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Questions Answered by Sabra M. Janko
1 Answer | Asked in Child Custody for Colorado on
Q: What do I do after filling custody papers and the other parents keeps asking to see the child and keep her a few days
Sabra M. Janko
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Sabra M. Janko
answered on Apr 6, 2022

If there is no court order, then you should not deny the other parent access unless there are safety reasons.

2 Answers | Asked in Divorce for Colorado on
Q: I have been married for 29 years. Will my husband be entitled to 1/2 of my retirement if we divorce?

I have worked for my entire marriage but my husband hasn't and has no retirement plan.

Sabra M. Janko
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Sabra M. Janko
answered on Apr 4, 2022

He will be entitled to a spousal share, however the percentage depends on the length of service and the overlap with the length of marriage.

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1 Answer | Asked in Domestic Violence for Colorado on
Q: How can I get permission to talk/contact defendant abouy pregnancy when we have a no contact restraining order?

As a victim of a dumb domestic violence case with a no contact with restraining order made by judge which is I against my wishes and 24 weeks pregnant. I already filed for a non harassment order right after first court date... But how can I get permission to talk/contact the defendant in jail about... Read more »

Sabra M. Janko
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Sabra M. Janko
answered on Mar 27, 2022

You should always keep your safety and the safety of the baby in mind. There is a protection order in place for a reason. However, you can ask the prosecutor to modify the protection order in order to allow discussion about children.

1 Answer | Asked in Divorce for Colorado on
Q: When filing divorce paperwork I'm at the part asking about cash on hand and bank accounts.

When filing divorce paperwork I'm at the part asking about cash on hand and bank accounts. We didn't share bank accounts or money. So do I check joint because I had the account while we were together?

Sabra M. Janko
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Sabra M. Janko
answered on Mar 26, 2022

Joint accounts are accounts that are jointly titled. If you have an individual bank account you identify it and mark it individual.

1 Answer | Asked in Child Custody for Colorado on
Q: Mother (Exwife) wants to relocate out of state with child. How often do dads win primary custody in relocation battles

Mother has remarried, has two more children with step-father. We share 50/50 custody of our 8 YO son. Mother and new family want to move out of state. I have a pretty serious lady in my life, but not remarried. Ex and I have a good working relationship and son is doing great in all aspects. 5... Read more »

Sabra M. Janko
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Sabra M. Janko
answered on Mar 23, 2022

Each case is different. It is not about gender but what is in the child's best interests.

"How do I show it's better for him to be with his single dad than whole new family?" That is a question that you have to ask yourself to determine what is in the child's best...
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1 Answer | Asked in Child Support for Colorado on
Q: I received a payment adj. in the mail does the other parent requesting this get to see all of my info or paperwork?

The custodian parent requested an “adjustment” I filled out all the documents and sent them back, haven’t heard anything yet…… does the custodian parent get to see all the paperwork I filled out with all my information on it?

Sabra M. Janko
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Sabra M. Janko
answered on Mar 20, 2022

Yes, both parents have the right to see all of the financial disclosures filed in relation to the case.

1 Answer | Asked in Family Law, Medical Malpractice and Child Custody for Colorado on
Q: My medical records used in custody dispute, without my consent or knowledge via ex. What action can I take?

My ex provided a print out of my medical information from delivery as an exhibit in our custody hearing yesterday without my consent or knowledge in an attempt to slander. Colorado

Sabra M. Janko
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Sabra M. Janko
answered on Mar 12, 2022

I am sorry to har about that. How did you ex obtain a copy of your medical records? Your consent is not required for use as evidence.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Colorado on
Q: Are the details below obstruction of justice and if so, can I file for obstruction of justice?

I am currently in a custody case with 3 individuals. Me, the Father, and his sister/intervener (sister has guardianship) we just went through a Child family investigation and the CFI recommended that the guardianship is no longer in the best interest of my son and that my son should be returned to... Read more »

Sabra M. Janko
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Sabra M. Janko
answered on Mar 10, 2022

A CFI Report not not pertain to "justice" but rather the best interests of the children. Generally prosecutors are not interested in pursuing issues that arise in civil matters. However if you believe that someone behaved inappropriately in the civil case, you can raise that issue in the civil case.

1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: Does cheating on spouse in colorado affect the custody of kids when the cheating parent had a previous dhs investigation
Sabra M. Janko
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Sabra M. Janko
answered on Feb 20, 2022

I am sorry to hear about your situation. Colorado is a no-fault divorce state which means that in general marital fault does not impact parenting time matters. There are exceptions for matter that impact the children and there can be exceptions for economic fault.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: How do I request a child investigator? What is the paperwork?
Sabra M. Janko
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Sabra M. Janko
answered on Feb 19, 2022

You file a motion with the court requesting one and stating the reasons why you believe one is necessary. If you qualify for state payment, then there is no cost to you for the investigator. If you do not, then the investigation is capped at $2750, with each parent generally paying for half of the... Read more »

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2 Answers | Asked in Appeals / Appellate Law and Divorce for Colorado on
Q: Can I appeal a divorce decree?

My x and I had a house in FL. He is former military so it was a VA loan. It went in to pre foreclosure in 2014 while we lived in another country. He was receiving the funds but not paying the mortgage. I came back to the states when I found out and, I managed to get a modification on the house.... Read more »

Sabra M. Janko
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Sabra M. Janko
answered on Feb 15, 2022

I am sorry to hear about your situation. An appeal has to occur within a specific time period and it has to be based on an error of fact or law. No new evidence can be introduced. It is common to divide debts in dissolution. However, if he is not performing a court ordered debt payment, then you... Read more »

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: X agreed that son and I could leave the state. He Changed his mind and now he's in another country. What can I do?

I talked with my x about moving to another state. Initially he agreed. He has a home of record in the state we live in but he does not reside in the state. IF he decides to come get our son, they stay in a hotel or Air BnB. As per custody agreement he's to get our son 6 consecutive days a... Read more »

Sabra M. Janko
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Sabra M. Janko
answered on Feb 14, 2022

I am sorry to hear about your situation. You can move to modify the parenting plan and enforce support. However, you do have to notify him. Generally for post-decree actions you can mail a copy of the filing documents to his last known address. However because you know that he is out of the... Read more »

1 Answer | Asked in Child Custody for Colorado on
Q: If I pay child support on two children that live in two different counties, after I’m done paying support on one,

Do my payments increase for the other child support payments

Sabra M. Janko
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Sabra M. Janko
answered on Feb 5, 2022

Potentially. You would have to run a new child support worksheet to see based on current incomes and number of overnights at that time.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I move out of (CO) state with my son?

We have joint custody and I have primary custody. Parenting time is switch every 2 weeks. My relocation would be to Texas for better living and because I would be able to buy a house there. Our son is 11turning 12 in May.

Sabra M. Janko
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Sabra M. Janko
answered on Jan 17, 2022

You would have to have the other parties cornet or a court order.

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2 Answers | Asked in Child Custody, Family Law and Military Law for Arizona on
Q: Would my husband and I be able to get/keep custody of his daughter if he enlists in the military?

My husband wants to enlist in the military, but he doesn’t want to lose custody of his 2yr old daughter. Right now he and his ex haven’t settled any sort of custody agreement in court, it’s all been verbal agreements. We currently are her primary household, and have been for over a year now.... Read more »

Sabra M. Janko
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Sabra M. Janko
answered on Jan 16, 2022

Courts determine who should have primary custody of a child by applying a number of best interests factors. The fact that you and he have been caring for the child for a year weighs in your favor. There is no clearcut answer as to whether military service impacts a child custody analysis. It... Read more »

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1 Answer | Asked in Divorce for Colorado on
Q: In Colorado is a spouse entitled to monies from the SBA covid business loan in a divorce?

The business is solely mine. I received a sba loan for covid in July. Im am divorcing and am curious if he can take my money in the divorce.

Sabra M. Janko
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Sabra M. Janko
answered on Jan 15, 2022

The loan can only be used for certain business purposes and is not marital property to be divided in a dissolution.

1 Answer | Asked in Business Law and Family Law for Colorado on
Q: Is there a legal obligation to give information to parents of an employee?

If an employee is under the age of 18 from a broken marriage household and does not want the employer to disclose info? for example living with one parent and the other comes in asking when she/he/they are working next?

Sabra M. Janko
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Sabra M. Janko
answered on Jan 10, 2022

This is more on an employment law question however first it is necessary to look at whether someone under age 18 can work. You should repost in employment law. Generally employers can not disseminate employee information to third parties without the consent of the employee, however generally... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you get in trouble if petitioner doesn’t provide correct address to receive response?

Custody case I tried mailing response but person did not put full/correct address on court papers but paper were filed in court.

Sabra M. Janko
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Sabra M. Janko
answered on Jan 9, 2022

A person has to be accurate with their address with the court and failing to do so may be a false statement or it may be an inadvertent mistake depending on the inaccuracy. Also, people often are not aware that they have an obligation to update their address if they relocate.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Me and my wife loss custody to our 3 children it's been 3 years now do we start visitation or go for custody

my question is do we go for custody or does it start with visitation

Sabra M. Janko
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Sabra M. Janko
answered on Jan 9, 2022

It depends on what you mean by lost custody. If your parental rights were terminated then you have to go through the Department of Human Services to request reinstatement.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: To see my son in utah

Me and my ex-wife were divorced four years ago there’s a family plan in place here in Colorado we moved to Utah three years ago where she resides today I was out here in Colorado now we split up she has threatened to have me arrested if I show up at the residence. She has had me arrested before... Read more »

Sabra M. Janko
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Sabra M. Janko
answered on Dec 29, 2021

I am sorry to hear about your situation. It is unclear where you reside and where the child resides. In any event, if she is violating the court order, you can enforce it. Colorado has continuing, exclusive jurisdiction, however if all parties are no longer in the state, a party can petition to... Read more »

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