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Colorado Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: In cps cases can they use false reports from a police report against u
Sabra M. Janko
Sabra M. Janko answered on Apr 29, 2021

I am sorry to hear about your situation. Police reports can be considered in CPS cases. If you believe the report is false, you can provide the information that exists that shows that they are false.

1 Answer | Asked in Family Law for Colorado on
Q: This is a guardianship matter for my brother whom is a adult. He is in the four corners health care center in durango.

My cousin has filed for guardianship of him and we do not want her to be his guardian nor does my brother. She did not put any of his sisters on the forms to be contacted and she has a court date on may 12th. Please help I want to be guardian of my brother. My name is and my sister's name is... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 26, 2021

I am sorry to hear about your situation. It sounds like you may want to file a motion to intervene in the guardianship case.

1 Answer | Asked in Divorce, Family Law and Arbitration / Mediation Law for Colorado on
Q: Can I file contempt if my ex filed a motion without going to mediation first as is required per our divorce decree?

My ex husband filed a motion this week to modify medical decision making of our daughter. Our divorce decree states we must go to mediation prior to filing a motion but he and his attorney skipped this step. Could this be considered contempt?

John Hyland Barrett III
John Hyland Barrett III answered on Apr 26, 2021

I do not think contempt is the right response. You could file a response pointing out the failure to go to mediation. The court is likely to order mediation in any case. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law for Colorado on
Q: Hello my oldest son 20 yr old will not leave my house I’ve asked him to leave but he will not he don’t pay anything

He don’t work He smokes vape in my house and I have cancer he will not stop can I put him out or do I have to file court papers ?

Sabra M. Janko
Sabra M. Janko answered on Apr 23, 2021

I am sorry to hear about your situation. It sounds like you will have to formally evict him.

1 Answer | Asked in Domestic Violence and Family Law for Colorado on
Q: How can my parents kick out my 24 year old brother that is verbally and mentally abusing them?

My older brother was diagnosed with bipolar 1 last year. He has not wanted to take medication or go to a mental hospital and he has just moved back in since then. He is verbally and mentally abusive and beyond delusional. He speaks a lot about things that are not real and has this idea in his head... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 23, 2021

I am sorry to hear about your situation. Your parents are responsible for his care until he is 18. If there are reasons why he should be institutionalized, then that is a possibility.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can custodial parent deny vacation time?

If the Parenting Agreement says we get 2 weeks vacation and just have to let the mother know 14 days in advance, where we are going, and contact numbers to get ahold of the child. The parenting agreement does not say there are certain times in which we can take vacation, or that we need approval... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 22, 2021

Based on what you are saying you are entitled to two weeks of summer time, however it would be necessary to review the parenting plan to interpret it specifically. Many plans require coordination or provide a provision for conflicting choices of time.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: my sons mother had majority custody during school and now he is super behind, what can i do?

my sons mother had majority custody during school i had every other weekend. all of a sudden she wanted to switch because she "couldnt handle him" during home schooling. I currently have him here and now after two weeks she is trying to get him back is there anything i can do to prevent... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 22, 2021

I am sorry to hear that he is behind in school. You may be able to request a modification of parenting time based on the best interests of the child standard.

1 Answer | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: I'm not on my kids birth certificate an on her mom's watch she's gotten mersa an said she now tests positive for hiv

And says I'm not her dad but either way iv been there since the start. her boyfriends beats her in front of my kid how can I get custody its not safe for her over there anymore

Sabra M. Janko
Sabra M. Janko answered on Apr 16, 2021

I am sorry to hear about your situation. You can file for allocation of parental responsibilities or for a modification if there is already an order. You may have to establish your paternity if Mother disputes it. You should also report to the Department of Human Services if you feel that the cild... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: If mental health is brought forward by the other parent and I’ve had my children for the last year but we do have a

Permanent order of 50/50 and he is now trying to go back to the permanent order without letting me know his progress with his mental health will the judge find me in contempt? He did file a contempt against me. I have filed to modify the order to 70/30 and he filed a contempt once he received the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 6, 2021

You are obligated to follow the existing order unless and until it is changed. There are not enough facts here to predict whether there are grounds for anyone to be found in contempt. As far as letting you know of progress with his mental health treatment, it depends on whether the current order... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is my ex allowed to get our son vaccinated without my consent?

I am my sons primary parent, I have him all week and his mother has him on the weekends. Also we have never gone to court for custody. She has just never really been in his life fully

Sabra M. Janko
Sabra M. Janko answered on Mar 27, 2021

If there is no allocation of decision-making responsibility then either parent can make a medical decision for the child.

1 Answer | Asked in Family Law for Colorado on
Q: Non custodial parent zero parenting time/zero custody has kept kids (2 of them) stimulus checks is this fair?

I have full custody and there has been zero contact w/non custodial parent who gets exemption every other year due to divorce decree. He kept their stimulus (2 kids) and is going to keep the extra child tax in July - the tax to end child poverty that he has had no children in his care - at all. Can... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 23, 2021

If you are unmarried and filing separate tax returns, the stimulus check is based on each person' prior income and is not specifically intended to go to children so each party would keep his or her own. As for the extra child tax credit, it depends on what your agreement says. However... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: I live in another state but father lives there. Is there any way of finding him?

Child Support Enforcement here keeps asking me for his address and employer.

Sabra M. Janko
Sabra M. Janko answered on Mar 22, 2021

Child support enforcement has location methods. You could also have a skip trace done privately to attempt to locate him. They possibly could do the same.

1 Answer | Asked in Family Law for Colorado on
Q: I've been over paying child support for child aged out for almost 2 years

I still pay on one child but my 2nd child is aged out and still paying the same amount as I did for both

Sabra M. Janko
Sabra M. Janko answered on Mar 15, 2021

You will have to file a Motion to Modify Child Support. You may want to consult with an attorney to handle this for you.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can one parent, as the "primary parent" make appointments and decisions about how the other parent's time is spent?

Is it legal for one parent, designated as the "primary parent", make appointments and decisions for how unsupervised parenting time is spent with the other parent? The "step up" program has been over and done for over a year now, and now the other parent is trying to control... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 11, 2021

I am sorry to hear about your situation. It depends on what your court order says. Usually one parent should not schedule events that will occur on the other parent's time without the consent of the other parent. However there is no law that prevents that. If this is an issue, then you may... Read more »

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Civil Rights for Colorado on
Q: What can I do to be able to install a more suitable fence for my special needs child? When HOA has fence regulations.

I am purchasing my first home, after signing the purchase agreement we were told that HOA only allows a 4 ft fence. The fence is pretty climb-able and open so I was told we could add chicken wire. This still would not work for us because my 5 yr old special needs child is autistic/wanderer and can... Read more »

Donald C Eby
Donald C Eby answered on Mar 6, 2021

You may want to make a "reasonable accommodation" request to your HOA, if this is denied you'll need to get an attorney involved.

1 Answer | Asked in Business Law, Civil Litigation and Family Law for Colorado on
Q: I’m in dispute with 50/50 business partner had lawyer send letter to mediate or file lawsuit - he’s also my husband

I know this gets complex on both sides of business and what it means for my marriage - anyways I need business dispute to be addressed first and foremost but in response he filed for divorce which I’m told stops the business part from continuing! I fear this is again a tactic for him to avoid the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 6, 2021

I am sorry to hear about your situation. The divorce court will address property division regarding the business. There is a mandatory injunction which stops business activities that were not conducted previously during the marriage in the normal course of business. If there is a separate contract... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for Colorado on
Q: If court order is not modifiy or stipulations were not filed is it a civil case?
Sabra M. Janko
Sabra M. Janko answered on Mar 6, 2021

It would be important to know what type of case it is. Courts have subject matter jurisdiction over certain subjects so it is not possible to determine what type of case it is based on whether there is a motion to modify some unspecified thing and there were no stipulations filed.

1 Answer | Asked in Family Law for Colorado on
Q: i have sole legally custody of my son and his father name is not on the birth certificate what rights does his family

have to my son

Sabra M. Janko
Sabra M. Janko answered on Mar 5, 2021

It depends on whether paternity has been established. However, extended family members have no right to contact with children generally. If they have cared for the children for six months, then they have standing to intervene in an allocation of parental responsibilities case.

1 Answer | Asked in Child Support, Family Law, Estate Planning and Probate for Colorado on
Q: Ex went missing in Gulf in 2019. No death certificate issued but my child support/alimony was closed by Montrose. Legal?

I have a child that was 17 at the time of her dad went missing. I was receiving child support and alimony. D's body wasn't recovered and no death certificate was issued by FL (state of accident). Montrose County filed for support of evidence that he was deceased but bec it took place in... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

I am sorry to hear about the situation. You could talk to a caseworker who could explain the reason. Often people will have life insurance to insure support or you might be able to make a claim against the estate if probate is a possibility.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: How long does a parent have to submit receipts to the other parent for extraordinary medical expenses? Is there a law?

We are getting receipts that are almost a year old from the other parent, asking for repayment of our portion.

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2021

The parenting plan often will specify a time. If it does not, you can have it modified to specify a time for submission and reimbursement. There is no law that specifies a time.

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