Colorado Child Custody Legal Questions

An adoption will terminate any parental rights your husband might have, or ask for in the future. It will also exempt him from any future child support obligation. If he believes the child is his and he wants to be involved as a parent if that is true, then he has the right to ask for DNA testing. If he is the father, he can't be forced to "sign over his rights". If he isn't the father, he has no rights to "sign over".... Read More

If you were never marriage, you will need file a petition for allocation of responsibilities, in which you will get a court order on parenting time, child support and decision making. If you both have attorneys, you can sometimes get through it without ever appearing in court. If only one party or neither has an attorney, you will be in court at least twice. You can get orders for temporary child support and for one party to pay the other's legal fees at the end depending on the economic circumstances of the parties. If it is going to be contentious, a lawyer can be very helpful. I hope this helps.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.... Read More

Legally each party is supposed to pay one-half of uncovered health care (copays). However, if you have to pay for all the insurance costs that seems unfair, depending on the cost. You may want to try to change the order so that she pays 1/2 of the premium as well - have an attorney run the numbers to see whether you could win on this.... Read More

If you do not think the currrent plan is in the best interest of the child, then you can file a motion to modify it. You can ask the court to "interview" the child (in chambers) as most judges will be willing or even want to know what the wishes of a 16.5 year old are (especially since it's nerarly impossible to force that age child to go to parenting time if they do not want to). Let me lnow if you have further questions. I hope this helps. ... Read More

If the plan you entered into with the grandparents was made an order of the court, then that plan controls noe and he would need to file a motion to modify parenting time to change it (whether back to the old plan or a new plan). The grandparents could ask for grandparenting time if you go back to court, but usually that is time taken from "his time." I hope this helps. ... Read More

You can always ask the mother to permit a voluntary DNA test of the child, but the only way to force her to do so is to file a paternity case to have yourself declared the child's legal father. When the case is filed, the court can enter an order that the testing occur. If the test shows you to be the father, you will be expected to pay child support and you will have the option of requesting specific rights for being an active parent in the child's life. If the test shows you are not the father, that decision will be permanent and you will have no rights or responsibilities. If you believe you are the father, or could be the father, it is in your best interests to have things resolved now because otherwise you will be continue to be subject to a claim for child support for the child at least until the child is 19 and, if you are later proven to be the father a court can order child support retroactive to birth.... Read More

You need to show the Colorado court that issued the current order that computing the child support under today's facts would produce at least 10% difference from the current child support order. You need to file a motion to modify with the court because the court cannot retroactively change the support obligation for any period before you file the motion.... Read More

In general, new spouse income is not considered in setting a child support amount. The child support your husband is ordered to pay is his separate property obligation. Although you personally can not be obligated to pay it (ie, your wages could not be attached, etc.) it will still affect your household budget as an expense. And, you're very welcome, it sure is nice to have someone say thank you!... Read More

An adoption usually results in termination of parental rights AND obligations so it appears that whoever initiated action to collect child support from you is ignorant of the true facts. You need to inform that person or agency of the adoption. If they do not terminate the action you should retain an attorney to address the situation according to the law of the state where the action has been initiated.... Read More

If the mediation agreement was put into a Court Order, you will have to file a motion to correct or modify the Order. If it was done as preliminary matter and is not an Order, it will only have authority at the time the Court recognized the mediation contents and places them in a Court Order. Unless you and the other party entered into an agreement for mandatory medication, the above would be true.... Read More