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Colorado Family Law Questions & Answers
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
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
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
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
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
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
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
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
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
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
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
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
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
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 »

2 Answers | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: Time with my daughter.My names on birth certificate and no custody case yet she refuses to let me see her. Is that legal

Hoping to find help so i can see my daughter again and hopefully get split custody. Her mother and I are still married, my names on the birth certificate. i was forced out of my daughters life by wife when we split. There is no custody case saying where my daughter is supposed to be. She refuses to... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 8, 2019

I am sorry to hear about your situation but you can make a change. You can file for an Allocation of Parental Responsibilities so that you can set a schedule for childcare and parenting time. Your spouse should not be preventing you from seeing your child absent concerns about the welfare of the... Read more »

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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Colorado on
Q: My niece 16 victim domestic violence pregnant restraining order against boyfriend beat her

Having baby October need custody of baby do not want boyfriend or his family to have any right to baby

John Hyland Barrett III
John Hyland Barrett III answered on May 15, 2019

Your niece should file a paternity action against the father. Her parents may have to be the one to do this since she is a minor. The court can enter custody orders. However, the father is likely to be entitled to some contact with his child. Your niece or her family should get a lawyer to help her... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: If someone is only getting$750 in ssdi and has severe mental illness will child support still take from them?
John Hyland Barrett III
John Hyland Barrett III answered on May 15, 2019

Yes, if they are responsible for child support. However, the amount will probably be fairly small. You should consult with a lawyer about this.

1 Answer | Asked in Family Law for Colorado on
Q: What are the fees to obtain a family lawyer ?
John Hyland Barrett III
John Hyland Barrett III answered on May 9, 2019

Attorney fees will vary depending on the complexity of the case. You should call a lawyer and describe your situation and ask for a fee quote.

1 Answer | Asked in Family Law for Colorado on
Q: What falls under joint decision making in regards to religion? My ex husband claims only baptism... Thank you.

My ex husband has involved our daughter in a religion that I have expressed my feelings of being against several times and he continues to involve her. We have joint decision making rights and he claims I only have a say regarding her being baptized and that I do not have a say in terms of whether... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Apr 8, 2019

THIS MAY DEPEND ON THE EXACT WORDING OF YOUR AGREEMENT.IN GENERAL, THE COURT SEEM OK WITH A PARENT TAKING A CHILD TO RELIGIOUS SERVICES DURING THAT PARENT'S PARENTING TIME. YOU MAY BE ABLE TO REQUEST A MODIFICATION TO YOUR PARENTING PLAN TO GIVE ONE OR THE OTHER OF YOU SOLE DECISION MAKING... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: My mom and step dad have been seperated about a week not yet legally. He took her money, can she sell his things.

He withdrew all funds without her knowledge on the 13th and opened a separate account. The money he took was when she was involved in a car accident and her van was totaled. That was all the money she had to her name. Also he has been tracking her by phone and showing up to locations he is at. He... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 25, 2019

No. Two wrongs do not make a right!

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Elder Law for Colorado on
Q: I am a disabled senior married 33+ years and the injured spouse. I need to filled divorce now, she has taken all & moved

I have been taken care of most of those yrs. WIfe is breadwinner and has $200,000 to $400,000 in assets. I been living on st and hotels over a yr, no car or health insur or any of our or my things. She moved and took everything we had. I just want my life back or at least part of it. We lived... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 25, 2019

Lawyers in Colorado are not allowed to do divorces on a contingent fee basis. It is possible that the court could order her to pay some of your attorney fees.

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