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Colorado Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How do i respond to being served with custody papers from someone who is not on my daughters birth certificate?

My daughters' possible father was in prison for the first year of her life, when he got out it has been nothing but a fight trying to get him to honor any kind of agreement we had made. Given his past I felt he need to show that he wasn't going to go back to his old ways. After finding... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

Ask for a paternity test to determine if he is indeed the father.

1 Answer | Asked in Family Law for Colorado on
Q: What kind of evidence is good to present in court if father is requesting to move out of state and I'm objecting?

Can I submit 2 parenting plans to the court. One being if kids are granted to stay in Colorado with me and one if father is allowed to move?

John Hyland Barrett III
John Hyland Barrett III
answered on May 8, 2024

Yes, It is a good idea to present alternative parenting plans.

1 Answer | Asked in Family Law for Colorado on
Q: when responding to a motion to modify parenting time is it best to explain why you disagree or ask for mediation

our final orders state that any motion to modify parenting time, mediation will be mandatory

John Hyland Barrett III
John Hyland Barrett III
answered on May 3, 2024

Your response to the motion should focus on why the current parenting plan is in the best interest of the children. You could file a separate request for mediation. I expect the court would order mediation before a hearing on the motion anyway. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law for Colorado on
Q: Is there case law to support a motion for attorneys fees if I had limited scope counsel assist with writing motion?

I had limited scope counsel help write a Motion for Contempt but opposing counsel has objected stating I was pro se, and can't ask for attorney fees.

Cindy Perusse
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Cindy Perusse
answered on May 3, 2024

Yes you can. You incurred legal fees from an attorney. File the motion and show the Limited Scope representation agreement and the invoice for the payment to the attorney for the fees.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can me and the witness wave the 14 days of a subpoena being served
John Hyland Barrett III
John Hyland Barrett III
answered on Apr 12, 2024

Yes, if the witness agrees.

1 Answer | Asked in Family Law for Colorado on
Q: I had restrictions put on my parenting time, if I follow all of the mediations set forth,how long before removal?

Child abuse case stemming from alcohol abuse. Parent was able to document bruises and marks NOT CAUSED BY ABUSE but by a 3 year old playing like a 3 year old does.. wobbly and wobbly... and more wobbly.. causing some normal wear and tear on her body, but nothing EVER in the way of a hit or punch or... View More

Sabra M. Janko
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answered on Nov 30, 2023

If this was a restriction in domestic relations court, then you can file a motion to modify parenting time and decision making. You will have to satisfy the court that the child is not in danger due to your actions or environmental situation.

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: My wife passed away in 2021. I just got remarried. How does my new wife adopt the kids? In case something happens to me.
Sabra M. Janko
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answered on Nov 30, 2023

I am sorry to hear about your wife. Your new wife can adopt the children through a stepparent adoption.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: When a temporary court order is vacated does the original order go back in place?

My child's father and I have had a parenting plan filed with the court since 2011 where I am the custodial parent and he gets visitation every other weekend. After an argument I had with my 18 year old my son went to his father's and was not returned. After being gone for 3 weeks his... View More

Sabra M. Janko
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answered on Nov 26, 2023

If the court completely vacated the temporary restriction, then the original order goes back into place. However sometimes the court will vacate the restriction but implement new provisions so you want to make sure that you completely understand any order that was a result of the emergency motion.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Colorado on
Q: Caretaker for gmother's home while on market never paid for 6 months until interested buyer, can I b thrown out

Two aunts ,who has done other embarressing actions, also I'm homeless

Anthony M. Avery
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answered on Nov 16, 2023

Whoever has title to the home can sue you for possession.

1 Answer | Asked in Adoption, Child Custody and Family Law for Colorado on
Q: Can my 15 year old transgender sibling choose to live with me without me having to fight my dad for custody?

My dad is extremely LDS and does not give my autistic sibling freedom to explore their gender or sexuality. I'm worried about how this affects their mental health. I live in Colorado and he lives with my siblings in Idaho. My sibling has expressed before that they want to live with me. Do I... View More

Michael Joseph Larranaga
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answered on Nov 6, 2023

While I do not know the laws in ID, I would think that if your sister is a minor and has not otherwise been legally emancipated, then your father remains her legal guardian and can make decisions on her behalf including where she lives.

That being said, if there is clear physical or mental...
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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Am i able to get custody of my step son?

My step son was born in mexico mom has not been involed in his lfe for a little over 2 yrs i am married to his bio father

Sabra M. Janko
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answered on Oct 27, 2023

If biological Mother has abandoned the child then you can apply for stepparent adoption. Biological Mother must be informed of the action and receive the opportunity to be heard. If she consents then the process is much easier than if she contests. In my experience biological parents who have not... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I have paid the mortgage for 7 years while my husband didn't contribute. Do I need to split the house 50/50 in divorce?

I bought the house in my name. He has never been on the title. I paid the mortgage all 7 years. I have paid all the utilities and he has given me cash for the last 5 years, in an amount that didn't cover all utility costs. I was primarily responsible for all inside cleaning and projects. He... View More

Christopher N. Little
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Christopher N. Little
answered on Oct 26, 2023

Hi there,

You ask an excellent question and you are wise to start looking for appropriate resources to help you have perspective as to what could happen in a divorce and what your legal rights are. The best answer I can give you without more information is "maybe." Domestic...
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2 Answers | Asked in Family Law for Colorado on
Q: Will a Colorado judge order a noncustodial parent to purchase a vehicle and cover the cost of car insurance for a child

Non-custodial parent lives out of state and has no contact with child. Parenting plan does not outline any agreement in regards to providing child with a vehicle. Custodial parent is demanding a car be purchased or else “the court will order it be purchased”

Sabra M. Janko
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answered on Oct 25, 2023

It is not very likely that a court would order a parent to purchase a vehicle or to cover vehicle insurance alone, however at least one court has previously ordered a sharing of vehicle insurance for a teenager. It is not common for a court to order a parent to purchase an item.

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1 Answer | Asked in Banking and Family Law for Colorado on
Q: My son & his family move in with me then asked me to put up my home as collateral on a loan he needed. They got angry at

Me and moved out but asked my other son to move in and pay rent to him so he could keep up the payments on the loan.. I don't want to live with this son and family either.. can I sell my home and pay off the mortgage with the income from the sale.. I'm 62 years old and in good health but... View More

James L. Arrasmith
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answered on Oct 22, 2023

I'm truly sorry to hear about your situation. Generally speaking, if you are the sole owner of the home and there isn't any legal encumbrance preventing a sale, you should be able to sell your home and use the proceeds to pay off any mortgages or liens, including the loan secured by your... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My ex tells me that he is retiring next year. I don’t care what he says, the way that our divorce was written in Larimer

In Larimer county, the way that it was written it said nothing about him not paying me when he retired. We were married for 15 years and as far as I researched, Larimer county is the only county that does not follow the states divorce law!

He is a veterinarian who lives in wealth in the... View More

Christopher N. Little
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Christopher N. Little
answered on Oct 13, 2023

Hi There,

I am very sorry to hear about what you are going through right now and what you have been through. More than anything, from your post, it sounds like you are looking for legal representation that is responsive to your financial condition; which is completely understandable. I...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: If I get child support from my kids dad and I've had her always but never had custody arrangements can he come take her

I've had her her whole 6 years of her life, he's had her stay the night once. He pays me child support through the county. Her address is my address, all of her stuff is here and she doesn't want to go.

Sabra M. Janko
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answered on Oct 9, 2023

It sounds like you need an allocation of parental responsibilities (child custody) order. Without one either of you have access to the child. The fact that he pays support does not give him a superior right to the child.

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: can I get my money back for a car that was always a gift?

I was a stay-at-home wife for 10 years in 2021 my ex bought me a car as a gift of $750. Per month he made the payments from a separate account it never came out of the joint account I have a joint account yearly statement for 2021/2022 on 7/5/2022 we separated in September I was being forced to... View More

Sabra M. Janko
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answered on Oct 1, 2023

It is unclear where you are in the case. You are required to comply with any mediated agreement or court order. It is also not clear what you mean by the fact that he "put you in debt". A gift can either be to one party or to the marriage so it would be necessary to present evidence if... View More

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: the father of my child never got legitimize moved of state for better Medical care for a relapse of multiple sclerosis

Since I’ve been in Colorado state, after visiting the child’s father has filed for the legitimization, sole custody and child support in the county where he resides . I was served a hand delivered summons of him requesting legitimization, sole custody and child support . The summons that I... View More

Sabra M. Janko
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answered on Sep 30, 2023

He would have filed a petition or motion to which you have 21 or 35 days to respond depending whether you are in state or out of state. This is where you can provide your position about anything that you believe is wrong about his information.

1 Answer | Asked in Family Law for Colorado on
Q: Is there a time limit for temporary orders in an APR case?
Sabra M. Janko
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answered on Sep 30, 2023

Generally a temporary orders hearing is requested at the initial status conference. After request, it is scheduled within 60 days. Each county differs in how much time it takes for the hearing to be set.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: My spouse's response to me filing for divorce is to ask the court to enter orders on property division and maintenance.

What does that mean? He has an attorney, I'm poor and don't have one. Thank you

Christopher N. Little
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Christopher N. Little
answered on Sep 29, 2023

Great question!

First, I am very sorry to hear that you are going through this; divorce is generally associated with difficult times in folks' lives and I feel for you. To answer your question, your spouse has asked the Court to enter Orders concerning all of the property subject to...
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