JEFFERSON COUNTY DISTRICT COURT



1. Forms

The Clerk’s office is located on the 1st floor at: 100 Jefferson County Parkway, Golden, CO 80401.

Forms may be obtained at no cost from the Colorado Court’s Homepage courts.state.co.us or in the Court Clerk’s Office for a fee. Many of the forms are available in Spanish under the Forms tab.

Steps to obtaining forms:

Step one: Select Forms tab

Step two: Select Domestic/Family

Step three: Scroll down and select File a New Case

You will need the following forms:

JDF 1000 Case Information Sheet

JDF 1413 Petition for Allocation of Parental Responsibilities

JDF 1414 Summons

JDF 1104 Certificate of Compliance with C.R.C.P. 16.2(e)

JDF 1111 Sworn Financial Statement

JDF 1113 Parenting Plan

JDF 1117 Support Order

JDF 1422 Order for Allocation Of Parental Responsibilities

JDF 1820E Completed Electronic Child Support Worksheet (Manual forms JDF

1820M Worksheet A or JDF 1821M Worksheet B also available)

***Additional forms may be required on a case by case basis.***

2. Definitions

Parental Responsibilities includes both parenting time and decision-making responsibilities regarding the children. (The term “custody” is no longer used.)

A petitioner is a person filing a formal written application to a court requesting judicial action.

A co-petitioner is a person filing together with the petitioner a formal written application to a court requesting judicial action.

A respondent is the person against whom an action is being taken.

A hearing date is the date when the parties will appear before the court to provide testimony prior the entry of court orders.

An initial status conference (ISC) is required to be held within 42 days of the date of filing your case. If neither party is represented by an attorney, the ISC will be scheduled with the Domestic Family Court Facilitator. If one party is represented by an attorney, the ISC will be scheduled with a Magistrate.

3. Filing Fees

Filing an Allocation of Parental Responsibilities case costs $187.00.

Filing a Response to the Petition, or the Respondent’s first pleading, costs $95.00.

The filing fee may be waived if a party is determined by the court to be indigent. To apply for the fee waiver, complete the Motion to File without Payment and Supporting Financial Affidavit (JDF 205) and a blank Order (JDF 206) and file them with the court. Once the documents are submitted, the court will determine whether the fee can be waived.

*** FILING FEES ARE SUBJECT TO CHANGE ***

**All fees paid are non-refundable**

Other fees that a party may encounter:

← Service Fees vary (not payable through or to the court)

← Certification Fee $ 13.00

← Copies of Documents on file $ .75 per page or $ 1.50 if double-sided

← Copies of Documents not on file $ .25 per page or $ .50 if double -sided

4. Opening Your Case

The child(ren) must have resided in Colorado for at least 6 months prior to the filing of the Petition or since birth if under 6 months of age. If this time requirement is not met at the time of filing, the court does not have jurisdiction over the case.

To file your case, you must complete and submit the original Petition, Summons, Case Information sheet, and pay the filing fee. The Petition, Case Information Sheet, and Summons are the only forms needed to begin your case. The Case Information Sheet must be completely filled out, including parties’ social security numbers.

**Please use BLACK or BLUE ink when completing forms. All documents MUST be typed or written legibly, and signatures notarized where required. If something does not apply, please indicate that by stating “not applicable” or “N/A”. DO NOT file incomplete documents. It is preferred that parties do not use white out on legal documents. To correct mistakes, please draw a line through the error and fill in the correct information.

It is the parties’ responsibility to keep the court informed of current contact information. This is done by completing the NOTICE OF CHANGE REGARDING CONTACT INFORMATION and filing it with the court (JDF 1312).

5. Filing Forms with the Court

All documents must be filed at the Domestic window in the Clerk’s Office. You cannot file documents in your assigned courtroom or division. You should file the original of all documents, and must always include your case number. The Clerk’s Office can notarize the documents pertaining to your case at no cost.

If you are not able to file documents at the court, you may file documents by mail. Please send documents to Clerk of Court, 100 Jefferson County Parkway, Golden, CO 80401. Each document must include your case number. Please allow at least 10 days for your documents to be received and processed by the court.

You should keep a copy of all documents filed with the court for your own records. If you want a date stamped copy of the document, bring an extra completed copy of the document being filed and the court will date stamp your copy at the time you file the original.

6. Service

If you are not filing as Co-Petitioners, the Petitioner must provide proof to the court that the Respondent was provided with notice of the Petition. Prior to having the Summons served or the waiver and acceptance of service signed, the Summons must be signed by the Clerk’s Office or by an attorney. Personal service is NOT accomplished by mailing the documents to the other party, even if certified. Service must be done in one of the following ways:

Personal Service - The Summons and a copy of the Petition may be served by the Sheriff’s Department or a person age 18 or older who is not a party to the action. The completed Return of Service, which is printed on the back of the Summons (JDF 1414), must then be filed in the Clerk’s Office.

* For further explanation of personal service, please see the following YouTube video . (If you have trouble with the link, you can also go to the YouTube homepage and search for “service of process in Colorado”).

Waiver and Acceptance of Service - The Waiver, which is printed on the back of the Summons (JDF 1414), must be dated, signed by the Respondent before a notary public or a deputy court clerk, and filed in the Clerk’s Office.

7. Respondent files a Response (JDF 1420)

The Respondent must file a Response to the Petition. The filing fee is $95.00. The filing fee may be waived if a party is determined by the court to be indigent. See #3 above for more information about the fee waiver.

The purpose of the Response is for the Respondent to state in writing whether he/she agrees or disagrees with the information in the Petition. The Respondent must file the original with the court and mail a copy to the Petitioner. The Respondent may not be allowed to participate in the permanent orders hearing if he/she has not filed a Response.

8. Setting an Initial Status Conference

An Initial Status Conference is required to be held within 42 days of the date of filing your case. After the Petition is filed with the court, the Domestic Setting Clerk will issue a Case Management Order. The Case Management Order will contain the date of the Initial Status Conference. It is the Petitioner’s responsibility to mail a copy of the Case Management Order with the date of the Initial Status Conference to the Respondent. Failure to attend the Initial Status Conference may result in the dismissal of your case.

9. Sworn Financial Statement (JDF 1111)

The financial statement must be completed for the court to review at the Initial Status Conference. A financial statement must be completed by each party and must include all current and accurate financial information. Parties must provide a copy of their financial statement to one another. Parties must update the court if their financial information changes by filing a new financial statement.

10. Certificate of Compliance with Mandatory Financial Disclosures (JDF 1104)

Each party is required to exchange the Mandatory Disclosures as required by the Colorado Rules of Civil Procedure, Rule 16.2(e). Each party must file with the court the Certification of Compliance, form JDF 1104, to show the court the disclosures have been provided to the other party. DO NOT FILE THE DISCLOSURES THEMSELVES WITH THE COURT, just provide copies of the disclosures to the other party.

11. Parenting Plan (JDF 1113)

Colorado law no longer uses the term “custody.” The law speaks of “Parental Responsibilities” and encourages parents to identify the children’s needs and define how they will assume the responsibility for meeting those needs.

You must submit a parenting plan to the court. If parties have a full agreement, the document must be signed, dated, and notarized by both parties.

A parenting plan is the tool used to define the decision-making responsibilities and parenting time of each parent. It should identify how the parents will make decisions for the children, how they will spend time with each child, and a dispute resolution plan that outlines how the parents will resolve conflict. The terms in the parenting plan should be specific, and should identify only those parties who will have court-ordered parenting time and decision-making responsibilities. Day care providers and babysitters do not need to be included. The parenting plan should incorporate the terms of financial support of the child(ren) pursuant to the child support guidelines and address time of payments.

12. Attending A Parenting Class

You are required to attend a parenting class, and most judicial officers require completion before permanent orders will be entered. You will be issued a Case Management Order which will provide information regarding the required parenting class. Please read the Order carefully and follow the directions to schedule the appropriate class. Failure to attend the class could result in delay of your permanent orders or other sanctions deemed appropriate by the court.

A list of court-approved parenting classes can also be found on the Colorado Court Website.

13. Child Support Worksheets (JDF 1820E)

Child support must be provided for in your case. Parties cannot waive their right to child support. It is mandatory that the child support guidelines worksheet be completed and submitted to the court. It is the responsibility of the parties to make all calculations and have the worksheet completed in accordance with statutory guidelines in order for permanent orders to be entered. Complete the child support worksheet based on the parenting time schedule in your parenting plan.

The child support worksheet may be completed on line on the Colorado Court’s Homepage at courts.state.co.us. Select Forms tab. Select Domestic/Family. Select Electronic Worksheets under Child Support Worksheets Only. The electronic version of the worksheet is in Microsoft Excel format and will use the numbers you enter to calculate child support for your case in accordance with the statutory guidelines. It allows you to print the worksheet with your numbers and party information included. Manual forms (JDF 1820M Worksheet A or JDF 1821M Worksheet B) are also available. If you have questions you may ask the Family Court Facilitator at your Initial Status Conference.

The child support provided in your parenting plan must not be less than the amount determined by the worksheet unless you have a compelling reason.

14. Support Order (JDF 1117)

One of the parties must complete an accurate support order and submit it to the court. Only complete the caption box and party information on the first page (stop where the form says “The Court Orders”), and whether the payments will be made directly between the parties or paid through the Family Support Registry at the bottom of the second page. The support order must have the date of birth and current addresses for both parties and the child(ren). An incomplete support order could delay your child support payments.

The FAMILY SUPPORT REGISTRY (FSR) receives the child support payment, records it, and forwards it to the party to whom it is owed. The FSR creates a payment record which will protect both parties in the future. For more information, call the number below or visit , select Parent tab, then select Family Support Registry link.

If you have been ordered to make payments through the court or FSR, they must be made payable to FSR and mailed to: Family Support Registry

P. O. Box 2171

Denver, CO 80201-2171

(303) 299-9123 or 1-800-374-6558

□ When making a payment to the Family Support Registry, be sure to include the FSR number on the check or money order.

□ You must notify Jefferson County Court in writing of any name and address change. Include both the court case number and the FSR number.

□ You must also notify the Family Support Registry directly of any address change.

15. Order for Allocation Of Parental Responsibilities (JDF 1422)

The order for allocation of parental responsibilities must be completed by one of the parties and submitted to the court. Only complete the caption box, part 2 addressing the court’s jurisdiction, and parts 3-5 addressing party information. The Magistrate or Judge will complete the remaining sections.

16. Alternative Dispute Resolution Options

If you and the other parent cannot reach agreement on some issues, you may be required to complete a form of alternative dispute resolution.

1. Mediation: The mediator is a neutral party and can be an attorney, therapist or other professional. The mediator’s job is to help a couple communicate and to resolve the various aspects of the divorce. Thus, the mediator does not typically make specific recommendations regarding settlement, though some mediators may give their opinion if asked to do so. Couples may attend with or without attorneys, depending upon the preference of the mediator and parties. This is a confidential process and the mediator is not involved in any court proceedings. Mediation services are available through the Colorado State Judicial Department’s Office of Dispute Resolution at (303) 837-3672, Jefferson County Mediation Services at (303) 271-5060, or you may retain a private mediator.

2. Mediation/Arbitration Model: The couple attempts to come to a settlement via mediation. However, if not all of the issues are settled, the mediator puts on a different “hat”, becoming an arbitrator who will make the decision for the parties. In arbitration, the parties or their attorneys present their case, including the use of witnesses and exhibits, to the arbitrator for a decision. This is a confidential process as described above.

3. Collaborative Law Model: This involves attorneys, generally mental health professionals, and or financial specialists, specifically trained in the Collaborative process who work as a team to help the parties develop their own settlement options. The attorneys agree in writing with their clients that they will not participate in litigation, and if the parties choose to leave the Collaborative process in order to pursue litigation, both attorneys agree to be disqualified from further representation and refer the divorcing couple to other attorneys who will represent them in litigation. This model is, in general, confidential though some information that would be useful or otherwise discoverable can be used in court proceedings, such as financial affidavits.

4. ENE or Early Neutral Evaluation: For parenting issues and/or financial issues. This is a confidential process that involves a 2 person team of professionals, generally an attorney and a mental health professional. The team meets with the divorcing couple, and with their attorneys (if they are represented) for a settlement conference. The parties share their stories and information about the separation and family members. The team indicates that, based on the information provided, they would make the following recommendations for settlement. Typically this is focused on the parenting plan for the children, though it can involve recommendations for a financial settlement. After these recommendations are made, the team and the parties then enter into settlement negotiations.

5. Parenting Plan Consultation: There are attorneys and mental health professionals who assist divorcing couples in developing a comprehensive parenting plan. Parties meet with a professional to attempt to reach agreement on the parenting plan to be filed with the court. There are variations to this general model including one that involves interest based negotiation and developmental consultation. This is typically a confidential process.

17. APPOINTMENT OF A LEGAL REPRESENTATIVE FOR THE CHILD OR A CHILD AND FAMILY INVESTIGATOR

If you feel that your child(ren) needs a legal representative, you may ask the court to appoint a legal representative for the child or a child and family investigator (CFI). The court will enter an order for costs, fees and disbursements against any or all of the parties. When a responsible party is indigent, the state may pay the fees of the legal representative or CFI at the appropriate rates. To request appointment of a legal representative or CFI, complete the appropriate motion and order and file with the court. Forms are available on the website. You or the other party may be responsible for paying for the legal representative or CFI.

For more information, see Professional Appointments in Domestic Cases. This document can be found on Colorado Court’s Homepage at courts.state.co.us. Select Courts tab. Under Trial Courts select Courts by County. Select Jefferson. Select Domestic Relations Case Information.

Rev. 8/2012

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JEFFERSON COUNTY DISTRICT COURT

INSTRUCTIONS FOR FILING A NEW ALLOCATION OF PARENTAL RESPONSIBILITIES CASE

PLEASE READ ALL OF THESE INSTRUCTIONS VERY CAREFULLY PRIOR TO FILING YOUR CASE.

COURT STAFF ARE NOT PERMITTED TO PROVIDE LEGAL ADVICE OR HELP YOU COMPLETE THE FORMS.

THESE INSTRUCTIONS ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL ADVICE ABOUT YOUR CASE. IF YOU CHOOSE TO REPRESENT YOURSELF, YOU ARE BOUND BY THE SAME RULES AND PROCEDURES AS AN ATTORNEY.

The Colorado Revised Statutes can be found on the Colorado Court Website

under the Legal Community link.

To help reduce the amount of time you wait in line to file your paperwork, you are strongly encouraged to print forms from the internet, complete them thoroughly, and make copies of the completed forms prior to arriving at the courthouse.

The court provides this information as a courtesy. The court staff cannot answer questions on legal issues. It is your responsibility and not the responsibility of the court clerks or courts to prepare and submit adequate and complete documents. If your case is complex or you have additional questions, please obtain or consult legal counsel.

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