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Colorado Juvenile Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: Would I be able to sue the department of social services in alamosa county?

I have an open case with the department of social services here in alamosa co. They took my children from me on August 29th 2018. I'm still not sure exactly why my kids were taken from me. I have just recently found out that my nine year old son has been diagnosed with rheumatic fever.

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

I am sorry to hear about your situation. Social services should tell you why they took your children. You can contact them to find out. If they were concerned for the children's safety and removed them for that reason, unless they did not have a sufficient basis for the determination a lawsuit... Read more »

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Colorado on
Q: My child was being sexually abused while in the care of daycare. Can I sue the daycare?

My child was being sexually abused by another child.

Gary Kollin
Gary Kollin answered on Sep 9, 2019

There are issues of liability which you should discuss with a lawyer you consult directly

2 Answers | Asked in Criminal Law and Juvenile Law for Colorado on
Q: If I'm on pretrial at 17 years old and go on the run till I'm 18 will I still go back to jail when I'm 18
Brian K. McHugh
Brian K. McHugh answered on May 3, 2018

If there is an active warrant for your arrest, yes. Your age at the time a warrant is issued and your age at the time you are arrested on that warrant are irrelevant.

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1 Answer | Asked in Family Law, Criminal Law and Juvenile Law for Colorado on
Q: My boyfriend and I want to get married. I’m 18 he’s 19. We live in Nebraska. If we go to CO can he get in trouble?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Feb 1, 2018

The Colorado marriage would only be valid if one or both parties of married couple were Colorado residents (permanently reside in Colorado for at least 91 days). If the residency requirement can be met in CO, the CO marriage can be transferred to NE (even though legal majority in NE is 19). An... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: How do I get emancipated without parental consent?

Im 18 years old and a freshman in college. I have a part time job. I currently do not live with my parent, they live in a different state. My mother was abusive to me when I was younger, but will try to continue verbal abuse over the phone. My father never stopped it or tried to stand up for me or... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Jan 25, 2018

At age 18, you are a legal adult and are emancipated. You can decide what contact you have with your parents.

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: Can a father kick out his daughter when she turns 18 if she is still in high school?

I am her mother and do not want her to leave. she is a great kid.

Stephen J. Plog
Stephen J. Plog answered on Jan 24, 2018

A child becomes an adult at age 18. From a family law standpoint, the parent is no longer legally obligated to let them stay in their home. If you all live in the same home, that will be an issue for you and the father to work out. In a technical, legal sense, the father might have to go... Read more »

2 Answers | Asked in Family Law and Juvenile Law for Colorado on
Q: My daughter wants to move out at 18, we live in Colorado, can she do that?
John Hyland Barrett III
John Hyland Barrett III answered on Jan 11, 2018

At age 18, she is a legal adult and can live where she wants.

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1 Answer | Asked in Child Support and Juvenile Law for Colorado on
Q: I am paying child support on a 17 year old will be 18 in 10 days. He was arrested for 22 armed robberies.

Can he be emcipated due to being in state custody?

Stephen J. Plog
Stephen J. Plog answered on Dec 28, 2017

If the 17 year old is in prison and not coming you, you should be able to seek a termination of the child support obligation.

1 Answer | Asked in Domestic Violence, Criminal Law and Juvenile Law for Colorado on
Q: If a 16 year old punches a 17 year old, what are the legal consequences that could happen?
Mr.  H. Michael Steinberg
Mr. H. Michael Steinberg answered on Nov 22, 2017

The case will be filed in Juvenile Court - and most likely - if the injuries were not serious - the juvenile will be offered a diversion program which is a kind of probation that ends with a dismissal of the case following anger management classes etc.

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: Can I leave home at 16 without parents permission? I have a steady job and a child and aswell as a car.

Moving into apartment

Samuel Ventola
Samuel Ventola answered on Sep 14, 2017

No, not unless you become emancipated.

1 Answer | Asked in Civil Rights, Juvenile Law, Sexual Harassment and Criminal Law for Colorado on
Q: Can a parent press charges on a 19yo boy if he has sex with their daughter (17yo) when the legal age of consent is 17?

So the parent says they will put whoever has sex with their daughter in jail but once the daughter turns 17 which is the legal age of consent in colorado can they still do that?

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 8, 2017

As far as statutory rape goes, you are correct that at 17 inability to consent (due to age) is waived. With the 2 year age gap, there would also be additional safe harbor provisions related to statutory rape in Colorado.

Statutory rape is not the only issue. Parents have been known to...
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1 Answer | Asked in Juvenile Law and Criminal Law for Colorado on
Q: Is it Against the Law for a 28 year old to Have a crush on an 18 year old and want to date him or would I get in trouble

So there's this guy who's 18. And I'm 28. And I wish I could date him

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Sep 1, 2017

Statutory rape only applies to minors. At 18 a person who is not disablabled is legally an adult in Colorado. Note, normal rape rules (i.e. consent) apply regardless of age.

1 Answer | Asked in Juvenile Law for Colorado on
Q: If i 17 can i go do my own inmasipation with out my parents permition

My parent keep me locked up in side and will not allow freedom can I

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Aug 6, 2017

Colorado does not allow private motions for emancipation. Only CPS (Child Protective Services) can petition (with consent of the minor) for emancipation if the child is living in a group home.

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: Will 17 and pregnant speed up emancipation process 4 months before she is 18? How can parents keep her identity docs?

This young girl I house and provide for, both parents are unstable and abusive in a few ways. She just wants to be emancipated asap to protect herself and baby and she wants to stay here where she is. I am enrolling her in school, she makes a little money helping every now and then. Parents are... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 28, 2017

Only Child Protective Services can file for an emancipation order. In other words, Colorado does not allow civil emancipation requests unless the child is in a group home setting.

The Social Security Card and birth certificate ownership are something of a grey area. These documents are the...
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1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: Can a 17 year old leave home if they are 30 days away from being 18.
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 27, 2017

Technically, the 17 year old is still a minor. However, getting police or state involvement if the minor leaves may not occur due to the very short period in which the child is still a minor.

1 Answer | Asked in Criminal Law and Juvenile Law for Colorado on
Q: In the state of Colorado is it eligal to date a 17 year old if I am 22
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 24, 2017

There is nothing illegal in dating a minor. There are potential risks with having sex with a minor (i.e. statutory rape). However, in Colorado statutory rape ends at 17 years old. Note, consent to sex (or lack thereof) is not age related.

1 Answer | Asked in Criminal Law and Juvenile Law for Colorado on
Q: My son who is 12 was interviewed while in the interview room the detective took my phone

And he stated you may be texting your other son to warn him and he took my phone out of the interview room for about 5 to 15 min and I was angry do they have the right to do that

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 16, 2017

Yes, the police can temporary remove items to prevent communication between suspects. Technically, consent is required (unless you were charged), but consent can be inferred by the act of surrendering the phone and/or continuing to talk.

The phone must be returned (undamaged) and you always...
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1 Answer | Asked in Juvenile Law for Colorado on
Q: What is the starting age in Colorado that a Juvenile can be charged for criminal mischief . Can a 9 year old be charged?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 4, 2017

A child must be at least 10 years old at the time the crime(s) were committed for Juvenile Court to have jurisdiction (power) over the minor. For children under 10, there are other potential claims (most not criminal) that can be raised against the child and/or the caregivers.

1 Answer | Asked in Family Law and Juvenile Law for Colorado on
Q: What is the process to petition the court for emergency guardianship of my grandchild when I live in California?

My grandchild has been staying with another family member because neither of her parents are properly providing for her due to drug and alcohol issue and I am concerned for her safety in the event that she may be released back into the unstable situation.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 4, 2017

If Social Services is involved, contact the managing social work or the GAL.

If this is a private motion (without state involvement), you will need to hire a lawyer to handle the case in Colorado. Two of the biggest reasons why this is not a matter that can be handled pro se (w/o an...
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1 Answer | Asked in Juvenile Law and Constitutional Law for Colorado on
Q: I am employed at a public (government funded) pool and we had members of a religion attempt to come in and solicit

children during pool hours. I told them no, and that I would have to talk to our board of directors about a final decision. I'm assuming since we are a public entity that the establishment clause would prevent them from doing this legally. Any suggestions you could give me would be very helpful.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jun 20, 2017

Private property, even if wholly funding by the government, can lawfully restrict use/actions of any "visitor" with or withhold cause for any reason. Note this is very broad (hence why some court clubs in the south still lawfully restrict African-Americans and other groups from use and membership).... Read more »

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