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Colorado Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: My ex-girlfriend refuses to let me see my child and has blocked all forms of communication.

My daughter will be a year old in February and I haven’t even met her because my ex has blocked all forms of communication. I was in the army when we found out we were pregnant and then unfortunately when she found out I was being medically discharge she broke it off and move back with her... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 13, 2020

YOU HAVE THE RIGHT IDEA. FILING A PATERNITY SUIT WILL ENABLE YOU TO ESTABLISH A PARENT - CHILD RELATIONSHIP. YOU MAY OBTAIN CERTAIN VISITATION RIGHTS IF THAT IS IN THE BEST INTERESTS OF THE CHILD. UNDERSTAND THAT THIS MAY ALSO RESULT IN A CHILD SUPPORT OBLIGATION BEING ESTABLISHED AGAINST YOU. YOU... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I filed for contempt with my ex for failure to return our daughter after his parenting time.

He lives out of state and we are each to drive 6 hours to meet halfway. He wrote via email that he was intentionally not returning her 12 hrs before the exchange. I still drove the 6 hours to find out he didn’t show. He was served the order to show cause for our hearing on Jan 13 back in... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 8, 2020

Without knowing all the facts of your case, here are my thoughts:

1. You should respond to the motion. If you do not, the court may grant it automatically.

2. It is up to the court re if he can testify by phone. It is reasonable to expect him to have to appear in person.

3....
Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Small Claims for Colorado on
Q: I was divorced in Iowa in 2017 and recently moved to Colorado with my 13 year old daughter. My Iowa attorney is not

Following through with the contempt charges on my ex for his multiple violations of the divorce decree. He has not been responding to my messages or those from opposing council, regarding papers served to me requesting a modification in custody. I tried to meet with him while I was in Iowa last... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 6, 2020

Assuming your case is still in Iowa, you should get an attorney there. A new attorney is going to have to spend some time reviewing the prior filings. However, it may not be necessary to read every one. It depends on whether the old filings have anything to do with the current issues. However, some... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: My wife isnt getting her court ordered visits with her daughter.

My wife has a 3 year old daughter from a previous relationship that, due to her history with drugs, has lost her parental rights and they were allocated to the paternal grandmother. In the final orders from the court she is supposed to get 2 supervised visits for 2 hours each every week with her... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Dec 30, 2019

Your options are to comply with the existing orders or seek modification of those orders. It seems the order is for a visitation center unless there is an agreed-upon third party supervisor. Since there is no such agreement, you need to use a visitation center. If that is not practicable, you can... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: I am having a custody and child support issue with my ex-wife. She engages in malicious parenting syndrome. Can you help

Filed for arrears falsely. Keeps my daughter and son from me for no reason.

John Hyland Barrett III
John Hyland Barrett III answered on Dec 17, 2019

I do not know what you mean by "malicious parenting syndrome". However, you may be able to defend the claim for arrears if she in fact filed for it falsely. You can also insist on compliance with the Parenting Plan so she does not withhold the children. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Court says that I pay for 1/2 of our sons’ sports but ex wife put them under her fiancé’s last name. Do I still have to?

Court order parenting plan says I will pay half for sports but she is registering them under his last name. I feel that if she’s not using their legal last name I shouldn’t be required to help other than child support.

John Hyland Barrett III
John Hyland Barrett III answered on Dec 11, 2019

You need to obey the court order. By your description, you are to pay 1/2. You may be able to address the problem by advising the team of your son's actual last name.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: The mother of my brothers child is withholding his daughter from him until he signs custody papers. W

We’re in Colorado, Colorado doesn’t have “custody” laws but calls it “parental responsibility.” He used to live with them for years and years. In and out. Now, that my brother is in a new relationship his baby mom has become very on edge. She has told his girl friend that she’s the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 29, 2019

If he would like parenting time, then he can file an action for Allocation of Parental Responsibilities with a district court. This will allow a court order to issue that will set forth the responsibilities and parenting time and allow him to enforce the order if she does not comply.

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1 Answer | Asked in Family Law for Colorado on
Q: The father of my child has not been complying with the parenting plan we agreed to can I apply for abandon?

He also don’t help with our child’s living costs there is no child support put in place either

John Hyland Barrett III
John Hyland Barrett III answered on Nov 27, 2019

There is not really such a thing as "applying for abandonment". You may be able to request a modification of the parenting plan or change in child support. You should consult with a lawyer about this.

1 Answer | Asked in Family Law and Animal / Dog Law for Colorado on
Q: In colorado, if my husband and I are married, can I disburse of a pet without his consent?

We aren't getting divorced, just going through a rough time.

Kristina M. Bergsten
Kristina M. Bergsten answered on Nov 19, 2019

It depends on who owns the pet. If you own it, you can do whatever you want with it. If he owns it, you need his consent. If you own it jointly, you need his consent.

2 Answers | Asked in Family Law for Colorado on
Q: My daughter is going to be served with paternity case. She has always maintained this man is not the father.

Is it worth trying to fight this in court. She was and still is married to another man at the time but has no contact with him do to a protective order she obtained three years ago

John Hyland Barrett III
John Hyland Barrett III answered on Nov 18, 2019

There is a legal presumption that the husband is the father. This can prevail even if another man is the biological father- if the court finds that it is appropriate to name the husband as the legal father.

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1 Answer | Asked in Family Law for Colorado on
Q: In Texas,they stopped paying on principle,over a year and a half ago they say all money's go to interest theyputww

Is that legal I was told all money's go to principal first

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

You will have to provide more information before anyone can answer your question. For example, who stopped paying interest on what?

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.

2 Answers | 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.

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2 Answers | 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.

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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.

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