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Colorado Family Law Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: My wife filed for divorce and is refusing to let me see our 11 year old son. Yesterday after I emailed her if we could

sit down and come to a fair and agreeable parenting schedule, she filed a restraining order against me, essentially eliminating any contact with my son. The court date for the protective order is Oct. 8.

What options are available to have this bogus order lifted prior to the Oct. 8 court... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 22, 2020

It is probably not possible to get it lifted before the hearing. You need to be prepared for the hearing and should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: If my daughter gets her GED and moves in with me, do I still pay her father child support?

My daughters father had her get her GED about a year ago at age 17 instead of letting her finish high school. She moved in with me in April and turned 18 in June. My check is still being garnished to pay child support. What should or can I do?

John Hyland Barrett III
John Hyland Barrett III answered on Sep 22, 2020

Child support is payable until age 19. You can file a motion to modify support based on her change of residence. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can I obtain child custody jurisdiction under the UCCJEAA when ex-spouse is military?

The non-custodial parent is a military service member who's home of record is where the initial custody case was determined. However, they have not lived in that state since 2016. Custodial parent and child have relocated to another state. Neither party physically live in original state. Can... Read more »

Cindy Perusse
Cindy Perusse answered on Aug 25, 2020

Under the UCCJEA, the court that originally issued the custody order keeps jurisdiction over the case unless: 1. all parties no longer reside in the issuing state 2. the issuing state finds that the parties no longer have a connection with the state and evidence for the case no longer available in... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: i have tried to get legel aid to respond to my request for help in custoy case for my son. no one has call

what should i do, court is on the 24th of aug.

Cindy Perusse
Cindy Perusse answered on Aug 20, 2020

Go to the hearing and do your best to tell your side of the story. If you don't go the other person could get everything they ask for.

1 Answer | Asked in Family Law for Colorado on
Q: My son is visiting me in Colorado his mom said he could stay now she wants him at home with her in Georgia he’s 16 year

Old will be 17 in December saying if he go home he will run away will I be in trouble if he stays with me

John Hyland Barrett III
John Hyland Barrett III answered on Aug 17, 2020

You need to obey the existing custody order. If you feel that order is not in your son's best interest, you need to file a motion to modify it. You should confer with a lawyer about this.

1 Answer | Asked in Family Law for Colorado on
Q: If the parenting plan states the father will come from out of state every weekend to see his child, but fails to do so

And then requests for his parents to take the child every single time for his parenting time for over a year, but they refuse to help with his education and co parenting, is the mother obligated to continue to drop the child off to the grandparents for the fathers parenting time?

Cindy Perusse
Cindy Perusse answered on Aug 12, 2020

The court ordered parenting time governs what you and the father are to be doing. If you tried to accommodate dad and grandparents then that's fine. But if that arrangement is no longer working then go back to the schedule of the parenting time order. If Dad isn't using his parenting... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: What form do I need to fill out for spousal allowance?

The only real property other than the home is a car that my husband put in both his and son's name in an attempt to protect from creditors. He did this without any guidance and was completely wrong about it. His son is trying to take the car, which is the only thing I have to provide... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Aug 7, 2020

You can ask for maintenance in the Petition or the Response. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: How do I file a motion based off this bill to see if I can get my daughter back. She has been in the system since 2012.

Rights we're terminated in 2015/2016 I believe. And she is still not been adopted. Given back to state 3 times. I have bettered myself got sober and regained custody of 2 other children. I don't have money for lawyer and I would like to try to file papers on my own. She is in custody of... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 7, 2020

You would have to contact the Department of Human Services given that your rights have been terminated. They could initiate an action on your behalf if the determine that you have taken the steps that you need to parent effectively.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: My sister has custody of my child (8) and my child has expressed that she wants to live with me. How can I go about

honoring my childs wishes? Without having to make it hard on my child?

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

This would need to be approved by the court which granted custody to your sister. How this may happen may depend on exactly why she was granted custody. You should get a lawyer to help you with this.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is an rv parked in a walmart parking lot an appropriate housing arrangement for a father/daughter (6) to live?

My ex moved from an apartment into an RV with only one bedroom parked in walmart parking lot. I feel as if this is an unsuitable living situation for my 6 y/o daughter. He currently has weekend overnights court ordered but I do not feel as if the RV is a safe place for her to stay. If I do not... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 3, 2020

You should file a motion to modify if you are concerned about accommodations, though you risk violation of the order if you do not comply for reasons less than endangerment. Though weekend parenting time in an RV is not ideal when not for the purpose of camping, that alone does not constitute... Read more »

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Colorado on
Q: can a parent take kids away when a custody agreement is in place when there is a non felony court date

This weekend was his visitation and he decided to keep my daughters when we have a custody agreement in place, i was not notified of anything until i contacted him waiting for my daughters to show at the arranged spot and he waited 45 min or more to message me after i texted and sent message over... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 28, 2020

It is not entirely clear what happened however if there is an issue of child abuse on your part there are situations where you could be prevented from contact with the children.

2 Answers | Asked in Family Law for Colorado on
Q: Can a reply be filed to court if i received "petitioner's response to motion concerning parenting time disputes"?

Petitioner's lawyer also filed "order:re response to the motion parenting time dispute" with boxes for district court judge to sign basically ask for lawyer fee when i don't have a lawyer. How should i respond to this "order:re"/ can i respond to oppose it?

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

You have 7 days to file a reply and the other party is represented, you should be represented as well.

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1 Answer | Asked in Child Custody, Education Law, Family Law and Public Benefits for Colorado on
Q: When I am of legal age in the state of Colorado (18) do my guardians have any control over the location of my education
Sabra M. Janko
Sabra M. Janko answered on Jul 25, 2020

It depends on the nature of the guardianship and what it provides for. Usually those past the age of 18 do not have guardians.

1 Answer | Asked in Libel & Slander, Family Law and Civil Rights for Colorado on
Q: For the last year I have been dealing with my boyfriend’s ex. I have dealt with defamation and lies she makes up on

social media. She constantly makes various profiles to try and contact me and has added my friends and family. Over the last year she has sent people to break my car windows on 4 separate occasions, yet the police say that the video footage is not enough to connect the vandalism to her. I would... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 16, 2020

It depends on the nature of the communications. As for the photos, you would have to connect her to the damage somehow.

1 Answer | Asked in Divorce, Employment Law, Estate Planning and Family Law for Colorado on
Q: If I have to take a lower paying job to be close to my children will the court see this as under-employment?

My ex insists on living in a rural community where there are zero job opportunities for my career. To continue to work in my career I have to live in NYC. My children are suffering in bad schools full of high-school drop outs, getting into drugs and lots a bad stuff. I need to be with them and... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 16, 2020

This is something that is within the discretion of a Judge so will depend on the evidentiary presentation.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: what can I do to protect my relationship with my daughter?

my 11 yo daughter has court ordered visitation with her grandparents. problems have been active from the beginning. they constantly tell my daughter untrue and horrible things about me. ask her questions about living with me. and took away my role in my daughter upbringing. my daughter and I's... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 16, 2020

If you feel that the best interests of the child warrant a change in the visitation, you could request that.

1 Answer | Asked in Family Law for Colorado on
Q: I have a child where the father isn't on the birth certificate can he take my son away

I have a son and I'm the only one on the birth certificate and he told me that he wants to take my son away and change his last name. Mind you my son is 3 and he's just now saying this. He's never wanted to be in his life. Is there anyway I can prevent this from happening. To where... Read more »

Cindy Perusse
Cindy Perusse answered on Jul 13, 2020

If there is no court order for parenting time then he has no custody rights. He has to go to court and asks to be recognized as the father, first and then he can ask for parenting time. You are completely free to move if you choose.

1 Answer | Asked in Family Law for Colorado on
Q: If the court order does not list certain things in a parenting plan, do I follow the court order or the parenting plan?

The mother of my child submitted a modification of parenting plan due to me not visiting my son (but mistake on my part). The modification was requesting that I do parenting classes, a psych evaluation, and reunification therapy. When I received the court order it specifically states that I should... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 12, 2020

It would be necessary to see the documents to inform you as to what you rights and obligations under them are. Sometimes a court order only modifies certain aspects of a parenting plan and the other provisions carry forward.

1 Answer | Asked in Family Law for Colorado on
Q: I have a 3 year old son from a previous relationship.My husband hit me last year. Can I loose my son if I keep him aroun

My son was born and conceived before I met my husband and even thought of marriage. He put his hands on me last year when my son wasn't around he was with my mom for some quality time. If I continue to be married will I loose my son. Or can we find a way to work this out and continue... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 12, 2020

If he harms your son, then that will not bode well for you as a parent in the event of a custody dispute.

1 Answer | Asked in Family Law and Landlord - Tenant for Colorado on
Q: If a apartment manger is dating a tentant that is renting a apartment in that building can he or she be reported to hou

House authorities . Concern this intersrest of complex

Sabra M. Janko
Sabra M. Janko answered on Jul 12, 2020

Generally there is no prohibition against an apartment manager dating a tenant, unless the apartment manger's employer prohibits it.

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