barrett III answered on Jun 18, 2019

This depends on whether you have a contractual responsibility for the marital residence. Are you on the mortgage? If so, you and your husband are each jointly responsible for the entire obligation. Also, you have a general duty of support to your spouse, if needed. You should consult with an... Read more »

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1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: Is it possible to overcome a child's presumed paternity and divorce or separate without extensive time in court?

I had a child this year that I am nearly certain is not my husband's biological child. We were married in Colorado, I gave birth in Colorado, and we have since moved to another state (OK). I do not want to involve the courts more than absolutely necessary. I am not seeking child support, I am... Read more »

Sabra M. Janko answered on Jun 9, 2019

If the child was born during the marraige, then there is a presumption that the child is of the marriage. If your husband contests your desire to receive sole cusotdy of the child, then you will either need to agree to a parenting arrangement or file a court petition to have the court issue an... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: Hello, how does an individual residential parent petition for a GAL for his 2 minor children?

The bio mother refuses to declare her living residence to the bio father, she keeps a 1 bedroom apartment and uses her parents and grandparents home for mail, but stays in other places where she takes the children. She separates them during her parenting time leaving one with her mother and she... Read more »

Sabra M. Janko answered on Jun 8, 2019

I am sorry to hear about your situation. It sounds like you can file a motion to enforce parenting time if there is a violation of a prior court order. You mention that she demands to see the children at will, however you are only required to follow the parenting plan. If she is ordered to pay... Read more »

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