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Colorado Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: If a father is not on the birth certificate does he have the right to get a lawyer and take your child away from you

Under false pretenses besidesOnly thing is is living in hotel rooms after losing house. And is it against the law to do it without being served with paperwork before court date

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

A person who has no connection to a child can "take the child away" in court in the sense of obtaining custody. It sounds like the father here may have some connection to the child.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Constitutional Law for Colorado on
Q: How do I get my parenting plan enforced, since local law enforcement won't help?

My grandmother has been refusing to let my children be taken from her custody under threat of dhs involvement, since June 2020. The judge in both cases acknowledged my custody order but doesn't know why its not being enforced. HELP

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

If you have a custody order, you can enforce it in court. You would file a motion to enforce.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My boyfriend and I live in Colorado. Does he have parental rights to my 2 teenage children that live with us full time?
John Hyland Barrett III
John Hyland Barrett III answered on Jan 13, 2021

He does not have any parental rights absent a court determination that he should have them. It is sometimes possible for a non-parent to obtain parental rights if doing so appears to be in the best interests of the children.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: If the petitioner passed away, is the court order still valid?
Sean Maye
Sean Maye answered on Jan 8, 2021

Without knowing the specifics of what you're referring to and the specific Court order at issue, no attorney can say you're correct 100%. But, generally speaking, an Order from the Court that requires 2 parties to act or not act in a particular way can become moot upon the death of one... Read more »

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: What recourse do I have if the child support office messed up my child support and have not received anything in 2mo?

My support was lowered in sept. I continued to received the same support in sept and oct because the child support office had not processed the court order yet. I had not received anything since Oct 7th and was told by them that was due to the modification and had been paid more in sept/oct. Made... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jan 2, 2021

I am sorry to hear about your situation. Everything that you are describing sounds possible. For example, your ex's payment could have been garnished for another debt. You might request a copy of the support documentation from the caseworker to review or ask to speak with a manager who might... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Hi, I would like to file child support from my ex husband. I'm currently not working. my current spouse supports me.

Do I put my husbands income down on the financial statement?

Sabra M. Janko
Sabra M. Janko answered on Dec 29, 2020

Your current spouse's income does not count towards child support for a child of another marriage. You just put down your income.

1 Answer | Asked in Family Law for Colorado on
Q: I have a NCO with parter and I came to an agreement using talking parents can I trust this or do I need a court
Sabra M. Janko
Sabra M. Janko answered on Dec 28, 2020

If you would like an agreement that is enforceable in domestic relations court, then you should have a court order.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: When can my 14 year old son decide if he wants to visit his mother or not?

My son and I live in Nebraska and his mother lives in Colorado where we were divorced. He is now at the age where he doesn't want to go visit on the one weekend a month that he is supposed to go. All they do is argue when he is there.

Sabra M. Janko
Sabra M. Janko answered on Dec 24, 2020

The parenting time plan is what the court order specifies. If you feel that a change is in his best interests, you can request a modification. There is no time where a parent can allow a child to violate a court order due to age.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: In Utah had a protective order against me and part of that order the judge said would automatic end I n 150 days.. well

At almost 2 years I was arrested for a violation . My kids was taken from me from our home in Colorado.. the judge said 150 days why isn't what the judge orders being done

Sabra M. Janko
Sabra M. Janko answered on Dec 17, 2020

You may wish to have an attorney review the order. If the order was issued in Utah, any modification would have to occur there if any of the parties remain there.

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: Can the biological father see his son after being absent for 13 years ?

The biological father of my step-son has been absent since he was born he’s 13 now, I met him when he was 10 when I met his mother, we are together and somehow the absent father appear and demands he wants to see him, me and my wife talked about it and we both agree he can see him but only... Read more »

Sabra M. Janko
Sabra M. Janko answered on Dec 15, 2020

It depends on whether there are any current parenting time orders. If not, it sounds like you may want to request orders. As for adoption, if the biological parent consents then you may have a good opportunity. if not, the biological parent has priority, however the fact that the parent was absent... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Q: Is a delegation of power by parent recognized if child is from CA and the appointed party lives in CO
Sabra M. Janko
Sabra M. Janko answered on Dec 15, 2020

It depends on any current court orders, however a parent can extend temporary parental rights to another either through a court or administrative process.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Colorado on
Q: Are my children my property?

Can I sue a family court judge for kid napping my children.

Sabra M. Janko
Sabra M. Janko answered on Dec 15, 2020

It sounds like there is a bit of history here. I am assuming that the Judge did not physically take your children. I am sorry to hear that you have lost time with them. Judges can only be held liable for acting outside of the scope of their duties, not for decisions issued in the course of their... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Colorado on
Q: CPS is lying and won't give our kids back. The judge is going along with it. They have missed appointments.

They have caused us to miss visits by scheduling then on holidays and during a dental appointment we wasn't allowed to attend as promised. I need help proving this and someone that will stand up for we are being violated our children's rights are being violated

Sean Maye
Sean Maye answered on Dec 11, 2020

The general statement of things that you have provided here certainly seems unfair and should consult with a lawyer so that they can learn more details about your situation and advise you on your best options/defenses. There is not information in this post to adequately respond to your concerns... Read more »

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: What does it mean when respondents lawyer is saying they are filing a motion for "expedited briefing schedule"?
John Hyland Barrett III
John Hyland Barrett III answered on Dec 10, 2020

They are asking the court to reduce the normal time for filing responses/replies. This can be done if there is an urgent situation that needs to be addressed by the court.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can I revoke the POA of my sons anytime
Sabra M. Janko
Sabra M. Janko answered on Dec 7, 2020

If you granted the POA, then you can revoke it at any time both verbally and in writing.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: My ex husband allowed our 12 year old daughters boyfriend to spend the night, can legal actions be taken?
Sabra M. Janko
Sabra M. Janko answered on Dec 7, 2020

Spending the night in the same residence alone, without more, is not illegal, however it is not clear what the full context of the situation is. I understand that it does not seem appropriate. If there was some harm to your daughter or some inappropriate behavior, then that could be a different... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My 36yo daughter died two wks ago intestate. She and her 6yo son had lived with me since beginning of pregnancy 8/13.

Father of child not listed on birth certificate although he did file paternity suit 6/14 proving his paternity. What are my rights besides visitation. How best to proceed?

Sabra M. Janko
Sabra M. Janko answered on Dec 2, 2020

I am sorry to hear about your situation. The father has priority for custody. However if he is not interested in exercising custody, he might be able to enter into a consent agreement with you for adoption or custody.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Colorado on
Q: What if somebody makes up lies that my child's life is in danger to be granted emergency guardianship to my child.

The lies were proven in court and judge told her to return the child and she did not. She hid my child causing her to not be able to attend school, I thought my child might be dead. At contempt hearing the judge said there was not an order even though I have a recording of him saying it and last... Read more »

Sean Maye
Sean Maye answered on Nov 30, 2020

First off, I am so sorry you're experiencing this.

Now, unfortunately, what you've written here is a bit confusing and inconsistent. On one hand, you're saying that there was a formal contempt order from the court, but on the other hand you're saying the same judge...
Read more »

1 Answer | Asked in Family Law for Colorado on
Q: If my custody case was moved to CO from MI how can I close my case in MI to stop litigation from being continued there?

I have a contract with an Arbiter in MI I want to end and one of the only ways I believe is if my case is actually closed.

Sabra M. Janko
Sabra M. Janko answered on Nov 26, 2020

It depends on the facts of the interstate jurisdiction and where the controlling order is. In order to enforce or modify an order in Colorado, the order has to be registered here but depending on the facts, the original state may still have jurisdiction.

1 Answer | Asked in Family Law for Colorado on
Q: My boyfriend was charged with DV for accidentally hitting my phone into my face, he was arrested anyway. What do I do?

It was absolutely an accident But he was arrested anyway. I was drunk and crying and they wouldn’t listen to me. He didn’t do anything wrong, he never has and never would hit me but they arrested him anyway. I’m going on Monday to try and talk to the judge is there anything more I can do?

Sean Maye
Sean Maye answered on Nov 25, 2020

You should speak with the DA assigned to the case, as well as the victim's rights advocate. They should know what you've written here. That said, what you've written here could get you in trouble, so I would advise not to post anything further online.

Separately, though,...
Read more »

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