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Colorado Family Law Questions & Answers
1 Answer | Asked in Adoption and Family Law for Colorado on
Q: What all do I need to file to contest an adoption in Colorado?
Rebecca Pescador
Rebecca Pescador
answered on May 20, 2023

As you have stated it, it is impossible to answer this question.

That will depend on whether the adoption has been completed or not first. If it has, then it depends on how long ago it was completed to determine whether you even still can appeal it.

If it has not been completed,...
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1 Answer | Asked in Contracts, Estate Planning, Family Law and Probate for Colorado on
Q: Can I file a case against my sister who abused her POA if she lives in another state?

My mother who had ALzheimer gave my sister POA and 14 months before she died, my sister made herself beneficiary on my mother bank accounts.. They lived in Ohio and I live in Colorado. Bank accounts are not part of the probate. Bank will not give me my mother's account history because, pretty... Read more »

Rebecca Pescador
Rebecca Pescador
answered on May 20, 2023

It sounds like you will need to pursue this in Ohio. Jurisdiction attaches where the person who passed away lived when they died. Since your mother did not live in Colorado when she died, Colorado would not have jurisdiction over this matter, so you could not purse this here.

Generally...
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1 Answer | Asked in Family Law and Arbitration / Mediation Law for Colorado on
Q: What to do after no response from respondent and not attending mediation

I am the petitioner and the mother. I filed 56 days ago and the respondent was ordered to respond within 21 days. He has not responded and has not made and mandatory disclosures but did attend the initial status conference where they ordered us to mediation. It was ordered to schedule mediation... Read more »

Steven  Visser
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Steven Visser
answered on May 16, 2023

I would suggest asking the mediator to file a certificate with the Court indicating that you attempted to schedule the mediation and paid your portion of the fees. If that does not occur, then I would file a status report with the Court stating everything you have done up to this point. Regarding... Read more »

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: What happens with the extra money child support takes from your checks when you're paid an 3rd check that month?

If you are ordered to pay $500 in child support and they garnish your checks $250 biweekly to pay it occasionally you get a 3rd check a month and they garnish that one too. That brings you to paying $750 that month. What happens to that extra money and is it even legal to take more than the court... Read more »

Rebecca Pescador
Rebecca Pescador
answered on May 20, 2023

The best way to get a clear answer is to talk to Child Support Enforcement. They can tell you what is going on there. If there are arrears owed, that would be one explanation. Start there.

Usually, when child support is garnished, those extra weeks are calculated into it so that the same...
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Would a finalized, sealed divorce decree in CO affect me getting married?

My Fiancé and I are both former military, and my Fiancé told me we have to wait to get our marriage license because their divorce decree was sealed. From my basic knowledge, as long as it is finalized, you're allowed to be able to remarry, so it being sealed should have no bearing on us... Read more »

Christopher N. Little
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Christopher N. Little
answered on Apr 24, 2023

You ask a very interesting question, I would be happy to weigh in.

It sounds like your fiance was previously married and a party to an action to dissolve that marriage. The act of sealing an order of the Court does not usually have an impact on its legal weight. That means that the document...
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3 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Colorado on
Q: I got offered a buyout amount for a jointly-owned condo in Estes Park Colorado, I was wondering if it is fair and just.

The value of the property is $395,000 In the amount owed is $330,000 and the net value equity is $65,000 and the outstanding debt is 20000 and the down payment was 12,000 which was paid in full by my wife and they are offering me 5,000 for to buy me out and they offering me a chance for me to not... Read more »

Michael Joseph Larranaga
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answered on Apr 21, 2023

Good morning,

I think this is better posed as a math question. There are allot of factors to this question that are not shown here including your risk tolerance, the cost to sell the house, the real FMV. I would think 1st you would need to establish if there is a presumption that you are...
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1 Answer | Asked in Adoption, Family Law, Civil Rights and Juvenile Law for Colorado on
Q: IS THERE AN ACTUAL ATTORNEY WHO WILL REPRESENT THE PARENT AGAINST CHILD PROTECTIVE SERVICES?

What is the real true reason that lawyers won’t take on Child Protective service cases? Every parent I’ve spoken with had nothing but grief with the court appointed lawyer. With mounds of evidence that CPS falsified manipulated coerced and lied just to remove new born baby at birth and... Read more »

John Michael Frick
John Michael Frick
answered on Apr 12, 2023

Having represented parents in CPS cases earlier in my career, it is my opinion that the real true reason is such clients frequently do not pay the attorneys for their services.

Like other significant litigation, CPS cases require a lawyer to spend a great deal of time, including time...
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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Colorado on
Q: What is a reasonable time for one parent to submit receipts/statements to request reimbursement for extraordinary expens

There is an order for reimbursement within 30 days, yet other parent waits up to 1 1/2 years to submit receipts for repayment for child's medical care. What, if any, is an actual and acceptable time frame? Not to mention multiple duplicate statements with no proof of payment or prior conferral.

Christopher N. Little
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Christopher N. Little
answered on Apr 8, 2023

Hi There!

I am sorry to hear that you are going through this. I know that co-parenting with an ex can be difficult, and the financial relationship that you two now share is oftentimes wrought with strife, frustration, and consternation. Assuming that your Orders (the parenting plan and the...
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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does a qdro need to be done before a judge signs a divorce decree in Colorado?
Christopher N. Little
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Christopher N. Little
answered on Apr 3, 2023

Good Afternoon,

You ask a great question! In most cases, there is no statutory prerequisite concerning QDRO's that have to be met in order for the Court to enter a Dissolution of Decree of Marriage. Many times, a Separation Agreement (the agreement that details the manner and methods...
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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Does a qdro need to be done before a judge signs a divorce decree in Colorado?
Will Ellison
Will Ellison pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2023

No, a QDRO does not need to be drafted and filed before the Decree is signed by the Judge.

It is possible you could file it with the other settlement documents, but it is not typical in most cases. The language included in QDROs often includes reference to the date the decree issued, so it...
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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: We have a parenting plan but can he make me go to Arvada to get my daughter???

We've been having issues we have 50/50 custody and due to all the drama last week I made him meet me at the police station not even 5 minutes away from where we're supposed to meet for the parenting plan but now he's telling me he's going to make me go all the way to Arvada... Read more »

Steven  Visser
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Steven Visser
answered on Mar 30, 2023

If I am understanding your situation, you have a parenting plan with a designated location for exchanging the child(ren). Neither parent should "make" the other meet at a different location unless it is agreed upon, preferably in writing. Parenting time exchanges should also be free... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: In Colorado .. a civil protection order dismissed "without prejudice " can it be motioned to change to "with prejudice"
Steven  Visser
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Steven Visser
answered on Mar 15, 2023

In general no, once a civil protection order is dismissed "without prejudice", then the case is closed in the court system. Without prejudice means that the party who filed the civil protection order can refile it at a later time; however, it is worth noting that most courts would want... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: Can a mother win a trial for D&N case if she is the offending parent of a newborn? While fighting an open case.?

New baby with new father new case while separate case open with older child set for APR hearing.

Rebecca Pescador
Rebecca Pescador
answered on Mar 13, 2023

I don't think anyone can give you the reassurance you appear to be looking for. Mostly, you're asking us to predict the future.

Is it possible? If all of the facts align correctly, if the Judge sees it from your perspective. Yes, it's technically possible....
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Family Law for Colorado on
Q: Are there lawyers who will work on a contingency basis for civil rights violations in DNN cases file suits to go supreme

I need lawyers to help defend violations of civil rights by human services case workers judges and lawyers and commit extortion harassment discrimination and retaliation guilty of kidnapping disabled child and social worker purges herself on the stand during a contested hearing of treatment plan... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

Yes, there are lawyers who work on a contingency basis for civil rights violations, including cases involving violations by human services case workers, judges, and lawyers. These lawyers typically work on a contingency fee basis, meaning that they do not charge any upfront fees and instead take a... Read more »

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: If a parent can’t make it to every appointment, can they ask a step parent to go in their place?
Rebecca Pescador
Rebecca Pescador
answered on Mar 9, 2023

Since you're asking, I'm guessing that perhaps the relationship with the child's other parent is not particularly cordial. So my first recommendation is read your Orders to see if there is any restriction. Sometimes, there is a restriction in the Order, usually if there has been... Read more »

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: when a parent decided to move out of state leaving child with the other parent does there have to be a full 80/20 split

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Rebecca Pescador
Rebecca Pescador
answered on Mar 9, 2023

As Ms. Janko noted, child support is going to have no bearing on the division of parenting time. The one and only time under Colorado law that they have any bearing on each other is when child support is calculated, the parenting time (specifically the number of overnights) is part of the formula.... Read more »

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1 Answer | Asked in Civil Litigation, Family Law, Child Custody and Civil Rights for Colorado on
Q: What is considered a sufficient (minimum) amount of time to be given a notice of a family court hearing In hours or day?

So if a opposing party would intentionally show up at my house with the objective to get me arrested for a warrent that was granted off of false information. Then after finally being released from jail 8 days later I would receive a letter via USPS about a hearing to restrict my parenting time... Read more »

Rebecca Pescador
Rebecca Pescador
answered on Mar 8, 2023

This question is impossible to answer without more information. Generally, the notice must be "reasonable". Many factors can go into whether it is "reasonable" or not though. In some circumstances it may be "reasonable" to expect parties to appear at a hearing... Read more »

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: What is the legal term when a parent gets a quick/rushed custody order, as the child is in danger with the other parent
Jeremy Monckton
Jeremy Monckton
answered on Mar 7, 2023

A motion to restrict parenting time is brought pursuant to C.R.S. 14-10-129(4), and is an emergency motion asking the court to prohibit all unsupervised parenting time with the children by the other parent because the children are in imminent danger of physical or emotional harm with that parent.... Read more »

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1 Answer | Asked in Child Support and Family Law for Colorado on
Q: Is it true that in co they lifted all retrictions on driver license when revoked for child support or delinquent fines a
Steven  Visser
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Steven Visser
answered on Mar 3, 2023

While Colorado may lift restrictions on someone's driver's license for failing to register their vehicle, failing to pay traffic related fines, and certain criminal offenses, your driver's license can still be suspended for failing to pay child support. This is pursuant to C.R.S. §... Read more »

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: Are daycare expenses expected to come out of a child support payment in Colorado?

My ex is asking for extra money to pay for daycare fees. I am already paying child support. Am I expected to pay for half the daycare expenses too? My child is in the state of Colorado

Sabra M. Janko
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answered on Mar 2, 2023

Generally childcare is included in the child support order. If it is, it is part of the order. If you are ordered to reimburse, then you have to reimburse. If the court has not ordered it, statute requires it, however a court would have to enforce the statute.

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