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Questions Answered by Sabra M. Janko
1 Answer | Asked in Family Law for Colorado on
Q: If the court order does not list certain things in a parenting plan, do I follow the court order or the parenting plan?

The mother of my child submitted a modification of parenting plan due to me not visiting my son (but mistake on my part). The modification was requesting that I do parenting classes, a psych evaluation, and reunification therapy. When I received the court order it specifically states that I should... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 12, 2020

It would be necessary to see the documents to inform you as to what you rights and obligations under them are. Sometimes a court order only modifies certain aspects of a parenting plan and the other provisions carry forward.

1 Answer | Asked in Family Law for Colorado on
Q: I have a 3 year old son from a previous relationship.My husband hit me last year. Can I loose my son if I keep him aroun

My son was born and conceived before I met my husband and even thought of marriage. He put his hands on me last year when my son wasn't around he was with my mom for some quality time. If I continue to be married will I loose my son. Or can we find a way to work this out and continue... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 12, 2020

If he harms your son, then that will not bode well for you as a parent in the event of a custody dispute.

1 Answer | Asked in Family Law and Landlord - Tenant for Colorado on
Q: If a apartment manger is dating a tentant that is renting a apartment in that building can he or she be reported to hou

House authorities . Concern this intersrest of complex

Sabra M. Janko
Sabra M. Janko answered on Jul 12, 2020

Generally there is no prohibition against an apartment manager dating a tenant, unless the apartment manger's employer prohibits it.

2 Answers | Asked in Family Law for Colorado on
Q: I need to get an extension on the court ordered date to give my former spouse 50% of the home equity, how can I do that?

The date to give it to her is 1 Sept 2020. We filed a CH7 BR together in Sept 2019 and lenders won't let me do a Refi until 1 year after the CH 7 was discharged. So getting the 50% equity out won't be able to be done until mid Sept - mid Oct. Getting a 45-60 day extension would allow me... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 12, 2020

If this is a property settlement, then it can not be modified absent agreement of the other party. If the bankruptcy stay prevents you from taking a property settlement action, that is an exception, however if the situation is just that the bank won't let you refinance for a year, that is not... Read more »

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1 Answer | Asked in Family Law for Colorado on
Q: Is it legal for a spouse to plant a hidden recording device in my home office?
Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

It can be considered stalking under the right circumstances.

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: If I am considered disabled and I inherit a house worth $350,000 can a very old child support case put a lien on it?

Also, because of my disability child support has not pursued me for quite some time now

Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

A child support lien can be placed on a real property asset regardless of the age of the support case.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Colorado on
Q: Can a 17 year old press charges on a 20 year old without parental consent or do the parents need to approve?

So my sister is 17 and we’ve been fighting a lot. I’m 20 and she tells me if I get into a physical altercation with her she’ll press charges. We live in the same house but the address on my ID is different. Can I get into trouble for physically fighting with her? I also have a daughter so if... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

Anyone can report a crime to the police.

1 Answer | Asked in Child Custody for Colorado on
Q: Can I move out of state for job offer if I have full primary an legal custody, and mother already moved to iowa?

I live in Colorado And have primary and legal custody the mother was defaulted on divorce and relocated to Iowa 7 months ago before divorce was final. She has no visitations the 1st year and only the summer after if she has a place to live being basically homeless now. I have a job offer in CA .... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

Under Colorado law, if the move will substantially change the geographic ties, then you must have her consent or a court order.

1 Answer | Asked in Criminal Law, Divorce and Wrongful Death for Colorado on
Q: What is the right way for the parents of the victim to approach County DA to claim murder by her cop husband vs suicide?

MINNESOTA CASE VS. PEACE OFFICER, ROGUE COP

Private invest results show suspect to have ended his last three marriages with a Chapter 7 bankruptcy, establishing a modus operandi of using his past wives to bankroll personal improvements in his education, motorcycles, houses...all ending in... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

If you believe a crime has been committed, then you should report it to the police.

1 Answer | Asked in Child Support for Colorado on
Q: I am paying child support and the other party states they are unemployed what is their financial responsibility?
Sabra M. Janko
Sabra M. Janko answered on Jul 7, 2020

You can ask to have income imputed to them for child support purposes if they are voluntarily unemployed.

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Child 34, Father,I have not lived together since she was 1.abanded No divorce Does he still owe back child support

We've been married since 1986 but never lived together or filed taxes as a married couple No communication until child was 16. He has never paid child support. (Ever) I had papers for divorce sent to his mom's house in 1988, he never signed. We both through the years been in relationships... Read more »

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

You are only eligible for child support from the time that you file a petition for it.

1 Answer | Asked in Child Support for Colorado on
Q: My sons fathers mother ( bio grandmother) has been seeking child support from me for two years. It’s an interstate case

Father also has interstate case I thought. The case worker told me today she had filed two years ago in Texas bc father has never been served and I’ve spent over 10k fighting this. I called Tx OAG and they told me there has never been an active case on either party.. I.e grandmother or fathers... Read more »

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

It would be important to know more details. The authoritative source would be the child support order and any judgment. That would set forth rights and obligations and any court order for compensation.

1 Answer | Asked in Child Custody and Criminal Law for Colorado on
Q: My 16 yr son is on probation can I send him to brother in WV and how do I legally?

He’s on probation for 10 more days his po wont call me back he’s complied with all requests but he’s sneaking out at night he’s getting into trouble with me and I fear he’s only going to get worse. My brother is here from WV and we would all like him to go with him and I need to know how... Read more »

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

This is really more of a criminal law question and depends on the terms of the probation. Often a person can not leave the state while on probation. This is a question for the PO.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Me and my ex have a 3 month old in CO. I want to take her to AL for 2 weeks to meet my dad. Do I need his permission?

We were never married and we have never done any legal custody stuff, I just let him see her whenever he wants too, which isn’t very often. When I asked he said no just to spite me saying he never wanted her to ever see my family. Do I need his permission or can I take her to meet my dad anyway?... Read more »

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

Generally unless you have filed for dissolution or an allocation of responsibilities, either parent can travel with a child, however one parent can not withhold a child from the other.

2 Answers | Asked in Divorce for Colorado on
Q: Hi. Was married in September 1995, he left in May 2015. 2 children, 18 in November. Am I eligible for maintenance
Sabra M. Janko
Sabra M. Janko answered on Jul 7, 2020

You are based on length of time of the marriage, however it will also depend on your incomes.

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2 Answers | Asked in Child Custody for Colorado on
Q: How or what do I fill to respond to a summons of allocation of parental responsibilities? Return of service?wavier?
Sabra M. Janko
Sabra M. Janko answered on Jul 7, 2020

You can file a waiver of service and a response or just a response. The waiver just means that you are waiving your right to formal personal service. If you do not sign the waiver, then the other party has to have you personally served. The Court will still want to hear your thoughts on the... Read more »

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: I found out my son's father was at home doing drugs while my son and I were camping. I want him out of the house and ful

custody. My son's father is an alcoholic and very irresponsible. I don't even want to leave him unsupervised with him. What steps do I need to take next?

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

You would either file for dissolution or an allocation of parental responsibilities depending on if you are married or not.

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1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Can I dispute a custody jurisdiction change request if I still live in the state that has current jurisdiction?

My family was all living in Colorado. My ex-wife and I got a divorce in 2018 (Colorado Jurisdiction), and she moved back to Chicago, IL with our children. We have joint decision making on everything, and I am supposed to get them every 1st and 3rd weekend of the month, but I have not seen them... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jun 1, 2020

The state where the child has lived for the last six months is the child's home state for jurisdiction.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: My ex and I have a parenting plan in place effective early 2018 (50/50 custody and decision making), she filed another

Motion to modify in 11/2019. Doesn’t Colorado have a statute against someone filing this much within 2 years? he also filed an emergency motion to restrict parenting, judge ruled in our favor. Is this frivolous behavior accepted by the court?

Sabra M. Janko
Sabra M. Janko answered on Jun 1, 2020

A motion for a change in majority time parenting can be filed every two years, although the initial order does not count towards the time limit. As far as a motion for restriction, more is needed than just the fact that he did not prevail.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Motion to dismiss?

Can I file a motion to dismiss if my ex filed another motion to modify parenting tine within the 2 year Colorado statute? In addition he filed an emergency petition to restrict parenting, at the hearing the judge ruled in my favor, basically told him he didn’t know what emergency meant. He is... Read more »

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

A motion to modify can be filed in a shortened period of time based on endangerment. It is not clear how the motion to restrict relates to the motion to modify. If sounds as if he may have lost the motion to restrict and is now filing the motion to modify as a second opportunity to allege... Read more »

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