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Colorado Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex was pregnant before we met. My name is on the birth certificate because we were married. Can I get my name off?

My ex wife was pregnant before we were married. She had the child after we were married, so my name is on the birth certificate. She has told me that she wants me to have no contact with the child anymore. I am paying about 300 dollars a month for child support. Am I able to get my name off of the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

It is difficult to ask for paternity testing if you did not do so in the course of the child support proceedings. The courts at this point do not have an interest in disproving paternity.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I live in Colorado and my ex filed a motion to appoint a child and family investigator. Can the judge rule immediately?

Do I have a certain amount of time that I am granted to respond before the judge can rule on this motion? It appears that my ex and her attorney filed the motion on July 19th and the Judge granted the order the same day before I even had a chance to respond. Can they do this?

Sabra M. Janko
Sabra M. Janko answered on Jul 24, 2021

You can ask for the opportunity to respond. By statute you have 21 days. If you had participated in the proceedings then you should have been given the opportunity to respond.

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: My ex-husband and I would like to terminate child support and are filling out the form ourselves.

We have a special needs son that we agreed to support as long as he lives in one of our homes. However, child support is going to interfere with Medicaid/SSI (particularly SSI). If we list the reason to support termination as: it is in his best interest as it could interfere with benefits (Medicaid... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 9, 2021

Unfortunately no one can tell you what a court will decide. Child support is considered the right of the child and it is not likely that a court will deprive a child of support so that the child can qualify for public assistance. Additionally the state has an interest in obtaining child support so... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: If I want to marry my 3 girlfriends, can I just have a ceremony, and not register under the law, is that still legal?

I'm polyamorous, and I love all 3 of my girlfriends very very much, but ik polyamorous relationships are illegal, but the law says if your married to someone, you cannot legally marry someone else, so how does this affect that law, and could I be charged for it?

Sabra M. Janko
Sabra M. Janko answered on Jul 1, 2021

You can be common law married to one without a ceremony potentially, but not to more than one. For any illegal act, you can be prosecuted. Whether law enforcement would expend efforts to enforce that law is another matter.

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: I received a settlement offer about child support fm my son's father & I don't know if its the best choice or even legal

The settlement offer is for 1/2 the amount he owes claiming he will pay my son and i a lump sum if I cancel the child support order

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

Whether you accept it is up to you. You are entitled to the full amount - though not in a lump sum.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Hair follicle drug test

You

Well the court ordered hair follicle drug test for both parties because my ex accuse me of using drugs they gave us 30 days to have the results turned in which was June 7 what is the deadline I turn my results in but they ask who accuse me has not even submitted any test results at all... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 12, 2021

If she has not complied with a court order, then the court order can be moved to be enforced.

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: In Colorado is a CFI supposed to be non bias. Can their duties be to only investigate o e party.
Sabra M. Janko
Sabra M. Janko answered on Jun 6, 2021

A CFI is appointed by the Court and must be non-biased. The CFI never evaluates a single party but rather speaks to both parents and the children and makes a recommendation about allocation of parental responsibilities.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What do I do if I feel the magistrate has been bias?

I have had temporary custody of my almost 2 year old for a year and a half. The magistrate keeps pushing out our case. During status conferences she only would address the mother. The mother never did anything the court asked her to. Accused me of abusing her and my son and did not submit any... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 25, 2021

It is difficult to establish bias as it has to be based on more than a disagreement with the magistrate's decisions. You will have to have some independent witnesses if you would like to support an allegation of bias.

1 Answer | Asked in Family Law for Colorado on
Q: My parenting plan was set so my son would have to go stay with his mom in Florida for the summer. We live in Colorado

She has since moved back to Colorado, am I still required to send him to her house For the whole summer even tho it was specified about exercising her time in Florida. She is refusing to communicate about a new plan even tho she already agreed to a new plan (over text) when she first arrived.i... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 20, 2021

It sounds like you need a modification to the parenting plan based on the move. Given that the intent was that Mother should have summer parenting time, you should allow her the time even though she has relocated closer. You can file a motion to modify parenting time to get the ball rolling if she... Read more »

2 Answers | Asked in Domestic Violence and Family Law for Colorado on
Q: There is currently an active case for abuse against the husband of my sons mother for abusing one of my sons siblings

She is now wanting to exercise her parenting time for the summer. Am I still required to send him to her house for the summer.

Sabra M. Janko
Sabra M. Janko answered on May 20, 2021

I am sorry to hear about your situation. Everyone is obligated to follow the court order in existence. If a modification or an emergency restriction is needed, then it is necessary to file with the court to make the change if there is already an order in existence,

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2 Answers | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: My ex-husband and I both moved to other states after our divorce. We both want to alter the custody part of the divorce.

how do we go about changing the custody agreement? the state we moved from is too far away to fly out just to alter one part of the divorce. I live in Colorado now and he and the children are in New Mexico.

Sabra M. Janko
Sabra M. Janko answered on May 17, 2021

The state that issued the order no longer has jurisdiction since you both and the children have left. If the children live in New Mexico, that is the state that now has jurisdiction.

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2 Answers | Asked in Divorce, Family Law and Collections for Colorado on
Q: How to get my name off a car I cosigned on.

I cosigned for an ex partner, the relationship was abusive and I no longer have any contact with her at all. She has since missed 23 payments on that car and is still affecting my life. How do I go about getting my name off of the car and not hurting my credit anymore than it is already hurt?

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

If you are married, you can file for dissolution and property settlement. If not, when you co-signed, you agreed to pay if she did not. Absent her consent to refinance in her own name, you are legally obligated to pay if she does not.

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Child is refusing to go with parent, Due to parent being intoxicated and aggressive. Should I file an Emergency order?
Sabra M. Janko
Sabra M. Janko answered on May 4, 2021

It depends on what you mean by aggressive. A emergency restriction requires proving that the parent is endangering the child.

1 Answer | Asked in Criminal Law and Family Law for Colorado on
Q: Is a parent destroying a child's clothing and personal belongings abusive? Is this something that CPS should know about?
Sabra M. Janko
Sabra M. Janko answered on May 4, 2021

If the parent did tis in front of the child it could be considered emotionally abusive.

1 Answer | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: can CPS take your kids and place them in foster care with nothing other than assumptions?

They took my kids all because they assumed that they werent with my mom, they literally tailed my mom and followed her and they couldnt see my kids through tinted windows. When they did come in contact with my mom, she had them with her, but because she was in my neighborhood (1 block away mind... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 30, 2021

If CPS determines that the children may be in danger, they can place them in foster care. You will have an opportunity in the course of the investigation to explain why you. believe they were not in danger.

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.

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