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Questions Answered by Sabra M. Janko
1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My partner's ex wife breaks the parenting plan only when it is "convenient" for her. Does this null and void the plan.

The father of the child agreed to terms for fear of losing his child. 5 years later, the mother of the child does not enforce the parenting plan, and encourages the plan to be broken ESPECIALLY when it is in her benefit.

EX: Father is to have supervised visits. The mother of the child,... Read more »

Sabra M. Janko
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answered on Mar 25, 2023

A parent's failure to comply does not void the court order. Either party can move to enforce the order with the court. Unless Mother has sole decision making, Father should have direct access to medical and educational records.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: If a parent can’t make it to every appointment, can they ask a step parent to go in their place?
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answered on Mar 9, 2023

Generally yes, however it depends on what your court order says. generally a fit parent can delegate care to others of his or her choosing.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: when a parent decided to move out of state leaving child with the other parent does there have to be a full 80/20 split

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Sabra M. Janko
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answered on Mar 8, 2023

The legal standard is the best interests of the child and child support and parenting time are separate matters.

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5 Answers | Asked in Family Law, Immigration Law and Personal Injury for Colorado on
Q: Colorado can you petition for a jury trial in divorce
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answered on Mar 8, 2023

There are no jury trials in domestic relations court.

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2 Answers | Asked in Family Law for Colorado on
Q: If you have Sole decision making, and the other parent only gets supervised visitation, can you move out of state?
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answered on Mar 8, 2023

Relocation is a completely separate matter. You have to have consent or a court order to relocate.

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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: What is the legal term when a parent gets a quick/rushed custody order, as the child is in danger with the other parent
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answered on Mar 7, 2023

That is an emergency hearing. The allegations have to show the the child is in imminent danger. If these allegations are met, a hearing is set within 14 days.

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1 Answer | Asked in Child Custody for Colorado on
Q: I had a permanent orders hearing for custody of my son back in January, but no orders have been put in writing yet and

It is now march, what can I do about this?

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answered on Mar 4, 2023

The court is on its own timeline so you can not compel a faster order. It may be that there is a minute order, an informal order, in the case file that can be obtained earlier. You could also call the court clerk to see if you can find out any information.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What does Order:Motion to Modify The motion/proposed order attached hereto: SO ORDERED. Mean

I filed to modify child support and this what the judge ordered

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answered on Mar 2, 2023

Most likely it means that your request was granted. However without seeing the order it is hard to say. Each courthouse has a self represented litigants center. They might be able to help you.

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1 Answer | Asked in Child Support and Family Law for Colorado on
Q: Are daycare expenses expected to come out of a child support payment in Colorado?

My ex is asking for extra money to pay for daycare fees. I am already paying child support. Am I expected to pay for half the daycare expenses too? My child is in the state of Colorado

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answered on Mar 2, 2023

Generally childcare is included in the child support order. If it is, it is part of the order. If you are ordered to reimburse, then you have to reimburse. If the court has not ordered it, statute requires it, however a court would have to enforce the statute.

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Will Child Support enforcement stop enforcing a CS Order, if both parents agree in writing? This is in Colorado.

Two Children, one has aged out already, the other is turning 18 in August of 2023. He will graduate HS in April of 2023. Both parents agree to stop enforcement of the CS. Will Child Support Enforcement honor this if we both write a letter to Child Support Enforcement?

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answered on Feb 26, 2023

You would have to petition the court to emancipate the child who is your her than 19.

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1 Answer | Asked in Child Custody, Libel & Slander and Family Law for Colorado on
Q: What can I do about my ex turning my kids away from be?

My ex-husband has convinced my children that I was mean, evil, abusive, and negligent to them. He has told them I'm selfish and all I did was party and yell and scream all their lives. He has them so afraid of me they won't even talk to me. He refused and still refuses to discipline them.... Read more »

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answered on Feb 25, 2023

I am sorry to hear about your situation. If he is violating a court order with regards to parenting time, you can enforce the order. Most parenting plans have an anti disparagement clause and if he is violating that, you can enforce the order.

2 Answers | Asked in Family Law for Colorado on
Q: I am acting as supervisor for visitation between my former son-in-law and my grandson. Questions re location of visit.

I live in Colorado, and so far, the visitations have been in the father's home. My question is, does Colorado law prohibit such visitations from including outings to local places? I would even be the driver of the vehicle, if that is required.

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answered on Feb 13, 2023

The court order is what governs supervised parenting time rather than Colorado law.

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1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Colorado on
Q: Could aparent of a child refuse to return child to the guardian after a visit, if there was a safety concern with

My daughter was bit by gaurdians dog and tries to say it was a scratch, i don't want her in her care.

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answered on Feb 13, 2023

A person can withhold a child for safety reasons, however they risk being in violation of a court order if the issue is brought to Court and the Court determines that there was not imminent harm. Generally when a person withholds a child, that person simultaneously files an emergency motion with... Read more »

3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it legal in State of Co. within divorce proceedings ( a 50/50 state) to have one spouse desire to buy out the other

using the bank re-fi value verses the fair market value?

Sabra M. Janko
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answered on Feb 13, 2023

Yes. The parties generally agree to the value of the home for the purposes of property division. They are not bound by the refinance appraisal, but can use any other value to which they can agree.

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1 Answer | Asked in Child Custody for Colorado on
Q: Working for a bank do you automatically get help for legal services?

I filed custody for my kids, and their absent dad said he works for a bank so he has more than enough legal help to fight and gets what he wants out of this custody case. Should I believe him? Do I need to get a lawyer as well?

Sabra M. Janko
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answered on Feb 4, 2023

Some employers offer prepaid legal services as an employee benefit, however it is not likely that all banks offer this option.

2 Answers | Asked in Divorce for Colorado on
Q: I got divorced, was to have my equity by12/30/22. She is finally selling the house. Do I have any recourse for delay?
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answered on Jan 27, 2023

It depends on how the agreement was drafted and the reason for the delay as well as it caused any prejudice to you. However, courts don't usually get involved in enforcing something that has been completed, even if late. There is no one size fits all answer to the question.

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: After the CFI report has been filed, and the magistrate said supplemental/rebuttal report needs filed within 14 days…

Can i write a rebuttal report regarding all of the collateral contacts telling bold faced lies that I have proof of?

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answered on Jan 24, 2023

Only a CFI can write a rebuttal report. However, you can submit whatever evidence you have in your testimony in court. There are rules of evidence surrounding character evidence and impeaching someone. If testimony is admitted about the lie, then you can impeach the lie. The CFI Report will be... Read more »

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1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: When the petitioner needs to change the venue for child custody jurisdiction, does the petitioner need to be re served?

How will the respondent know the jurisdiction is changed?

Sabra M. Janko
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answered on Jan 22, 2023

It depends. Venue can only be changed under certain circumstances. Usually an action has to be filed in the county where the Respondent resides.

The other party has to be notified of every document filed in a case.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: How is a single parent father able to terminate mother parent-child relationship? I have Sole Physical & Legal custody.

My son has a half sister, her father was able to do a termination of mother’s parent-child relationship with a step adoption. I have more than enough substantial evidence to prove mother is an unfit parent. This custody battle has gone on 6-1/2 yrs as long as our son has be alive. Mother... Read more »

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answered on Jan 5, 2023

One parent can't terminate another parent's rights. The step-parent adoption process is an exception. If there is a step-parent willing to adopt and the court decides that is in the parents best interests, then a step-parent can adopt. Parental rights are terminated through the dependency... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Hello, I am currently trying to get my daughter back who is with her paternal grandmother in Florida.

She has been with her for a few years in Florida but she recently came to stay with me over the summer until September. Her grandmother has temporary custody of her (in FL) but there is still a shared customer order in Colorado between her father and I. Her father is not in the picture but she... Read more »

Sabra M. Janko
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answered on Dec 27, 2022

Based on what you are saying, there appear to be conflicting orders. It would be necessary to review the orders before anyone could provide information on how the potential conflict might be resolved.

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