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Questions Answered by Sabra M. Janko
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 »

2 Answers | Asked in Divorce, Family Law and Military Law for Florida on
Q: What can my girlfriend do if her husband doesn’t want to get a divorce and he is blackmailing her to stay with him?

My girlfriend is being blacked mailed by her husband and threatening her that he will ruin her career and take everything away from her if she divorces him. He verbally and emotionally abused her. He uses religion to shame her and family as well. He has emails, text messages and pictures of us and... Read more »

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

She can file for a protection order which, if she prevails, will prevent him from contacting or harassing her. She can also file for divorce and then deal with any issues subsequent that actually arise appropriately.

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1 Answer | Asked in Child Custody, Criminal Law and Family Law for Colorado on
Q: can a parent take kids away when a custody agreement is in place when there is a non felony court date

This weekend was his visitation and he decided to keep my daughters when we have a custody agreement in place, i was not notified of anything until i contacted him waiting for my daughters to show at the arranged spot and he waited 45 min or more to message me after i texted and sent message over... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 28, 2020

It is not entirely clear what happened however if there is an issue of child abuse on your part there are situations where you could be prevented from contact with the children.

2 Answers | Asked in Family Law for Colorado on
Q: Can a reply be filed to court if i received "petitioner's response to motion concerning parenting time disputes"?

Petitioner's lawyer also filed "order:re response to the motion parenting time dispute" with boxes for district court judge to sign basically ask for lawyer fee when i don't have a lawyer. How should i respond to this "order:re"/ can i respond to oppose it?

Sabra M. Janko
Sabra M. Janko answered on Jul 26, 2020

You have 7 days to file a reply and the other party is represented, you should be represented as well.

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1 Answer | Asked in Estate Planning for Colorado on
Q: Is there a statute of Limitations re an inheritance claim in NM? My father died in 2017.

I don't know if he had a valid will @ the time of his death. I am the only surviving child. Since his re-marriage, we've been estranged.

Sabra M. Janko
Sabra M. Janko answered on Jul 25, 2020

You will want to post this in the NM forum. State law governs estate issues.

1 Answer | Asked in Child Custody, Education Law, Family Law and Public Benefits for Colorado on
Q: When I am of legal age in the state of Colorado (18) do my guardians have any control over the location of my education
Sabra M. Janko
Sabra M. Janko answered on Jul 25, 2020

It depends on the nature of the guardianship and what it provides for. Usually those past the age of 18 do not have guardians.

1 Answer | Asked in Child Custody, Health Care Law and Libel & Slander for Colorado on
Q: Is it legal to photograph the inside of classrooms when there is no student info in the photos at all?

Are people allowed to take photos inside of schools? Being sure to keep all personal information out of the photo.

Sabra M. Janko
Sabra M. Janko answered on Jul 19, 2020

You would have to check with the school district on their policies, however there is no law that prohibits taking photographs inside of schools.

1 Answer | Asked in Employment Law and Military Law for Hawaii on
Q: I have moved to South Korea with my military spouse. Can I receive unemployment benefits from the state of Hawaii?
Sabra M. Janko
Sabra M. Janko answered on Jul 17, 2020

You should speak with the Hawaii unemployment department. Each state has different provisions for unemployment and this information can be obtained from the department. It is not a question requiring the assistance of an attorney.

1 Answer | Asked in Child Support for Colorado on
Q: Can I include GF's children who reside with me and I help support when completing the financial paperwork for support?

Question states: I am legally responsible for the following children not of this relationship who reside with me. Then asks for the birth certificates and proof of residence (Which I can provide)

Sabra M. Janko
Sabra M. Janko answered on Jul 17, 2020

Unless you are legally responsible for your girlfriend's children, which is not likely, then you would not be able to include them. This provision is generally intended for parents who have a legal responsibility to their children, but do not have a formal child support order.

1 Answer | Asked in Federal Crimes and Military Law for California on
Q: If I claim to be a veteran in order to obtain a discount from a company, would that be considered stolen valor?

If its not stolen valor, would it be a violation of any other law? Sources would be appreciated. Thank you.

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

Even if it is not stolen valor, if you are not a veteran it would be fraud.

1 Answer | Asked in Libel & Slander, Family Law and Civil Rights for Colorado on
Q: For the last year I have been dealing with my boyfriend’s ex. I have dealt with defamation and lies she makes up on

social media. She constantly makes various profiles to try and contact me and has added my friends and family. Over the last year she has sent people to break my car windows on 4 separate occasions, yet the police say that the video footage is not enough to connect the vandalism to her. I would... Read more »

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

It depends on the nature of the communications. As for the photos, you would have to connect her to the damage somehow.

1 Answer | Asked in Divorce, Employment Law, Estate Planning and Family Law for Colorado on
Q: If I have to take a lower paying job to be close to my children will the court see this as under-employment?

My ex insists on living in a rural community where there are zero job opportunities for my career. To continue to work in my career I have to live in NYC. My children are suffering in bad schools full of high-school drop outs, getting into drugs and lots a bad stuff. I need to be with them and... Read more »

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

This is something that is within the discretion of a Judge so will depend on the evidentiary presentation.

1 Answer | Asked in Child Custody for Colorado on
Q: 50/50 custody. Ex-wife moved with son out of state. Son is 12 and wants to live in CO with Dad. Can the mom refuse?

There is a parenting plan which the ex-wife hasn't fully complied with. Their son lived in CO his whole life and in IL the past 2 years and has expressed to his mom that he doesn't want to go back. Does the mom have the final say so

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

The current plan is what is enforceable. If you would like to request a change you can request a court modification to the order.

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