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Questions Answered by Sabra M. Janko
1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Hair follicle drug test

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Well the court ordered hair follicle drug test for both parties because my ex accuse me of using drugs they gave us 30 days to have the results turned in which was June 7 what is the deadline I turn my results in but they ask who accuse me has not even submitted any test results at all... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 12, 2021

If she has not complied with a court order, then the court order can be moved to be enforced.

1 Answer | Asked in Estate Planning for Colorado on
Q: My husband and I only have our home, bank accounts and retirement accounts. No minors, do we need a willl or a trust?

Our life insurance policies have beneficiaries as do our retirement accounts. We will name each other as agents/beneficiaries and another family member as a secondary agent.

Sabra M. Janko
Sabra M. Janko answered on Jun 6, 2021

It is always a good idea to have a will to ensure that your property passes as you wish rather than by state law. Additionally in your will you appoint a personal representative to handle the estate. Certain retirement accounts may be passed to the other spouse if you have a survivor benefit plan... Read more »

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: In Colorado is a CFI supposed to be non bias. Can their duties be to only investigate o e party.
Sabra M. Janko
Sabra M. Janko answered on Jun 6, 2021

A CFI is appointed by the Court and must be non-biased. The CFI never evaluates a single party but rather speaks to both parents and the children and makes a recommendation about allocation of parental responsibilities.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What do I do if I feel the magistrate has been bias?

I have had temporary custody of my almost 2 year old for a year and a half. The magistrate keeps pushing out our case. During status conferences she only would address the mother. The mother never did anything the court asked her to. Accused me of abusing her and my son and did not submit any... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 25, 2021

It is difficult to establish bias as it has to be based on more than a disagreement with the magistrate's decisions. You will have to have some independent witnesses if you would like to support an allegation of bias.

1 Answer | Asked in Estate Planning for Colorado on
Q: Can my husband try to fight me to get half a house if I plan to but it? We don't share any accts. leave abusive marriage

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I have been planning to leave an emotional and verbally abusive marriage. I am making a safe plan to leave. I got a job and have been pre-approved to buy a home. Will my husband tried to fight for the house if he finds outs? I am sincerely doing this for my safety and my kids. We... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 23, 2021

I am sorry to hear about your situation. In your situation, if you would like to purchase a home before the dissolution is final, it may be best to file for legal separation or wait until after a dissolution to purchase the property. Anything that you purchase after a decree of legal separation is... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: My parenting plan was set so my son would have to go stay with his mom in Florida for the summer. We live in Colorado

She has since moved back to Colorado, am I still required to send him to her house For the whole summer even tho it was specified about exercising her time in Florida. She is refusing to communicate about a new plan even tho she already agreed to a new plan (over text) when she first arrived.i... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 20, 2021

It sounds like you need a modification to the parenting plan based on the move. Given that the intent was that Mother should have summer parenting time, you should allow her the time even though she has relocated closer. You can file a motion to modify parenting time to get the ball rolling if she... Read more »

2 Answers | Asked in Domestic Violence and Family Law for Colorado on
Q: There is currently an active case for abuse against the husband of my sons mother for abusing one of my sons siblings

She is now wanting to exercise her parenting time for the summer. Am I still required to send him to her house for the summer.

Sabra M. Janko
Sabra M. Janko answered on May 20, 2021

I am sorry to hear about your situation. Everyone is obligated to follow the court order in existence. If a modification or an emergency restriction is needed, then it is necessary to file with the court to make the change if there is already an order in existence,

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2 Answers | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: My ex-husband and I both moved to other states after our divorce. We both want to alter the custody part of the divorce.

how do we go about changing the custody agreement? the state we moved from is too far away to fly out just to alter one part of the divorce. I live in Colorado now and he and the children are in New Mexico.

Sabra M. Janko
Sabra M. Janko answered on May 17, 2021

The state that issued the order no longer has jurisdiction since you both and the children have left. If the children live in New Mexico, that is the state that now has jurisdiction.

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1 Answer | Asked in Child Support for Colorado on
Q: Back child support owed?

Child (17) was previously unknown. The mother's rights were terminated when child was 12. Presumably, so was the father's rights because they didn't know who he was but ran legal announcements before the adoption. Child was adopted by a relative & a non-relative. What is the... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 14, 2021

Child support generally only goes back to the time of filing a motion for child support, not before. Here, whether his rights were terminated and/or on whether parentage can be established may also be relevant factors.

2 Answers | Asked in Divorce, Family Law and Collections for Colorado on
Q: How to get my name off a car I cosigned on.

I cosigned for an ex partner, the relationship was abusive and I no longer have any contact with her at all. She has since missed 23 payments on that car and is still affecting my life. How do I go about getting my name off of the car and not hurting my credit anymore than it is already hurt?

Sabra M. Janko
Sabra M. Janko answered on May 11, 2021

If you are married, you can file for dissolution and property settlement. If not, when you co-signed, you agreed to pay if she did not. Absent her consent to refinance in her own name, you are legally obligated to pay if she does not.

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1 Answer | Asked in Antitrust, Civil Litigation, Civil Rights and Military Law for Arizona on
Q: girlfriends mom ran some kind of background check without my consent. Finding out a shoplifting case from 5-6 years ago

It was something I wanted private because the case was dismissed. And from what my girlfriend said, "Her mom knows people" and that really puts me in allot of unease.

I guess a useful piece of information is that her mom is in the military, so I'm not sure I'd... Read more »

Sabra M. Janko
Sabra M. Janko answered on May 8, 2021

Criminal records are publicly available. There is no consent required to obtain publicly available information.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Child is refusing to go with parent, Due to parent being intoxicated and aggressive. Should I file an Emergency order?
Sabra M. Janko
Sabra M. Janko answered on May 4, 2021

It depends on what you mean by aggressive. A emergency restriction requires proving that the parent is endangering the child.

1 Answer | Asked in Criminal Law and Family Law for Colorado on
Q: Is a parent destroying a child's clothing and personal belongings abusive? Is this something that CPS should know about?
Sabra M. Janko
Sabra M. Janko answered on May 4, 2021

If the parent did tis in front of the child it could be considered emotionally abusive.

1 Answer | Asked in Child Support for Colorado on
Q: Child support office has wrong amount owed in system.

I have arrears that need paying. Close to 8k. I’ve paid and have proof of paying close to 3500 of those arrears. Child support is saying I’ve only paid 1k even after sending them the proof. What can I do to get them to change the balance owed?

Sabra M. Janko
Sabra M. Janko answered on May 3, 2021

I am sorry to hear about your situation. You may want to ask them why they are not crediting all of your proof, or have an attorney coordinate that issue with them for you.

1 Answer | Asked in Divorce for Colorado on
Q: Finalizing an uncontested divorce. Retirement DRO for government pension plan.

Not vested, married 7 years, 15k in contributions, retire in 2054 with estimated $3500 lifetime payments, 1 child

Sabra M. Janko
Sabra M. Janko answered on May 1, 2021

You will have to obtain a dividing order prepared by someone who specializes in the field. Then one or the other of you will have to file it with your employer.

1 Answer | Asked in Child Support for Colorado on
Q: Until what age is child support paid in Colorado
Sabra M. Janko
Sabra M. Janko answered on Apr 30, 2021

Child support is paid until age 19 in Colorado.

2 Answers | Asked in Divorce for Colorado on
Q: Husband refinanced home without my name on it but we are married. Do I have legal claim in divorce.

Married 20 yrs. It’s been owned home before marriage. He has refinanced three times and never put my name on the house.

Sabra M. Janko
Sabra M. Janko answered on Apr 30, 2021

You have an equity interest in the home appreciation that occurred during the marriage regardless of whose name in on the deed.

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1 Answer | Asked in Family Law, Adoption and Child Custody for Colorado on
Q: can CPS take your kids and place them in foster care with nothing other than assumptions?

They took my kids all because they assumed that they werent with my mom, they literally tailed my mom and followed her and they couldnt see my kids through tinted windows. When they did come in contact with my mom, she had them with her, but because she was in my neighborhood (1 block away mind... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 30, 2021

If CPS determines that the children may be in danger, they can place them in foster care. You will have an opportunity in the course of the investigation to explain why you. believe they were not in danger.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: In cps cases can they use false reports from a police report against u
Sabra M. Janko
Sabra M. Janko answered on Apr 29, 2021

I am sorry to hear about your situation. Police reports can be considered in CPS cases. If you believe the report is false, you can provide the information that exists that shows that they are false.

1 Answer | Asked in Family Law for Colorado on
Q: This is a guardianship matter for my brother whom is a adult. He is in the four corners health care center in durango.

My cousin has filed for guardianship of him and we do not want her to be his guardian nor does my brother. She did not put any of his sisters on the forms to be contacted and she has a court date on may 12th. Please help I want to be guardian of my brother. My name is and my sister's name is... Read more »

Sabra M. Janko
Sabra M. Janko answered on Apr 26, 2021

I am sorry to hear about your situation. It sounds like you may want to file a motion to intervene in the guardianship case.

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