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Colorado Family Law Questions & Answers
1 Answer | Asked in Family Law for Colorado on
Q: I want to revoke a parenting plan.

I filed a parenting plan with my husband last week and have since decided that I would like to go for full custody instead of visitation.

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

It depends on the circumstances of the filing. You may or may not have an opportunity to argue for a deviation with the Court if the plan has not yet been issued as an order. If it has, it depends on the reasons for deviation given that the Court would just recently have issued the order.

2 Answers | Asked in Divorce, Family Law and Sexual Harassment for Colorado on
Q: In Colorado, are there any laws to stop derogatory and verbally abusive behavior from an ex?

Communication has been expressly limited to TalkingParents.com between my ex husband and myself. I have the records available to me for evidence, and he uses TalkingParents for this communication. He takes every opportunity to call me many names, all which have to do with him implying that I have... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 24, 2020

If there is a court order limiting communication to TalkingParents, he may be in violation of the court order. If so, you could consider citing him for contempt. You should get a lawyer to help you.

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1 Answer | Asked in Family Law, Adoption, Education Law and Juvenile Law for Colorado on
Q: Can I get emancipated in my situation? what are the steps I have to take? And how long will it take?

I’m 15 years old I haven’t been going to school for a year now and I also haven’t been living with parents for a year.i have chosen to leave my home because of some Physical abuse and negligence I am currently not going to school because my parents didn’t want to enroll because of family... Read more »

Sabra M. Janko
Sabra M. Janko answered on Mar 21, 2020

I am sorry to hear about your situation. If abuse has occurred, you might consider speaking to your school counselor about the matter. That counselor could make a report to social services.

1 Answer | Asked in Family Law and Tax Law for Colorado on
Q: I believe my baby’s father claimed our kid this year for taxes and my tax form was rejected by the IRS

It was also my year to claim our kid upon the court ordered agreements.

Sabra M. Janko
Sabra M. Janko answered on Mar 21, 2020

I am sorry to hear about your situation. You could ask your ex to amend the tax return and if not , then you can file a motion for contempt of court for a failure to comply with the court order.

2 Answers | Asked in Employment Law and Family Law for Colorado on
Q: I can't seem to find anything on common law marriage in Colorado other than age restrictions.

I am looking for something that explains if its legally binding

John Hyland Barrett III
John Hyland Barrett III answered on Mar 20, 2020

Colorado recognizes CLM. It is equally valid as a ceremonial marriage. It requires that both of you intend to be married and that you live together. This is usually indicated by holding yourselves out to the community as a married couple. Also, you need to be legally able to be married-e.g: not... Read more »

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1 Answer | Asked in Family Law for Colorado on
Q: Can I take my son out of state for a gymnastics competition my son qualified for without his dads permission?

My son's dad doesn't want us going out of state because of the corona virus. The meet is on my parenting time. We will be driving, and it is only 1 night 6.5 hours from home. His dad has all of the information for the trip. Our parenting plan reads "6. Travel and Vacation Plans - The parties... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 12, 2020

You should comply with the court-ordered parenting plan. You should consult with a lawyer to review the entire parenting plan and advise you how to proceed.

1 Answer | Asked in Family Law for Colorado on
Q: Who is covered by a temporary automatic injunction?

We have a case for allocation of parental responsibilities in Colorado (Adams County). Does this injunction cover the minor child as well as the petitioner and respondent?

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

The injunction prohibits the parties from taking certain actions such as removing the child from the state.

1 Answer | Asked in Family Law for Colorado on
Q: Mother in law condo was sold in Oct. Taxes were given to accountant Jan 4. Still not done. What legal recourse do I have

This is my sister in law handling it. And tax accountant is her brother in law

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

What recourse you have may depend on whether you had any interest in the sale of the home. An attorney would have to know more about the situation to comment.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I have custody of my 9 yo son. I found out through paternity testing he is not mine. Do I have to tell his mom/court

Am I legally obligated to share this information with his mom or the court? What are the possible repercussions under this type of circumstance? I have always been a part of his life and he lives with me throughout the school year. We were married when he was born so I am on the birth certificate.

Sabra M. Janko
Sabra M. Janko answered on Mar 4, 2020

You are the presumed Father and the psychological parent so there is no obligation to share the information.

2 Answers | Asked in Identity Theft, Family Law, Domestic Violence and Social Security for Colorado on
Q: my father emotionally abuses me and my mother, I don't live at home is it possible to get a protective order?

my father is still my legal guardian

he has pointed a gun at me before

he has beaten my mother in front of me

I am terrified of him

he is diagnosed with anti social personality disorder (he's a sociopath)

he refuses to give me my legal documents SSA, Birth... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 4, 2020

If you are an adult (age 18), you can get a protection order based on these facts. If you are a minor, your mother can get a protection order for her and you. You or your mother should get a lawyer to help you with this.

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1 Answer | Asked in Family Law and Domestic Violence for Colorado on
Q: I'm i able to ask for sole custody if i can prove to the court that the dad has been abusive to the kids and myself?

The kids are 10, 7 and 4 years old.

Father has continued to make this procesd very difficult.

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

Yes, courts will often award sole decision making to a parent who has been the subject of domestic violence. If you can establish child abuse on his part, then you can ask for restrictions on his time with the children.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: After 2 years of being absent from a child's life, does the absent parent still have the right to come take the child?

My son is 4 and he has special needs. He has autism, global developmental delay, and Jacobs syndrome. I’ve been the only parent taking care of him for the past 2 years. His dad has been In another state. My son doesn’t even know him anymore. Can he just come take him from me because their is no... Read more »

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

You should file a motion for allocation of parental responsibilities. If possible, you should have an attorney to assit you in this to advocate for you and the child.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Colorado on
Q: If I have sole ownership after divorce, in agreement to splitting proceeds from sale, does my ex have say in the selling

I am getting ready to sell, as we BOTH agreed on, and now she's trying to interfere saying that she gets a say in every offer, etc I have.

Sabra M. Janko
Sabra M. Janko answered on Mar 1, 2020

It depends on what the decree says. Many decrees address who will be involved in selection of realtor and sales price as well as a contingency if the home does not sell within a specified period of time.

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2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Received bonus before divorce was final and was marital property. Can that be used as basis for child support re-eval?

My annual bonus was paid in Feb 2019 and divorce was final in June 2019. Bonus was considered marital property and split at time. My annual bonus received today (Feb 2020) was 50% less than last year (and is consistent with bonus for previous 11 years) making my income significantly less than last... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 2, 2020

The court should use your current income. Sometimes, your prior years' income is considered a good indicator of your current income. You should run the child support calculations to see if it really makes much difference. Your contribution to your son's expenses will only matter if he is a child of... Read more »

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1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: Can a law firm represent one of their employees? My ex wife is making everything complicated and I need help.

Can a law firm represent one of their employees? My ex wife is serving me with papers and I don’t really know why, and she keeps asking me fore my address. I’ve told her I will not give her my address and I gave her my grandmas address, where I get all my mail sent, and she told me that won’t... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 29, 2020

There is no prohibition against a law firm representing one of its employees. Additionally if you care for the child then the Mother will need to know your address. Other than that, she is looking for your address for the purpose of service of process.

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: If I was sent chid support papers to file from CSS through CPS do I have to file through them or can I file by myself

Granted full custody of daughter and CPS cased closed recently. I recieved papers to file for cild support through CSS this week with a deadline to return them. Do I have to file these papers for child support through them with my payments coming from CPS, which my ex is still involved with or can... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 25, 2020

It depends on what the paperwork says and whether there is any court order associated with the support. An attorney would have to review your paperwork and any court orders to advise you on your options.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: 16 YO son wants to be be emancipated. He graduates high school in May. Will CPS let him do this?
Sabra M. Janko
Sabra M. Janko answered on Feb 25, 2020

It depends on his situation. Just graduating from high school does not emancipate him. However there are other factors that could such as his becoming self supporting or joining military service.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: can I take my kids out of state?

My boyfriend and I have lived with his parents in colorado for 3 years. He became physically abusive with me recently and I want to leave to tennessee with our two babies (ages 1 and 2) but he tells me I cant take them. We are unmarried. Thank you

Sabra M. Janko
Sabra M. Janko answered on Feb 23, 2020

I am sorry to hear about your situation. The home state of the children is where they have been for the past six months and that is the state that has jurisdiction over custody and parenting. Domestic violence does have an impact on that, however and parents are generally not faulted in the court... Read more »

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Constitutional Law for Colorado on
Q: Is it illegal for CPS to permanently place my kids with my absusers sister with a protection order in place?

The PO is permanent, with 2 violations! The court order is very vague. It states visitation at her discretion. She sneakily took my daughters and moved them 2 hours away from me and my son (Their half brother) and has yet to update her address with the court. I had to locate my children by doing a... Read more »

Sabra M. Janko
Sabra M. Janko answered on Feb 23, 2020

An attorney would have to see the order but it sounds very broad and gives the sister a great deal of discretion. You may want to seek a modification to the order if you would like to propose alternate arrangement.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: I filed for a legal separation now my wife wants a dissolution of marriage, can she force a dissolution of marriage?
Courtney Edwards
Courtney Edwards answered on Feb 21, 2020

Yes. If she objects to a decree of legal separation, the judge will issue a decree of dissolution of marriage.

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