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Colorado Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I’m a single mother to a teenage, special needs son. I’m looking for child support and a parenting plan.

Father and I have never been married, never been to court, have zero agreement. Recently, father started paying $300 a month in child support, although I have 100% parenting time. Father can afford more but is unwilling to pay more or help with groceries or utility bills, doesn’t pay for... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 19, 2022

You should file a court case to get these things in place. Child support can be set based on the respective incomes of the parents. A parenting plan can be established in accord with the best interest of the child. You should get a lawyer to help you with this.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I move out of (CO) state with my son?

We have joint custody and I have primary custody. Parenting time is switch every 2 weeks. My relocation would be to Texas for better living and because I would be able to buy a house there. Our son is 11turning 12 in May.

Sabra M. Janko
Sabra M. Janko answered on Jan 17, 2022

You would have to have the other parties cornet or a court order.

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1 Answer | Asked in Family Law for Colorado on
Q: My ex and I have a verbal agreement for living arrangements of one of our children. He has not returned her.

My 13 y/o has a history of lying when she is about to be grounded, resulting in false police reports being made. She was residing with me, with text message agreement with her father. She was going to be grounded for something she had done on my time. She went to visit dad, tried to say that I was... Read more »

Cindy Perusse
Cindy Perusse answered on Jan 11, 2022

Verbal agreements re parenting time and custody are not enforceable by police or a court. You must get a court order reflecting your verbal agreement. If you have any order from the court regarding your joint children then follow that until you can get it modified. You could use the police to... Read more »

1 Answer | Asked in Business Law and Family Law for Colorado on
Q: Is there a legal obligation to give information to parents of an employee?

If an employee is under the age of 18 from a broken marriage household and does not want the employer to disclose info? for example living with one parent and the other comes in asking when she/he/they are working next?

Sabra M. Janko
Sabra M. Janko answered on Jan 10, 2022

This is more on an employment law question however first it is necessary to look at whether someone under age 18 can work. You should repost in employment law. Generally employers can not disseminate employee information to third parties without the consent of the employee, however generally... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you get in trouble if petitioner doesn’t provide correct address to receive response?

Custody case I tried mailing response but person did not put full/correct address on court papers but paper were filed in court.

Sabra M. Janko
Sabra M. Janko answered on Jan 9, 2022

A person has to be accurate with their address with the court and failing to do so may be a false statement or it may be an inadvertent mistake depending on the inaccuracy. Also, people often are not aware that they have an obligation to update their address if they relocate.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Me and my wife loss custody to our 3 children it's been 3 years now do we start visitation or go for custody

my question is do we go for custody or does it start with visitation

Sabra M. Janko
Sabra M. Janko answered on Jan 9, 2022

It depends on what you mean by lost custody. If your parental rights were terminated then you have to go through the Department of Human Services to request reinstatement.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Colorado on
Q: What if a court order is impossible to complete ?

I got divorced in Colorado and have been ordered reintegration therapy to have contact with my children however I live in Florida. To have therapy the therapist must be licensed in both states this is impossible to find and if I did find a therapist willing they would be in violation of the law... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 6, 2022

Yes, you can file a motion to have he court modify it's order. Your motion should propose a solution that is possible and that will meet the court's initial concerns. You should get a lawyer in Colorado to help you with this (assuming the order is from the Colorado court).

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Colorado on
Q: my sister still lives with our highly abusive mother. how can I legally get her out of there.

We have a lot of evidence of gaby (mom) abusing me and my dad. Plenty court cases and files. Her record is far beyond damaged. Theres no reason as to why my sister has to stay with her. We don't have too much evidence of abuse towards my sister which is the problem. However, im not living with... Read more »

Stephen Birk Baumgartner
Stephen Birk Baumgartner answered on Jan 5, 2022

I am very sorry you are going through this. This is definitely a complicated family law question. However, if you suspect abuse of your sister, then you should call the Department of Human Services, Child Protection Division, and possibly the police. The answer to how you get her out of there... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Colorado on
Q: My ex-partner won’t come forth to pay the personal lien she put on my property We can’t find her

I have a new mortgage type and it’s been approved we need to pay her get her lien off

John Hyland Barrett III
John Hyland Barrett III answered on Dec 30, 2021

You will have to work with your new mortgage company to see if the new loan can go through without a release of this lien. It may be possible to escrow the lien amount in case she comes forward. Alternatively, you may need to try harder to actually find her.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: To see my son in utah

Me and my ex-wife were divorced four years ago there’s a family plan in place here in Colorado we moved to Utah three years ago where she resides today I was out here in Colorado now we split up she has threatened to have me arrested if I show up at the residence. She has had me arrested before... Read more »

Sabra M. Janko
Sabra M. Janko answered on Dec 29, 2021

I am sorry to hear about your situation. It is unclear where you reside and where the child resides. In any event, if she is violating the court order, you can enforce it. Colorado has continuing, exclusive jurisdiction, however if all parties are no longer in the state, a party can petition to... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can my ex give his parenting time to his new wife while deployed?

I have primary custody of our son. My ex recently got married right before his deployment and is now saying that he is giving his parenting time to his new wife. I was under the impression that when he deployed I had temporary full custody. Is he legally allowed to give his parenting time away?

Sabra M. Janko
Sabra M. Janko answered on Dec 21, 2021

He can request that. A fit parent is considered to be able to delegate his or her time. However, the delegation is not automatic. You can contest it as not being in the best interests of the children, if that is the case. He also would have to file with the court to modify the current plan if you... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: I have an older brother who is about die, who’s responsible for burial costs?

I live in Colorado, he lives in Wyoming

John Hyland Barrett III
John Hyland Barrett III answered on Dec 16, 2021

Technically, the decedent's estate is responsible for burial costs. This should be handled by whoever is designated as the personal representative (executor) of his will. However, if a family member/friend makes arrangements with a funeral home, that person may be contractually liable to pay... Read more »

2 Answers | Asked in Divorce, Family Law and Arbitration / Mediation Law for Colorado on
Q: Hello, I have a question for you .. In 2000 I was very ill and my wife at the time had gotten power of attorney,

( we are still legally married but we are no longer "together") I am now no longer dependent on her to make decisions for me, but wanting to know how, can I tell if the power of attorney is still active. and if it is active how can I cancel it.

Sabra M. Janko
Sabra M. Janko answered on Dec 16, 2021

Hello and happy holidays. If you have not revoked the power of attorney then it is still active. Yo revoke it, you prepare a revocation and provide the revocation to any place that may have a copy of the attorney.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: how to get support order from evasive father. process started 3x since 2016

first attempt in 2016 included a dna test from guy i was married to at time of birth, not the father but because i was married they told me to leave father part blank on his birth certificate. this attempt was instigated when i was approved for tanf after having to leave our home due to my mothers... Read more »

Sabra M. Janko
Sabra M. Janko answered on Dec 16, 2021

You can contact child support enforcement for assistance in child support matters. If you have already contacted them, they are the agency who can answer questions about what has happened in your case.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Colorado on
Q: My husband and I were married in TX and shortly after moved to CO. Not long after arriving in CO he became extremely

Controlling and verbally abusive. I left him but neither one of us ever filed for divorce. In the midst of me leaving he stole $6000 from me. I have since moved back to TX and was just informed that he has remarried and confirmed it via records search in El Paso county. Can he be married to both of... Read more »

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

His second marriage is void if you were not divorced. What to do depends on what your goals are.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you find out why the other attorney for the petitioner withdrew from the case?

The motion to withdraw presented by the other parties attorney doesn’t say why. Is there a way to find out why they withdrew? Especially when they were winning?

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

The attorney can not disclose the reason for withdrawal due to client confidentiality.

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: I have a status conference coming up. It's in regards to a relocation request by the other parent whom moved already.

How should I prepare. Why do we need to have a status conference? She was just found in contempt for not abiding by our current order. She's already filed her request and I filed my response opposing it. Why can't the judge just make the call?

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

The parties have the right to present evidence so relocation matters are decided after an evidentiary proceeding. The status conference is to check the status, however based on the history of the case, the court will be intending to discuss some particular aspect that would have been previously... Read more »

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Filed a motion. Ex didn't respond in 21days. Order published on 23rd day. Ex responded to order? What will Judge do?

21 days to respond to motion by CO law. Judge granted request to modify, Ex submitted letter stating opposition to the modification. Will Judge ignore or consider the response?

Sabra M. Janko
Sabra M. Janko answered on Dec 13, 2021

Generally at this point, the court will just go with its order. It is now to late to respond. He could move to reopen the action in limited circumstances such as not receiving the motion. Though here because he did respond a few days late it seems as though he did receive the motion.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Do the courts go off of your income you were making at the time of separation for child support, or time of final order

My fiance and his ex are in the process of finalizing there custody agreement, she refuses to get a job that pays above min wage, but at the time of there separation she was making about the same amount he was making, which in the original agreement it would've made cs 50/month.. that was not... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Dec 7, 2021

The court will use the actual current number UNLESS the court finds that she is voluntarily underemployed. That may be the case if she has the ability to make a higher wage. If so, the court can use what she could be making. Your fiance should get a lawyer to help him with this.

1 Answer | Asked in Family Law for Colorado on
Q: My daugters girlfriend has moved in with us she is 17 can her mom make her move back home?

My daughter girlfriend left her house when her mom left for a week to bring back her boyfriend who is abusive to her mom. She doesn't want to move back in with her mom, will I get in trouble for letting her stay with us

Sabra M. Janko
Sabra M. Janko answered on Nov 4, 2021

If you believe that she is being abused in the home, then you will want to report that to the Department of Human Services. Based on how the Department of Human Services perceives the situation they can advise on where the child should be.

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