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Colorado Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law and Criminal Law for Colorado on
Q: If my daughter is 16 and just seeing a guy that's 22 can I have him arrested if he sees her again?

So I have a 16 year old daughter who keeps going and seeing this boy she likes but he's 22. She says they arnt having sex they are just friends can I tell them both to stay away from each other, and can he be arrested if they contact each other?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Oct 9, 2016

There is no crime in two people meeting. Even if sex occurs, Colorado allows a 10 year gap between ages for statutory rape (i.e. the man would need to be 26 or older for statutory rape to apply). You can exercise REASONABLE parental control and restrict access.

1 Answer | Asked in Juvenile Law, Family Law and Landlord - Tenant for Colorado on
Q: My son is 17 and just dropped out of high school. He has a job. Can I legally charge him rent to stay in our home?

I know that it is my responsibility to offer him food and shelter until he is 18 but since he dropped out of school and is not actively working to get his GED, can I charge him rent now?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 16, 2016

What you are proposing is something of a grey area. Charging rent from a minor (who you have a legal obligation to support) is moving dangerously close to child neglect. There are also significant issues related to the violability of nearly all contract with unemancipated minors. Tread very... View More

1 Answer | Asked in Child Custody and Juvenile Law for Colorado on
Q: As a 17 year old that is not emancipated, can I move in with someone who isn't a legal guardian if my parents okay it?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 16, 2016

On it face, there is no law preventing a minor for staying with another adult for a short or long duration. CPS could theoretically become involved if this adult is a health/safety concern (usually CPS will only become involved if someone reports an alleged abuse/violation). Key here is to ensure... View More

1 Answer | Asked in Adoption, Child Custody and Juvenile Law for Colorado on
Q: How/when do I find out if the other party was approved to not appear (like was requested in their response)

I am filing for stepparent adoption and in the Response from the non custodial parent they requested to not appear physically because they have no money or time off work. They live in a different state and I live in Colorado. Neither of us have a lawyer. THANK FOR YOUR HELP!!

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Sep 16, 2016

Usually, a phone appearance request must be made in a separate motion. For pro se parties (without a lawyer), most judges relax the filing requirements, so the reply may be sufficient. The best ways to check are to look at the filing history (which I do not believe is available to the lay public)... View More

1 Answer | Asked in Juvenile Law for Colorado on
Q: I live in Colorado& I'll be 18 in 1 month& I'd like to leave state.I have a 3 month old. Can I get introuble for leaving

I don't want to have the chance to get my son taken from me .

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jun 30, 2016

You will need to contact an attorney directly because this requires a confidential communication (Justia does not create an attorney-client relationship). There are many risks associated with leaving and staying in Colorado--you should be aware of these risks so you can make the right decision.... View More

2 Answers | Asked in Juvenile Law for Colorado on
Q: I was wondering why my daughter got a civil suit filed against her?

I just had a question. So my 14 year old daughter got arrested a couple months ago for shoplifting and it was her second shoplifting ticket in a 12 month period. She got community service and everything which she has been doing but we have received a call saying that the place she stole from is... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 14, 2016

Hard to say, the retailer total control say over how they pursue a civil suit. It could be a mistake or it could be that they have not completed the claim against you yet.

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1 Answer | Asked in Juvenile Law for Colorado on
Q: Q: How do I get emancipated in Colorado without parents consent?

I'm 17 and I am very financially independent and I work full time. I'm studying for my GED and have a promising career for my future. I currently live with my mom but I'd like to move out so I can start building credit and becoming fully independent. I'm not in an abusive family... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on May 8, 2016

In Colorado, emancipation must be initiated by the State (e.g. Dept. of Human Services). There is no way for an independent party to petition for emancipation. Based on your facts it is unlikely that Child Protective Services will intervene. You can join the military or you will have to wait until... View More

1 Answer | Asked in Juvenile Law for Colorado on
Q: 17 in Colorado and just got an MIP. My court date is in June and ill be 18 by then, will i be tried as an adult or minor
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Apr 16, 2016

Since you committed the crime when you are 17, you will be charged as a minor. As with all things in law, there are always exceptions, but they should not apply in your situation. Also be aware that as a minor you have several options: (1) deferral (complete the program and your case is dismissed);... View More

2 Answers | Asked in Family Law and Juvenile Law for Colorado on
Q: Can i file for emergency temporary custody in colorado if my 13 year old sons father has been keeping me from him for 4

years and in that time a 7 year old boy was shot by my son and that little boy almost lost his life. The gun that was used was my sons fathers that he found in the bedroom that he shared with his father and no adult was home at the time.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 19, 2016

It sounds like you have a strong claim for an emergency custody modification based on concerns for the health/safety of the child. Your local courthouse will have resources to assist you, but I recommend that you contact a lawyer - modifications are rather technical hearings.

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1 Answer | Asked in Education Law and Juvenile Law for Colorado on
Q: Would a minor be penalized if they refused to be breathalyzed when leaving the premises of a building?

So I am about to go to prom as a senior. This is for a high school dance. My principle has made a rule that students must be breathalyzed on the way in and the way out of the dance. It is understandable to be breathalyzed on the way in, but will students be penalized by refusing to be breathalyzed... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Mar 7, 2016

This is not a legal requirement, but apparently a local school policy (I assume it is not a district policy). It is possible that testing before entry in legal (under the logic that this is a private event), but this is open to a lot of interpretation. As for the testing before leaving, that seems... View More

1 Answer | Asked in Juvenile Law and Criminal Law for Colorado on
Q: hello,my question is if a 20 yr old was NECKING with a 131/2 year old would he be charged with a sex crime in colorado?

if we were to press charges what would happen? the incident happened on a visit to colo,but i live in texas and would report it there. again what if anything is going to happen?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 28, 2016

Under Colorado's sexual assault laws 18-3-402 et seq., kissing alone is probably insufficient grounds unless there was contact on "intimidate parts" (CRS 18-3-401) (laws can be found at: http://www.intotolegal.com/upcoming%20Events/Forms.html ). You cannot file charges in Texas... View More

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: I have a 17yr old who is very abusive towards me he will be 18 in 4 months. how can I have him permanently removed now?
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 24, 2016

You have two options. One, call the police if he becomes physically violent. Two, report yourself to CPS as an unfit parent and seek removal. Colorado, like most states, does not allow parents to waive parental responsibilities without court/CPS approval to avoid being subject to criminal child... View More

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: In the state of Colorado, in Denver can a 17 year old marry a 14 year old if both parties have parental consent?

Also, how would the two individuals obtain judicial/court consent? Please provide additional legal info.

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Feb 8, 2016

No, Colorado requires that the parties be at least 16 with parental consent. See CRS 14-2-106 @ (click on the statutes link) http://www.intotolegal.com/upcoming%20Events/Forms.html . Incidentally, sex with a child under the age of 15 is a class 3 or 4 felony (even with consent).

1 Answer | Asked in Juvenile Law for Colorado on
Q: I have 2 months until I'm 18 me and my mom don't get along I live with my boyfriend mostly can I legally leave?

About 2 weeks ago my mom kicked me out and still had contact and knew exactly were I was the whole time the 2nd week she called me in as a run away and I was forced to leave my boyfriends house where all my belongings are because she kicked me out and now she won't let me leave my house until... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 18, 2016

I'm sorry. The choice is yours to make, but be aware that Colorado does not allow petitions for emancipation unless a supporting agency files the petition (i.e. CPS). Even if CPS was willing, the petition process would likely be longer than the remaining 2 months until majority. You can seek... View More

1 Answer | Asked in Juvenile Law for Colorado on
Q: I'm 14 And 7 Months Pregnant.. I Have Truancy Court An I Don't Know What To Do.
Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Jan 5, 2016

It sounds like you have an actual court date. If so, the best advice is to make sure you get to court--have a parent, boyfriend or friend drive you. Truancy charges will not result in prison time. There are general exceptions for health reasons, which may apply in your case. The most likely result... View More

1 Answer | Asked in Juvenile Law for Colorado on
Q: I live in Colorado, I am almost 17 years old, I was wondering if my parents are legally allowed to make me quit my job?

My mom is always changing her mind about these things and I was wondering if she can legally force me to quit my job. Is there anything I can do to stop her?

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 25, 2015

Parents are allowed significant control and power over minors under their care. Courts (and social services) are generally very reluctant to review parental decisions unless their is clear evidence of parental abuse/neglect. I would say generally yes parent can prevent you from working, but cannot... View More

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: I live in the state of Colorado, so can I get legally emancipated at 17 years of age? How does the process work?

My stepfather has been physically and verbally abusive to me and as of a few days ago I'm living at my friend's house. My friend said I can stay with her for as long as I have to (until I leave for college next year) but she doesn't want to run into any legal issues given that she... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 22, 2015

I am sorry to hear that your home life is abusive. Colorado does not have an independent cause of action for emancipation of a minor. In other words, emancipation is conditioned upon: a divorce, child support claim or a request from a state/local child protection agency. At this point you have four... View More

1 Answer | Asked in Juvenile Law for Colorado on
Q: My 13 yr old got a MIP. She was given a breathilizer by a sherriffs dept. deputy. Her friend was given one by city cop.

Can they give either one without parent consent

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 18, 2015

Generally speaking a minor cannot give consent. However, Colorado as a condition of a driver's license requires both the minor and at least one guardian to pre-consent. Even if this fails, there are circumstances where direct consent is not required (it is imputed). You can discuss this matter... View More

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: What can i do to be able to have my 15 year old sister live with me ?

My sister grew up with her mom and her adopted father. I grew up with my mom and step father. She did not have a very good home life. She is not at all a bad kid just misunderstood. We recently met 2 months ago and she was staying with godmom. The day i was able to meet her with out biological... View More

Tristan Kenyon Schultz
Tristan Kenyon Schultz
answered on Nov 18, 2015

Before I answer, you have my respect for your efforts to help your sister. From the sounds of it she clearly needs some love and support. I will go though each factor is short order, but you should be able to find a workable solution. You may need to contact an attorney. Also be aware that many... View More

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