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Colorado Family Law Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: When are parents too far apart to share joint physical custody of a child?

As in: geographic proximity, pursuant to best interest factors set forth in CRS: 14-10-124

Sabra M. Janko
Sabra M. Janko answered on Nov 12, 2019

There is no "bright line" rule. It depends on the circumstances. Generally shared parenting may not work well for children whose parent's live in different school districts. While time with both parents is important, it is not beneficial to children to spend a large amount of time driving between... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: My child is afraid to go back to mother's place because the step father is abusive. How do I legally keep my child safe?

My child is having panic attacks, and ever Incresing anxiety when having to return to mother. Step father is verbally abusive to my child and verbally and physically abusive to his own kids.

I have my weekend visitation now and would like to legally keep the child with me so they can be... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 12, 2019

You could potentially file for an emergency restriction of parenting time depending on your evidence. If you believe based on credible evidence that abuse is occurring you can also make a report to the Department of Human Services.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex filed a motion to modify parenting time for 5 year old and wants 50/50, week on/week off. How can I prevent this?

We attended mediation and weren't able to resolve anything because I feel strongly that more time with his father would not be in our son's best interest (he is an admitted abuser and alcoholic). Since then, I have found another 50/50 plan that I would consider trying, but he won't hear it because... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 7, 2019

In a case like this, you should consider requesting appointment of a CFI (Child and Family investigator) or a PRE (Parental Responsibility Evaluator). That person can do an evaluation of both parties and the child and prepare a report for the judge. Also, you should get a lawyer to help you with... Read more »

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1 Answer | Asked in Family Law for Colorado on
Q: My wife moved from California where I live, to Colorado with our son and now wants a divorced. What can I do?
John Hyland Barrett III
John Hyland Barrett III answered on Nov 5, 2019

You should get a lawyer here in Colorado to review your situation and advise you how best to proceed.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can I file for full custody if I don't know were ex is? What is the process to change/modify existing orders?

Ex has not seen or spoken to kids in 7 years, over $60,000 behind CS, never sent anything to kids and left CO years ago. He was supposed to go back to court to have 50% cust. after completing certain task, but never did. I have made every decision and full care/support for our kids since the... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 4, 2019

You can ask the court to grant you sole decision making and parenting time(custody). This needs to be by filing a motion to modify the existing orders. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Colorado on
Q: Is it possible to get an emergency custody court order?

My ex-husband was recently arrested. His mother (my child’s grandmother) took her and refuses to give her to me. Since I don’t have a custody court order I cannot get her back. I am at loss for what to do. Is it possible to get an emergency custody court order?

John Hyland Barrett III
John Hyland Barrett III answered on Nov 4, 2019

You can request the court grant you custody on an emergency basis. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law for Colorado on
Q: Is it advisable to file contempt of court on my exwife?

I Was detained by law enforcement. During that time I allowed my ex-wifes parents to take the kids. I was not arrested or charged for anything. I have primary parenting rights for our children. She kept the children and filed a temporary restraining order and the very next day she filed a motion... Read more »

Sabra M. Janko
Sabra M. Janko answered on Oct 26, 2019

It depends. An attorney would have to see the parenting plan and also determine whether your detention would have created grounds for an emergency change in parenting. Your situation is complex and your questions can not be answered based just on the limited information provided here.

1 Answer | Asked in Family Law and Probate for Colorado on
Q: my surviving brother did not include me in the probate process when our younger brother passed away.... this was in 99'

Over the years he refuses to allow me to see the autopsy results. Also this same brother masterminded a banking fraud with the brother that passed away, when our mother had passed away in 1992, he included my mothers landlady in this.... they forged and cashed a check from my mothers account at her... Read more »

Sabra M. Janko
Sabra M. Janko answered on Oct 26, 2019

It really depends on what the will provided for and whether he violated any fiduciary duties. An attorney would have to see the will to advise you.

1 Answer | Asked in Family Law for Colorado on
Q: Can the executor of an estate write letter to one of the people named in the will and ask them to forfeit their share

So she can pay off her house and if she dies then my friend will get get 10% of the will!

Sabra M. Janko
Sabra M. Janko answered on Oct 26, 2019

Anybody can ask anyone if they are willing to negotiate, however negotiation is not necessary if not desired.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: What Colorado case law determines Military Service Connected Injury Compensation to Be Employment Gross Income?
Sabra M. Janko
Sabra M. Janko answered on Oct 23, 2019

Disability compensation is gross income for purposes of support, though not divisible as a property settlement. This has been considered by many state courts but also the U.S. Supreme Court. You should consult with an attorney familiar with the military as there are a lot of unique aspects of... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I've had my niece here with me in Denver Colorado since August 25 2019

I've had my niece here in Denver Colorado since August 25 2019. Her mother (my younger sister) had wrote on a piece of paper saying she has given me temporary guardianship

but hasn't bothered to call or text and see how she's doing since me having her. I honestly don't think my niece will... Read more »

Sabra M. Janko
Sabra M. Janko answered on Oct 23, 2019

The Court will only give a family member custody over the wishes of the parent if the child is endangered. However, you could ask your sister to consent to a longer period of guardianship and it could be formalized through the courts. The state where the child has been living for the last six... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can I file a motion to restrict or something if my ex is refusing to take our 3 year old to preschool and our MOU states

I am decision maker, I enrolled her in school, he was on board but now finds it inconvenient to take her and pick her up.

Sabra M. Janko
Sabra M. Janko answered on Oct 15, 2019

Your options depend on whether the MOU was issued as a court order and if the agreement required your ex to pick up and drop off your child at school. You can modify a MOU if you find that it does not meet your needs. If it has been issued as a court order, you can stipulate to a modification.

2 Answers | Asked in Family Law for Colorado on
Q: Currently charged with DV which is not settled yet. My wife and I have agreed upon a fair sharing time, which include

Over night stays, of our 3 year old daughter. We’ve been on this schedule for a few weeks now. My question is if I file for a legal separation and my wife still agrees to this fair sharing time will a CFI still be required? If CFI not required could the courts decide on a different sharing time... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 14, 2019

You are not required to have a CFI. You don't need one if you have a parenting agreement. The court may impose a different agreement but usually will accept whatever the parties agree to, unless the court finds that the agreement is not in the best interests of the child.

however, be aware...
Read more »

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1 Answer | Asked in Family Law for Colorado on
Q: My daughter lives in CO and wants to end the relationship with her baby daddy of 10 years and move home to AZ with their

2 boys. Is this allowed per CO law. He is telling her she will not leave state with the boys. They have lived together most of the 10 years.

John Hyland Barrett III
John Hyland Barrett III answered on Sep 20, 2019

Once a custody case has been filed, there is an automatic injunction which prohibits both parties from removing the children from the state without permission of the other party or the court. The court will need a good reason to permit removal from the state. Your daughter should get a lawyer to... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Colorado on
Q: False numbers were turned in and my attorney didn’t show up. I was told not to show up.

So 1 year ago my ex was ordered to pay me 115$ a month in child support. Long story short.

#1: amendment filed 24 hours later. My attorney made no contact with me after that until 6 months later. Last e-mail was her saying you don’t have to be here.

#2: I live in Denver, my ex... Read more »

Sabra M. Janko
Sabra M. Janko answered on Sep 17, 2019

Generally motions for child support are effective as of their filing date and are not retroactive. There is an exception for an agreed upon parenting time change. Child support is the right of the child so you will not receive an order that does not require you to support your children. You should... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: Would I be able to sue the department of social services in alamosa county?

I have an open case with the department of social services here in alamosa co. They took my children from me on August 29th 2018. I'm still not sure exactly why my kids were taken from me. I have just recently found out that my nine year old son has been diagnosed with rheumatic fever.

Sabra M. Janko
Sabra M. Janko answered on Sep 17, 2019

I am sorry to hear about your situation. Social services should tell you why they took your children. You can contact them to find out. If they were concerned for the children's safety and removed them for that reason, unless they did not have a sufficient basis for the determination a lawsuit... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: Ex-spouse recently filed a Motion to Modify Child Support and Parenting Time.

Previous mediation agreement filed with county 18 months ago. No significant income changes, although decreased parenting time on my side. Make support payments every month, yet constantly harassed/threatened with court action. I've done all the right things, by law, what is a good course of... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 16, 2019

You need to respond to the motion within 21 days of it's filing. Your reduced parenting time may be a basis for an increase in child support. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law for Colorado on
Q: Can a person be personal rep knowing that their position as such will benefit them & their family?
John Hyland Barrett III
John Hyland Barrett III answered on Sep 16, 2019

There is a priority list to decide who becomes the PR. The PR has an obligation to administer the estate in accordance with the law. You should get an attorney if you have concerns about this.

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Colorado on
Q: My child was being sexually abused while in the care of daycare. Can I sue the daycare?

My child was being sexually abused by another child.

Gary Kollin
Gary Kollin answered on Sep 9, 2019

There are issues of liability which you should discuss with a lawyer you consult directly

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Am going through a divorce in Colorado, and been paying child support for the last year does she have to report it?

It would be for the financial affidavit, she receives $1000 a month from me but reports only receiving 300 from “support”. They filed this on May 30th 2019 and I haven’t received anything until I was called and told verbally by her attorney today Aug. 31 2019. Feeling lost as to what to do... Read more »

Sabra M. Janko
Sabra M. Janko answered on Sep 1, 2019

It sounds like you may be paying child support arrears. She would report the regular child support amount, however would not necessarily include arrears payments because that is not part of the regular child support amount.

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