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Questions Answered by Sabra M. Janko
1 Answer | Asked in Contracts, Divorce and Family Law for Colorado on
Q: How to take an ex common law marriage partner off your child birth certificate?

We were common law married only thing we had with each other is the birth certificate I want to relinquish her rights to my child and have sole custody but she can have visitation

Sabra M. Janko
Sabra M. Janko answered on Nov 16, 2020

You can file a motion for allocation of parental responsibilities to set forth custody, however you can not take a parent's name off of the birth certificate.

1 Answer | Asked in Child Support for Colorado on
Q: I can't get my daughters dad served for child support order

I filed for child support the last week of July 2020. The case worker can not get his address verified....what happens next? I do not have his address or phone number as he will not provide me with that information. No update from the case worker since the last week of September

Sabra M. Janko
Sabra M. Janko answered on Nov 16, 2020

You could file a motion for service by publication if you have made diligent efforts to locate him. You will have to describe the efforts in the motion and if granted, you can publish notice in a local newspaper for a period of time and then the court will have jurisdiction to consider the issues.

1 Answer | Asked in Child Support for Colorado on
Q: Do you still pay child support for an 18 year old that no longer lives at home?

My 18 year old stepson lives independently. He has limited contact with my husband and myself, and his mother. His mother is insisting that we should still pay her child support because she has chosen to keep him on her health insurance. He would qualify to be on his mother’s health insurance... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 16, 2020

It depends on the support order but child support generally continues until age 19. There are times where a child can become emancipated before then, however if the parents don't agree on that, it is an issue for the court to decide.

1 Answer | Asked in Child Support for Colorado on
Q: I am picking up my girlfriends kids every day from school. The father pays child support to the mother.

He also lives in another state, so he cant help full time working mom pick up kids(not that he would if he was here). I am paid hourly and have lost money to help mom out. Can I send the father a receipt for my gas, mileage, or lost wages for picking up his kids?

Sabra M. Janko
Sabra M. Janko answered on Nov 16, 2020

Childcare expense should be factored into Mom's child support so it is worth checking the support order to make sure that this is the case.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Where can I find voluntary parental right termination forms?

We have had permanent guardianship of a boy who is not biologically related to either of us. His parents have been out of the picture for a while now and we want to adopt him. I would like to send them both a form to voluntarily terminate their rights to make the process go smoother.

Sabra M. Janko
Sabra M. Janko answered on Nov 15, 2020

There is no form. It is possible for a parent to agree to terminate parental rights if there is another fit person, usually a step-parent, available to adopt them. However a court proceeding is required and a court would have to approve the request. If you have guardianship through a juvenile court... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: is it considered best interest of the child to be with their mother instead of daycare?

I have joint custody of my children part of the week. My ex husbands babysitter quit and I would like to watch the kids on Fridays (not a school day for them and i work from home). He is denying me that possibility (he has a narcissistic personality and I feel is a way of controlling and hurting... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 15, 2020

Although there is no automatic right to care for a child during another parent's parenting time simply because the other parent has hired a babysitter during their work day, you could request a modification based on the best interests of the child if you can show that your availability is... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: Custody is 50/50. Primarily reside with me.

The child is currently in a daycare not approved by both parents. Am I allowed to take my child out of daycare since we both have custody but only one person made that decision. And it's not even daycare. Is some woman's house that has six kids living in there. Am I legally allowed to go... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 15, 2020

You can take your child during your parenting time if you have a court order. However, as far as whether you can take your child out of daycare that you did not both agree to, if it is not during your parenting time, then you can not. Often parties have joint decision making for major decisions and... Read more »

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: The mother has already asked me to pick up the daughter this weekend. How do I get custodial rights while she is in jail
Sabra M. Janko
Sabra M. Janko answered on Nov 15, 2020

It depends on a number of factors, for example whether the mother will agree and for what and for how long she is in jail. Courts consider custody matters based on the best interests of the child. If you are looking at temporary custody and the mother will agree, then you and she can file a... Read more »

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2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: My niece lives in New Mexico and has a warrant for her arrest for burglary she has an 8-year-old daughter and the dad's

Not in the picture. Can I go pick the daughter up and take custody of her?

Sabra M. Janko
Sabra M. Janko answered on Nov 15, 2020

Having a warrant for arrest is not grounds to lose parenting rights. If the mother would consent to having the chid in your care, you and she could sign a stipulation that could be filed where the child is located and issued as a court order. Some states have an administrative consent process... Read more »

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2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: I havent seen my daughter in 3yrs. I pay child support and the mother makes excuses to not let me see her. Help.

The mother has more financial help from her husband and to top it off gets a substantial amount of money from tax returns (has 3 kids) she took off with my daughter(4yrs old) to Ohio for 3yrs and just recently married and moved to Iowa. My daughter was born in south dakota and when the mom left I... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 15, 2020

I am sorry to hear about your situation. If there is a parenting time order, then you can enforce it. If you do not have an order, then you could ask a court to issue one. You are entitled to time with your child. The state where the child has lived for the past six months is the state that has... Read more »

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2 Answers | Asked in Adoption and Family Law for Colorado on
Q: In the state of Colorado, can i go through the step parent adoption process successfully without a lawyer?

My son is almost 9 and my son's father hasn't had contact with him much over his life. We split up before he was born, he's not listed on his birth certificate, however there was a dna test done when he was about 5 months old by social services to prove relationship for child support... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 16, 2020

There is not requirement to have an attorney but it is certainly helpful to have the assistance of someone who knows how the legal system works. If your husband is willing to adopt your son, then you can file an action for that. It will be easiest if your ex will consent. There will be a court... Read more »

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2 Answers | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: Are braces for a child covered under child support?
Sabra M. Janko
Sabra M. Janko answered on Nov 15, 2020

Generally under a child support order, the parties share the expense of medical and dental insurance premiums and share the cost of unreimbursed medical and dental expenses but each order is different. You should review your order and your dental coverage.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: How do I file a motion based off this bill to see if I can get my daughter back. She has been in the system since 2012.

Rights we're terminated in 2015/2016 I believe. And she is still not been adopted. Given back to state 3 times. I have bettered myself got sober and regained custody of 2 other children. I don't have money for lawyer and I would like to try to file papers on my own. She is in custody of... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 7, 2020

You would have to contact the Department of Human Services given that your rights have been terminated. They could initiate an action on your behalf if the determine that you have taken the steps that you need to parent effectively.

2 Answers | Asked in Child Support for Colorado on
Q: I'm so confused.... Is there a statute of limitations on back child support in Colorado? Ordered in 05, exp 12/2015
Sabra M. Janko
Sabra M. Janko answered on Aug 7, 2020

There is not. Back child support can be collected, however there may be a limitation on interest if collection action was not timely pursued.

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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: My sister has custody of my child (8) and my child has expressed that she wants to live with me. How can I go about

honoring my childs wishes? Without having to make it hard on my child?

Sabra M. Janko
Sabra M. Janko answered on Aug 7, 2020

I agree with the last answer. What you would do to pursue a change of custody depends on how your child was placed with your sister.

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1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: if my ex and I filed for custody and divorce, how would the custody be dismissed and us not notified?

i have been in the process of modifying the custody/parenting plan when i found out that we did not have a custody agreement on file. we filed for a civil divorce and custody at the same time. why would the custody be dismissed and is their a possibility the divorce was also dismissed?

Sabra M. Janko
Sabra M. Janko answered on Aug 5, 2020

Courts send copies of any orders issued in the case to the parties attorneys or the addresses provided to the court by the parties. You can also check with the court Clerck's office. In some locations you can sign up for electronic filing which will allow you see everything in your court case... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is an rv parked in a walmart parking lot an appropriate housing arrangement for a father/daughter (6) to live?

My ex moved from an apartment into an RV with only one bedroom parked in walmart parking lot. I feel as if this is an unsuitable living situation for my 6 y/o daughter. He currently has weekend overnights court ordered but I do not feel as if the RV is a safe place for her to stay. If I do not... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 3, 2020

You should file a motion to modify if you are concerned about accommodations, though you risk violation of the order if you do not comply for reasons less than endangerment. Though weekend parenting time in an RV is not ideal when not for the purpose of camping, that alone does not constitute... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for Colorado on
Q: I'm being charged with this crime. What punishment can I expect to receive
Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2020

You have not identified the crime, however even if you had, the answer is going to be that it depends on what the evidence will show.

1 Answer | Asked in Child Custody for Colorado on
Q: What legal action can I take if being denied parenting time ?

Me and my daughters dad have a judge signed court ordered visitation plan , he has been denying me my visitation and keeping my daughter away from me . What do I do ?

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2020

You can file a motion to enforce or a motion for contempt to enforce the order.

1 Answer | Asked in Child Custody for Colorado on
Q: How do i get emergency contempt of court for daycare/school quickly?

Inshare parenting time 50/50 with my co parent. Literally final orders happened last week. We have a school age child with medical issues, specifically respiratory issues. The final orders state they remain in the same daycare my daughter has been in for 6 years. With Covid the daycare states they... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 31, 2020

You can file a motion for contempt or to enforce, however he can also file for a modification of child support if he can not pay. He would have to show a substantial and continuing change in his income. Being laid off may not establish that. You could ask to have income imputed to him and ask him... Read more »

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