Ask a Question

Get free answers to your Child Custody legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Colorado Child Custody Questions & Answers
2 Answers | Asked in Child Custody and Civil Litigation for Colorado on
Q: Filing for contempt of court in a custody case in Colorado.

I am involved in a custody case where the intervenor has been refusing to allow the respondent mother her court-ordered visitations for the past three months. Additionally, the respondent mother has stopped complying with the court-ordered drug testing for the last 30 days. There is also a paternal... View More

Mark Christopher Smith
Mark Christopher Smith
answered on Mar 24, 2025

Yes. You can also file to enforce the parenting time and note that your enforcement efforts include the show cause motion filed contemporaneously with the enforcement motion. All of your enforcement efforts should be preceded by a written request to confer as an attempt to resolve the issue prior... View More

View More Answers

1 Answer | Asked in Divorce, Child Custody and Family Law for Colorado on
Q: Can we be in contempt if 18 y/o daughter refuses to go to her birth mom's house for one of her parenting time nights?

My recently turned 18 year old step daughter wants to spend one more day per week with her dad and I instead of with her birth mom. There are no mentions in the separation agreement about what age the children will no longer be subject to the parenting plan. Local attorney says we're fine... View More

Christopher N. Little
PREMIUM
Christopher N. Little
answered on Jan 18, 2025

You ask an excellent question and I suspect that a Google search on the issue has produced many conflicting results. Kudos to you for reaching out for professional advice.

As concerns your question, let me first say that no practicing attorney knows the answer for certain. That is because...
View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How can I get approved for a pro Bono lawyer For family court.

I want full custody of my child.

Brock Richard Wood
Brock Richard Wood
answered on Nov 27, 2024

If you cannot afford a lawyer to help you, and you are in the Denver, Colorado Metro area, call Metro Volunteer Lawyers and ask them if they will take your case. Just Google "Colorado Denver Metro Volunteer Lawyers" to get their contact information.

You can also call different...
View More

2 Answers | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: CPS is involved with my sister’s children. My sister wants to sign custody of her children over to me. Can she do that ?

The youngest child’s father is not involved and never has been and doesn’t want anything to do with his son. The older two children’s Father also will sign custody over to me.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2024

In situations involving Child Protective Services (CPS), the process of transferring custody can be complex. While your sister and the children's fathers may agree to grant you custody, the final decision will likely involve CPS and the court system. Here are a few important points to... View More

View More Answers

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Colorado on
Q: My ex listed the wrong name of our child and the judge invoked jurisdiction based on the residence of child listed.
Christopher N. Little
PREMIUM
Christopher N. Little
answered on May 14, 2024

Good Afternoon,

From the substance of your question, it looks like you are involved in a legal proceeding concerning your child. Issues related to jurisdiction concerning children are often nuanced. I suggest that you consult with an attorney in the state where the case is at now in order...
View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My ex took me to court and claimed I had a drug problem, proved her wrong through UA's. She was made sole decision maker

And has our daughters 80 percent of the time. Their mother got a boyfriend who has a known drug problem and sold drugs. He has been to rehab three times and is around my children 80 percent of the time. How do I go about taking her back to court to prove that the girls aren't in a safe... View More

Steven  Visser
Steven Visser
answered on Feb 5, 2024

It sounds like you are looking to restrict Mother's parenting time due to the situation with her boyfriend. If so, then you would need to file a motion describing what is occurring. In other words, your motion would have to contain facts and information that the children are in imminent... View More

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I was ordered in custody court to take weekly random UA’s and have the results reported to my co-parent…

My co-parent and I were never legally married, and he was in fact, just recently released from parole. He hasn’t given one UA, nor provided results of any of his UA’s to the courts while I have submitted at least 42 clean ones. I feel violated being ordered to now take weekly random UA’s and... View More

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2023

If you were ordered to take weekly UAs, it was for the safety of your clild. Congratulations on having clean UAs. The best thing that you can do is continue having them. If you do, when the court is satisfied as to the safety of the child, then the court will modify the order requiring that you... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: Can my daughter's father prevent me from going to nursing school and getting my BSN?

My daughter's father and I have 50/50 joint custody. I will get my associates in April in pre nursing. I told him I'm applying to schools right now for my BSN. In order to get my BSN, I need to travel to complete clinicals out of state as there are no local clinical locations. I asked if... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 29, 2023

Without knowing the specifics of where this other school is, what you're proposed schedule is, and how much it disruption this will be in the child's life, It is impossible to actually answer this question. You have expressed your question as to what your daughter's father will... View More

View More Answers

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: In Colorado, can the JDF208 request for state pay for a professional be hidden from opposing party during e-filing?

If so, what document upload category in the e-file system would hide it from opposing party? I know it will be hidden from public view, but I don't want opposing party to see my financials.

Sabra M. Janko
PREMIUM
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2023

There is no way to file a document without the name of the document being visible in the docket. Court filings are public records so there are no secret filings that only the court can see. You can request to seal a document, however because the actual application for state payment is not visible... View More

1 Answer | Asked in Divorce, Child Custody, Arbitration / Mediation Law and Family Law for Colorado on
Q: Can relocation affect joint custody in an unfinalized divorce if agreed upon in mediation?

I am currently going through a divorce that has not yet been finalized due to unresolved parenting plan issues. The mother of my child is trying to force me to sign an agreement stating that if I move out of the city, even to a suburb less than 20 miles away, I will lose joint custody of our minor... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

I'm really sorry you're dealing with this—it’s hard enough to navigate a divorce, and even harder when custody becomes a point of pressure. It sounds like you’ve been doing your part to cooperate, especially by attending mediation and trying to reach agreements. You’re asking a... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Colorado on
Q: Common law marriage and unfinished divorce process in Colorado

I have been in a common law marriage in Colorado for over 20 years, with one child. My spouse filed for divorce several years ago, and I was served, but she did not complete the final step to finalize the divorce. There are also other factors that support our relationship as a legal marriage. How... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

You’re in a complicated but not uncommon situation, and it’s important to understand where you stand legally. In Colorado, common law marriage is recognized when both people agree to be married and hold themselves out as a married couple. Since you’ve lived together for over 20 years and... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Colorado on
Q: Concern about grandsons taken by violent felon father without custody in Colorado. Legal rights and steps to take?

I am concerned for the safety of my grandsons. Their biological father, who is a convicted felon awaiting trial for new domestic violence charges, took them from their caregiver while my daughter is in an alcohol rehabilitation facility. He has a violent history, including an attempt on my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

Your concern is absolutely justified, and the safety of your grandsons must come first. In Colorado, if there is no formal court order establishing custody, both biological parents technically have equal rights. However, if your daughter has been the sole caregiver and there is a clear history of... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Will my motion to dismiss the custody case be granted given potential father change and denial of parentage?

I filed a motion to dismiss my current custody case, which I initially petitioned. We are currently under temporary orders stating the other party gets overnight stays on Saturdays, and the final hearing is scheduled for August 2025. The other party denies signing the birth certificate or... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

It’s possible your motion to dismiss may not be granted automatically, even if you now believe someone else may be the biological father. Since the court has already issued temporary orders and the case is in progress, the judge will likely require strong justification before dismissing it. The... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: Can father get parenting time without signing birth certificate?

I filed a petition for custody and paternity in Colorado. During the temporary orders hearing, the alleged father waived genetic testing by admitting he knew he was the father, but he refuses to sign the birth certificate or admit parentage formally. The court granted him overnight visits every... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

In Colorado, a father can be granted parenting time even if he hasn’t signed the birth certificate, as long as he acknowledges paternity in court. When he waived genetic testing and admitted he is the father during your temporary orders hearing, the court accepted that as a legal admission. Once... View More

1 Answer | Asked in Divorce, Child Custody, Civil Litigation, Civil Rights and Family Law for Colorado on
Q: Discovered GPS device in child's shoe during divorce, legal action?

I am currently going through a divorce with a 5-year-old child, and we have a visitation schedule that we follow, though our parenting plan has not yet been finalized in court. Recently, while my child was with me, I discovered a GPS tracking device hidden in my child's shoe. The device was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

You have the right to privacy and to make decisions about your child’s safety, and secretly slipping a tracking device into their shoe crosses a clear boundary. Because you’ve already contacted law enforcement, ask for a follow‑up on whether the other parent’s actions qualify as unlawful... View More

1 Answer | Asked in Child Custody, Education Law and Family Law for Colorado on
Q: Facing motion for sole decision-making; disagree with homeschooling

I am facing a motion by my coparent in Arapahoe County, CO to change parental decision-making, granting her sole authority over our son's education and medical/psychological issues. We currently have a parenting plan that lists us as equal decision-makers. She wants to homeschool our son,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

You're in a very important position right now, and your voice matters deeply when it comes to your son's future. The fact that your parenting plan already grants equal decision-making power gives you a strong starting point. To defend against this motion, focus your response on what’s... View More

1 Answer | Asked in Child Custody and Appeals / Appellate Law for Colorado on
Q: Appeal custody decision given to paternal grandmother in Colorado?

I am the maternal grandmother, and we are in an ongoing custody battle for my grandchildren. The judge has awarded emergency custody to the paternal grandmother. This decision was made because she had the children for three months after their parents asked her for temporary care while they got... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

In Colorado, you can file an appeal of the custody decision if you believe the judge’s ruling was not in the best interest of the children or that there were errors in the way the decision was made. However, keep in mind that appeals usually focus on legal errors, not disagreements over the facts... View More

1 Answer | Asked in Child Custody, Domestic Violence and Gov & Administrative Law for Colorado on
Q: How do I confirm service of a custody summons in Colorado?

I filed for custody online using the Colorado EFiling website and received an "Order and Notice of Initial Status Conference," which is set for a specific date. This is the first time I’m handling this without an attorney, and there are no details in the notice regarding service.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

To confirm whether the respondent has been served with the custody summons in Colorado, you will need to check with the court. You can contact the clerk’s office where the case is being handled to inquire about the service status. They may have a record of the service or an affidavit of service... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Colorado on
Q: Can dad get more visitation rights without proving sobriety and compliance?

I'm concerned about my ex-husband seeking more than supervised visits with our son. He hasn't been consistently involved in our son's life for more than a few months over the past 10 years and has never parented him or had overnight visits per court order. After a CPS case closed a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Your ex cannot simply demand more visitation rights without showing the court that circumstances have changed and that it’s in your child’s best interest. Judges take past behavior very seriously—especially when it involves missed visits, relapse, domestic violence, and failure to comply with... View More

1 Answer | Asked in Child Custody, Domestic Violence, Civil Litigation and Family Law for Colorado on
Q: How can I legally move my abused daughter from Missouri to Colorado?

I have shared custody over my two children, but they have been living with their mother, my ex, who moved to Missouri in 2021. For two years, I was able to exercise my parenting rights by flying them to Colorado until my ex cut off all contact. Recently, I’ve started communicating with my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025

Given the situation, the fastest legal way to bring your daughter to Colorado would be to first file a petition for modification of the custody order in the court that issued the original order. This petition should explain the circumstances, including the abuse your daughter has reported and her... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.