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Colorado Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can my ex refuse to allow me to pick upour kids at the time that's stated in our parenting plan?

We have a current parenting plan that states I have my children every other weekend starting on Fridays at 5:00. My ex has filed a motion to restrict my parenting time alleging that he thinks the children are endangered due to my boyfriend breaking and entering while the children were here which is... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 27, 2023

You mention that your ex filed a motion to restrict your parenting time. If he did so, then there is an automatic injunction that suspends your parenting time until you both get in front of a judge. If he filed on January 20, then there should be a hearing date set by now. The Court has to hear... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Hello. Is there a way to block a child support modification since the mother refuses to allow me to see the children.

She requested a child support modification and it had nearly doubled. The mother has not allowed me to see the children nor communicate wirh me. She has left the state twice and I couldn't find them for years so how do I stop or block the child support modification? I have not received... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

The short answer is no, you can't block a child support modification because the other parent is denying you parenting time. Under Colorado law, the beginning and end of what child support and parenting time have to do with each other is in calculating the overnights.

That does not,...
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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can my ex wife use my name? Legally changed her name 2010. Harassing landlord to get me evicted due to custody issues.

My ex-wife moved to Nebraska at the end of 2021. My landlord notified me that she called using my last name to get information about my apartment and living arrangements. She absolutely insisted that they take pictures and invade my privacy. She was curious as to who all was on the lease. She also... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

If I am following your explanation correctly, you have been divorced for some time, and in 2010 your ex-wife changed her name so it was no longer the same as your last name. Her legal name is now, and has been for many years, her prior name.

If that is the case, then no, she cannot legally...
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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: What happens if my ex doesn't follow the separation agreement that is part of the final orders in our divorce decree?

In Colorado, my ex agreed in the separation agreement to pay me half of the mortgage since his name is on the house too. The separation agreement is part of the final orders of our divorce decree. Now he's saying he's not going to pay it. Isn't that a violation of a court order, and... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

If your final orders say that he is to pay 1/2 of the mortgage and he is not doing so, then yes, that is a violation of the orders. Yes, you can file a motion for contempt.

Remember that when you file contempt you need to be able to prove 4 main elements: 1) there was an order requiring...
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1 Answer | Asked in Estate Planning, Family Law and Child Custody for Colorado on
Q: When creating a will do I have the right to state that I don’t want my minor child around certain people till age 18

My child’s paternal grandmother is a addict and a child abuser and is not allowed around or alone with my child until he turns 18 preferably 21 years old

Rebecca Pescador
Rebecca Pescador
answered on Jan 25, 2023

The answer to this is essentially a 2 part answer.

First, yes, you absolutely have the right to express that in your Will. There is broad freedom to include things in your Will. That includes statements about who you prefer to finish raising your minor child, conditions around any...
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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: When having a person served papers do you have tp use a process server or sheriff.

My ex tried hand delivering papers to restrict my parenting time

Brock Richard Wood
Brock Richard Wood
answered on Jan 24, 2023

When serving process on a person in Colorado under Colorado Rule of Civil Procedure (C.R.C.P.) 4, any person who is a US citizen 18 years of age or older can be the process server. That person can be a private process server, a Sheriff's deputy, or even a friend or relative of the party to the... Read more »

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: After the CFI report has been filed, and the magistrate said supplemental/rebuttal report needs filed within 14 days…

Can i write a rebuttal report regarding all of the collateral contacts telling bold faced lies that I have proof of?

Brock Richard Wood
Brock Richard Wood
answered on Jan 23, 2023

You can always challenge the CFI's conclusions and recommendations if you believe that a third party told a lie to the CFI and the CFI relied on that lie in coming to a conclusion or recommendation in the CFI's report. If you are filing a rebuttal document, make sure to attach the... Read more »

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I’m in a custody case what form is it to get a default judgment order so I can have the other person drop from case.

She was served it’s been 96 days and she still hasn’t filed a response nor any paper work. However she has been to the first meeting and mediation. But haven’t file parenting plan a response sworn financial statement nothing. So I want her to be dropped from the case if that’s possible

Brock Richard Wood
Brock Richard Wood
answered on Jan 23, 2023

In Colorado, you can ask the court to set a "default judgment hearing" if the other side just goes "radio silent" like this. At a default judgment hearing, the other side may be limited in the evidence they can put before the judge because the other side has not complied with... Read more »

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: When the petitioner needs to change the venue for child custody jurisdiction, does the petitioner need to be re served?

How will the respondent know the jurisdiction is changed?

Sabra M. Janko
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answered on Jan 22, 2023

It depends. Venue can only be changed under certain circumstances. Usually an action has to be filed in the county where the Respondent resides.

The other party has to be notified of every document filed in a case.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: When changing a venue for child custody, does the petioner have to have the respondent re-served?

Does a venue change have to occur or is just an option for a custody case for a child under 6

Brock Richard Wood
Brock Richard Wood
answered on Jan 21, 2023

In Colorado, a child custody case (known as an "allocation of parental responsibilities" case) is filed in the county in which the child resides or where the child is found. See Section 14-10-123, Colorado Revised Statutes (C.R.S.):

"(1) A proceeding concerning the...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Colorado on
Q: Who is responsible for spousal debt after death in COlorado?

My father passed away and most of his debt is in his name only. There was no will and the only evidence I have is my mom listed as the beneficiary for both his life insurance and retirement plan. Is that money safe or can creditors take from there? What about their house, is that at stake with... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Jan 16, 2023

Allot of this really depends. If I recall, If the debt is solely in your father’s name, I would think his estate would be liable for the debt. If the debt was in both your mother and father’s name, then you mother could be jointly liable. If the debt was attached to a security interest such as... Read more »

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How is a single parent father able to terminate mother parent-child relationship? I have Sole Physical & Legal custody.

My son has a half sister, her father was able to do a termination of mother’s parent-child relationship with a step adoption. I have more than enough substantial evidence to prove mother is an unfit parent. This custody battle has gone on 6-1/2 yrs as long as our son has be alive. Mother... Read more »

Sabra M. Janko
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answered on Jan 5, 2023

One parent can't terminate another parent's rights. The step-parent adoption process is an exception. If there is a step-parent willing to adopt and the court decides that is in the parents best interests, then a step-parent can adopt. Parental rights are terminated through the dependency... Read more »

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How much would it be to hire a lawyer for court one time to fight an emergency custody order?
Brock Richard Wood
Brock Richard Wood
answered on Jan 1, 2023

Hello. You should consult with an experienced Family Law attorney and give him/her the facts in your case. Then ask the lawyer what sort of representation assistance the attorney can provide and how much it would cost.

In general, however, under the Colorado attorney ethics rules and...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: How does custody work when your child is only 15 months old and can't voice any kind of personal parental preference?

I am still currently married to my wife and we have a 15 month old daughter that we both love dearly and want the best for, but I am at my breaking point in regards to my relationship with my wife. She is not the woman I married and I fear that staying married to her will not only keep me... Read more »

Brock Richard Wood
Brock Richard Wood
answered on Jan 1, 2023

Hi, James. I am sorry to hear about your unhappiness. Hang in there.

The question you ask is "How does custody work when your child is only 15 months old". The age of the child is a factor that the courts in Colorado consider when allocating "parental...
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1 Answer | Asked in Family Law for Colorado on
Q: How long do you have to file a signed mediation agreement

If family court ordered mediation and the mediator only filed the form stating mediation was complete and the co-petitioner will be responsible for filing the signed agreement, is there a certain time frame that agreement needs to be filed in before the courts will no longer accept the request to... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Dec 28, 2022

There is not a specific time frame after which the court will not accept the signed mediation agreement and approve it. That is a matter of the judge's own discretion. Different judges choose to handle that situation differently. The judge is aware that this is unresolved on their docket.... Read more »

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Can I be in legal trouble for taking my 6 year old daughter by her dad's house to get her own things?

There is not/never has been a restraining order upon me. The house is owned by his girlfriend. We have a mediated agreement in place for the parenting plan that simply designates a dropoff spot. We had just been at that spot, when she said she forgot her stuff. I tried to flag him down, texted... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Dec 28, 2022

From your description of the facts, it seems unlikely that the judge will find you did anything wrong. You attempted to contact him to resolve it. When you went to the house, an adult who resides there let your daughter in, she got her things, and you left. From your description, there was no... Read more »

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1 Answer | Asked in Criminal Law and Family Law for Colorado on
Q: Can I get in trouble for having my child around a family member who is on the sex offender registry

This person is my brother-in-law. Just out of prison for his offense. I don't believe my daughter is in any danger but I am curious if I can get in trouble if he shows up to family dinner while we are there.

Rebecca Pescador
Rebecca Pescador
answered on Dec 28, 2022

My first thought is that your brother-in-law is possibly taking a huge risk to be around any child if he's just out for his offense. He should review all of the restrictions he is under and make sure he's not putting himself at risk. If he is restricted from being around children, he... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: looking for answers on what i can and cannot do family court wise without an id (underage parent)

father lives seperate. fathers mother has threatened to take son. father barely sees son. father is emotionally and verbally abusive to me. father was barely involved even when living full time with son.

Rebecca Pescador
Rebecca Pescador
answered on Dec 28, 2022

An underage parent needs a parent/legal guardian to join in the case with them for an allocation of parental responsibilities (APR) case to determine parenting time and decision making. The only exception would be if the underage parent was determined to be emancipated.

The underage...
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1 Answer | Asked in Family Law for Colorado on
Q: From Denver, CO; adult daughter: drug addict/mental health issues. need Court Order. Steps? Cost?

Tried to admit her to the hospital; Behavioral Health for evaluation but she refuses!! Told that I need to get a Court Order because she is an adult. She is seeing things; talking to someone that isn't there; acting like she's taking care of her kids which do not live with us. Yesterday... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Dec 28, 2022

I am very sorry that you are going through this.

It can be very difficult to acquire a court order over an adult. I'm not clear on what you want to accomplish with the court order. A guardianship would give you some authority over her, in terms of things like medical decisions and...
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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Hello, I am currently trying to get my daughter back who is with her paternal grandmother in Florida.

She has been with her for a few years in Florida but she recently came to stay with me over the summer until September. Her grandmother has temporary custody of her (in FL) but there is still a shared customer order in Colorado between her father and I. Her father is not in the picture but she... Read more »

Sabra M. Janko
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Sabra M. Janko PRO label
answered on Dec 27, 2022

Based on what you are saying, there appear to be conflicting orders. It would be necessary to review the orders before anyone could provide information on how the potential conflict might be resolved.

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