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Questions Answered by Sabra M. Janko
1 Answer | Asked in Family Law for Colorado on
Q: limited scope lawyers

I am the petitioner in the case; Can an attorney for the other party send me emails about matters even though she has withdrew from the case months before? Can she also draft paper work for the other party who is now pro se, without entering into the case again? When confronted about her no longer... View More

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answered on Apr 7, 2024

She might be representing the client in a limited scope capacity in which case she could communicate with you. If she is working in a limited scope capacity, she does not have to enter an appearance depending on whether she is representing in court or not. Though she should disclose to you if she... View More

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I was ordered in custody court to take weekly random UA’s and have the results reported to my co-parent…

My co-parent and I were never legally married, and he was in fact, just recently released from parole. He hasn’t given one UA, nor provided results of any of his UA’s to the courts while I have submitted at least 42 clean ones. I feel violated being ordered to now take weekly random UA’s and... View More

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answered on Dec 30, 2023

If you were ordered to take weekly UAs, it was for the safety of your clild. Congratulations on having clean UAs. The best thing that you can do is continue having them. If you do, when the court is satisfied as to the safety of the child, then the court will modify the order requiring that you... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: In Colorado, can the JDF208 request for state pay for a professional be hidden from opposing party during e-filing?

If so, what document upload category in the e-file system would hide it from opposing party? I know it will be hidden from public view, but I don't want opposing party to see my financials.

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answered on Dec 17, 2023

There is no way to file a document without the name of the document being visible in the docket. Court filings are public records so there are no secret filings that only the court can see. You can request to seal a document, however because the actual application for state payment is not visible... View More

1 Answer | Asked in Child Custody for Colorado on
Q: after contempt of court is in effect what else can you do to get your child back

can i suspend visitation or put in an emergency restrict of parenting time motion into the court? my son is 13 and refuses to come home because his dad told him that iam a fellon, which is true however this dosen't effect my parenting our son, I was a fellon when we had our child it was never... View More

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answered on Dec 28, 2023

I am sorry to hear about your situation. You do not have the authority to restrict another party's court-ordered parenting time absent safety concerns that you can support with evidence and even then you would have to request a modified order from the court related to that.

1 Answer | Asked in Family Law for Colorado on
Q: I had restrictions put on my parenting time, if I follow all of the mediations set forth,how long before removal?

Child abuse case stemming from alcohol abuse. Parent was able to document bruises and marks NOT CAUSED BY ABUSE but by a 3 year old playing like a 3 year old does.. wobbly and wobbly... and more wobbly.. causing some normal wear and tear on her body, but nothing EVER in the way of a hit or punch or... View More

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answered on Nov 30, 2023

If this was a restriction in domestic relations court, then you can file a motion to modify parenting time and decision making. You will have to satisfy the court that the child is not in danger due to your actions or environmental situation.

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: My wife passed away in 2021. I just got remarried. How does my new wife adopt the kids? In case something happens to me.
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answered on Nov 30, 2023

I am sorry to hear about your wife. Your new wife can adopt the children through a stepparent adoption.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: When a temporary court order is vacated does the original order go back in place?

My child's father and I have had a parenting plan filed with the court since 2011 where I am the custodial parent and he gets visitation every other weekend. After an argument I had with my 18 year old my son went to his father's and was not returned. After being gone for 3 weeks his... View More

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answered on Nov 26, 2023

If the court completely vacated the temporary restriction, then the original order goes back into place. However sometimes the court will vacate the restriction but implement new provisions so you want to make sure that you completely understand any order that was a result of the emergency motion.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Am i able to get custody of my step son?

My step son was born in mexico mom has not been involed in his lfe for a little over 2 yrs i am married to his bio father

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answered on Oct 27, 2023

If biological Mother has abandoned the child then you can apply for stepparent adoption. Biological Mother must be informed of the action and receive the opportunity to be heard. If she consents then the process is much easier than if she contests. In my experience biological parents who have not... View More

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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I have paid the mortgage for 7 years while my husband didn't contribute. Do I need to split the house 50/50 in divorce?

I bought the house in my name. He has never been on the title. I paid the mortgage all 7 years. I have paid all the utilities and he has given me cash for the last 5 years, in an amount that didn't cover all utility costs. I was primarily responsible for all inside cleaning and projects. He... View More

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answered on Oct 25, 2023

Funds earned during the marriage are marital funds regardless of which party earns them or pays expenses with them. Unless you paid with funds that you had earned prior to the marriage and kept those funds in a separate bank account throughout the marriage then each of you have an equitable... View More

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2 Answers | Asked in Family Law for Colorado on
Q: Will a Colorado judge order a noncustodial parent to purchase a vehicle and cover the cost of car insurance for a child

Non-custodial parent lives out of state and has no contact with child. Parenting plan does not outline any agreement in regards to providing child with a vehicle. Custodial parent is demanding a car be purchased or else “the court will order it be purchased”

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answered on Oct 25, 2023

It is not very likely that a court would order a parent to purchase a vehicle or to cover vehicle insurance alone, however at least one court has previously ordered a sharing of vehicle insurance for a teenager. It is not common for a court to order a parent to purchase an item.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: If I get child support from my kids dad and I've had her always but never had custody arrangements can he come take her

I've had her her whole 6 years of her life, he's had her stay the night once. He pays me child support through the county. Her address is my address, all of her stuff is here and she doesn't want to go.

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answered on Oct 9, 2023

It sounds like you need an allocation of parental responsibilities (child custody) order. Without one either of you have access to the child. The fact that he pays support does not give him a superior right to the child.

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: can I get my money back for a car that was always a gift?

I was a stay-at-home wife for 10 years in 2021 my ex bought me a car as a gift of $750. Per month he made the payments from a separate account it never came out of the joint account I have a joint account yearly statement for 2021/2022 on 7/5/2022 we separated in September I was being forced to... View More

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answered on Oct 1, 2023

It is unclear where you are in the case. You are required to comply with any mediated agreement or court order. It is also not clear what you mean by the fact that he "put you in debt". A gift can either be to one party or to the marriage so it would be necessary to present evidence if... View More

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: the father of my child never got legitimize moved of state for better Medical care for a relapse of multiple sclerosis

Since I’ve been in Colorado state, after visiting the child’s father has filed for the legitimization, sole custody and child support in the county where he resides . I was served a hand delivered summons of him requesting legitimization, sole custody and child support . The summons that I... View More

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answered on Sep 30, 2023

He would have filed a petition or motion to which you have 21 or 35 days to respond depending whether you are in state or out of state. This is where you can provide your position about anything that you believe is wrong about his information.

2 Answers | Asked in Divorce, Child Custody and Health Care Law for Colorado on
Q: Can I request food logs from my wife’s lawyer concerning my daughter’s metabolic disease PKU her levels continue to rise

Oh haven’t seen my daughter in 210 days because my wife is manipulating the system in order to have sole custody and decision making. In those 210 days my daughters lab results have been consistently rising and it’s causing concern. Just wondering my options. I can’t afford an attorney but... View More

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answered on Sep 30, 2023

You would be better off attempting to obtain medical records rather than attempting to make a medical determination yourself. The records are protected by HIPPA, however as a parent you are entitled to the medical records of your child which you can obtain from the medical facility itself.

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1 Answer | Asked in Family Law for Colorado on
Q: Is there a time limit for temporary orders in an APR case?
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answered on Sep 30, 2023

Generally a temporary orders hearing is requested at the initial status conference. After request, it is scheduled within 60 days. Each county differs in how much time it takes for the hearing to be set.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: In the middle of custody trial, ex asked for primary custody.

I have maintained primary for 10 years (our son's entire life). We live in different states and I was given primary interim custody. I have no personal issues or concerns and have always been a great parent. Our son is doing great. What is the likelihood the judge would entertain his request... View More

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answered on Sep 14, 2023

If there is already a court order, unless you have relocated since the last order, he would have to show endangerment to change primary parenting time.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Colorado on
Q: i am looking for the correct "vehicle" In regards to Motion to dismiss___?____

Based on inaccurate, misleading affidavit for arrest warrant. The call to 911 was very inaccurate. Witness statements contradicting themself. police filled in part of victim statement form, to appear as if she filled part the refused the rest. (refused entirely) Officer called left message then... View More

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answered on Sep 12, 2023

Your remedy is to contest the credibility of the investigation in court. The fact that you do not agree with how the investigation was conducted is not grounds for a motion to dismiss.

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: How do I fight a potential spousal support judgement?

So my husband and I had our status conference today and at which point he decided that he did not want to go with the separation agreement that we both agreed on and is now potentially asking for spousal support. How do I show that he is just a gold digger and after money.? He has committed... View More

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answered on Sep 12, 2023

You can ask that income be imputed to him at the wage that he is capable of earning. Some would hire a vocational evaluator expert witness to do this. You can also provide copies of prior pay statements to indicate what you believe that he is capable of earning. However he may come up with reasons... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: How do you proceed to petition for a reversal of a legal separation decree?
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answered on Sep 12, 2023

Once the decree is issued, it can not be reversed. You can only move to dissolve the marriage. Then if the purpose of your question is that you want to be married, you can get married again.

3 Answers | Asked in Family Law, Child Custody, Child Support and International Law for Colorado on
Q: Does my ex-husband have a chance

He resides in Saudi Arabia and the UAE is looking to BAN him from the middle east for stealing money.

He recently got a lawyer asking that our son come to visit for 3/4 months with him. Current agreement is 6 days a month as he was in the US at the time.Our son is remote learning in a US... View More

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answered on Sep 5, 2023

If he files a motion for modification or an initial petition for parenting time, you can provide relevant evidence in response, whether it relates to safety concerns or financial matters. Courts do generally want both parents to have contact with children, however absent abuse or neglect.

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