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Questions Answered by Sabra M. Janko

1 Answer | Asked in Arbitration / Mediation Law and Child Custody for Colorado on

Q: My wife needs to change court orders placed when she got divorced regarding the kids but needs a forensic assessment

We do not know how to get a referral for her forensic assessment and wondered if getting a pro bono lawyer, as we are a low income family, would help solve our issues. I have a ton more information regarding the exact situation if this is the right direction.

Sabra M. Janko answered on Sep 9, 2019

You should consult with an attorney who will need information about any prior court orders and will need to understand the context of the need for a forensic evaluation. This matter clearly has a history involving some form of safety issue. You could also consult with a therapist who might be able... Read more »

2 Answers | Asked in Child Support for Colorado on

Q: I have a child who is 18 and had dropped out of school, and moved out on his own. He has since moved back and enrolled.

He has re-enrolled in high school but has not been attending. How does this affect child support, as both parents agreed it would stop with him moving out.

Sabra M. Janko answered on Sep 9, 2019

I agree with the last answer. Because the child is not emancipated, the support continues until he is 19. The parents can not agree to an action that is contrary to a court order with regards to support as support is the right of the child.

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1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on

Q: Am going through a divorce in Colorado, and been paying child support for the last year does she have to report it?

It would be for the financial affidavit, she receives $1000 a month from me but reports only receiving 300 from “support”. They filed this on May 30th 2019 and I haven’t received anything until I was called and told verbally by her attorney today Aug. 31 2019. Feeling lost as to what to do... Read more »

Sabra M. Janko answered on Sep 1, 2019

It sounds like you may be paying child support arrears. She would report the regular child support amount, however would not necessarily include arrears payments because that is not part of the regular child support amount.

1 Answer | Asked in Child Custody for Colorado on

Q: Can aunt or uncles file for emergency custody

Sabra M. Janko answered on Sep 1, 2019

It depends on the situation. Generally if you have been caring for the child for the past six months you may have some rights to file for custody. However, you should contact the Department of Human Services if the children are in danger.

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: My baby mama took me son from me by assaulting me hitting me with a bat punching me telling her friend to get the gun

While I was holding my son what can I do

Sabra M. Janko answered on Sep 1, 2019

You should consult with an attorney and share more details. This does not sound like a good situation for a child to be in. Perhaps you should file for an allocation of parental responsibilities to work out with the mother or the court the best situation for the child.

1 Answer | Asked in Family Law and Child Support for Colorado on

Q: Hi I'm asking this because I don't think its fair I have 1 10year old the the mother decided to put child support

I have 4 other little kids that I support a 1 year old 2 and 3 and a 1 month and I don't know what to do.

Sabra M. Janko answered on Aug 29, 2019

You will receive credit in the child support calculation for the support that you provide to other children so your support will not be as high for your 10-year old. You are required legally to support all children.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Colorado on

Q: Who do I contact if I know that there is a court order being violated in relation to a custody order of a minor child.

I was granted 50/50 custody of my 9year old daughter with my ex's mother after a very long CPS intervention. For the last 2years, I have only been granted access to my daughter 2x per week for an hour under the watch of CPS. But I have always learned from my mistakes and got sober for my... Read more »

Sabra M. Janko answered on Aug 29, 2019

If you ex is violating a court order, you can file a motion to enforce the order or for contempt. You should consult with an attorney to review your court order with you to evaluate recourse.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Colorado on

Q: Me and my now ex husband lost our child to the state I had a protection order put on him. I almost got custody back and

People in court say if I drop protection order I won't get my daughter at perminant planning trail. Is this legal for them to do? The protection order I put on him was after they took our daughter. But before they took her we both was doing meth and he punched me and kicked me. But I believe now... Read more »

Sabra M. Janko answered on Aug 29, 2019

The answer depends on the specific facts of your case. If you take an action that the court perceives as not being in the best interests of your child for safety reasons, that will impact an allocation of parental responsibilities decision. You should speak to an attorney to determine the best... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on

Q: I am going through a divorce, it is getting ugly.

My soon to be ex husband was abusive during the relationship. I never called the police, or talked to anyone about it. We both drank a lot, however he has videos of me drunk to use as "dirt". He is using my mental state during the relationship against me (I suffer from depression, ptsd, and... Read more »

Sabra M. Janko answered on Aug 19, 2019

I am sorry to hear about your situation. It sounds like you may have already filed a dissolution petition, but if you have not, that is how you would ask the court to decide issues of parenting and property division. You should consult with an attorney given that you have children and a home. Many... Read more »

1 Answer | Asked in Family Law for Colorado on

Q: Can I take my daughter out of state of Colorado to visit her grandmother in Baton Rouge if my names on B.C.

She says if I take her she'll get me for kidnapping I just want to take her for a week to batonrouge to see her grandmother there hasn't been any court order in place shees giving me a hard time because she don't like my mother and we live together

Sabra M. Janko answered on Aug 17, 2019

If there is no dissolution or allocation of parental responsibilities filing or court order preventing removal, then either parent can take the child for a vacation. If there has been a filing, then you should consult with an attorney as there is a mandatory injunction imposed upon service.

1 Answer | Asked in Family Law for Colorado on

Q: If a parent has moved out of state once they declare residency can they go to that state and change the child support?

Original child support is in Colorado and the mom and child moved to Marietta Ohio. Dad is still in Colorado.

Sabra M. Janko answered on Aug 16, 2019

There is federal law that governs child support modifications. Under the Uniform Interstate Family Support Act, the action must be brought in the state where the obligor resides. That would be Colorado. The order was also issued in Colorado so there is no registration action required for... Read more »

1 Answer | Asked in Family Law for Colorado on

Q: Can a father be charged for the pregnant mother doing drugs?

Sabra M. Janko answered on Aug 16, 2019

It would depend on if the father aided and abetted the use of illegal drugs of by a pregnant woman. You should consult with a criminal defense attorney and share the facts. There are not sufficient facts presented here to know what the father's actions were.

1 Answer | Asked in Family Law and Criminal Law for Colorado on

Q: What are the punishments for father supplying son with alcohol and pressuring him to drink?

My abusive ex husband has been pressuring our son to drink since he was very young; he’s 16 now and I recently found out that his dad bought him his own drinks and pressured him to drink. He finally caved and drank. We live in colorado but the incident happened at my ex husband’s parent’s... Read more »

Sabra M. Janko answered on Aug 16, 2019

Underage drinking is a crime and both your son and his father, if his father supplied him with alcohol, could be held responsible if reported to the police.

1 Answer | Asked in Domestic Violence for Colorado on

Q: What information do i need to put on a motion to dismiss a protection order?

There is a protection order set for my husband and i. I am not at risk of any harm i need to be able to be around my husband. I want to file a motion to dismiss the protection order

Sabra M. Janko answered on Aug 14, 2019

You should make certain that you will be safe. That is top priority. if you want to ask to dismiss then you simply put the reasons why you are asking. No one can tell you what reasons to provide.

1 Answer | Asked in Criminal Law and Domestic Violence for Colorado on

Q: Can the girlfriend go back to the DA and ask him to stick it to him. She always threaten that when she gets mad at him

Sabra M. Janko answered on Aug 14, 2019

The DA will decide what to do based on the evidence. Any accuser can always state their preference, however an accuser does not decide what approach the DA will take.

1 Answer | Asked in Divorce for Colorado on

Q: I have been married to my husband for 6 years. We just recently re-financed the house and added my name, what do I get ?

All the equity he had when he refinanced was accrued while we were married, but my name was not added until recently. Do i have rights to some of the equity we pulled out during the recent refinance?

Sabra M. Janko answered on Aug 14, 2019

Generally you would have equity in the marital appreciation in a dissolution action. If you took out equity and spent it, then you would not have an interest in that. You do not mention dissolution, however your question is posted in the dissolution area. If the money is sitting in an account, upon... Read more »

2 Answers | Asked in Divorce and Family Law for Colorado on

Q: I'm going through a divorce that's been getting dragged out with no mediation date getting scheduled. With the case

Getting drawn out, is my ex entitled to more equity in my company if it was only a few months old when they filed for divorced and I moved out? Or do they only look at revenue and sales for those few months? It's now 6 months after moving out with a lot more income. Marriage was only 3 years

Sabra M. Janko answered on Aug 14, 2019

You can agree to mediate at any time that you like. If the court has not ordered it, you can mediate privately and the mediator can provide you with a certificate of mediation if you do not reach agreement. Divorce actions can take some time, particularly if they are contested. Marital property is... Read more »

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1 Answer | Asked in Child Custody and Family Law for Colorado on

Q: Can a father be granted full custody of a child if the mother has refused visitation for 3 consecutive years?

No motions have currently been filed. Mother is currently out of the country with an active duty military spouse. Father is currently out of state also active duty military.

Sabra M. Janko answered on Aug 13, 2019

Either parent could be granted primary allocation of parental responsibility. There are many factors. One factor is a parent's ability to encourage the sharing of time with the child. That would count against a parent who withheld a child from another parent. It sounds as though there may already... Read more »

1 Answer | Asked in Criminal Law, Adoption and Child Custody for Colorado on

Q: 18 U.S. Code § 3283. Offenses against children

My son was taken from in maryland when he was 5 years old i did not have a custody order, his mother took him to texas and legally signed over his custody to his granparents without my permission, he is now 26 years old, I have just located him, I would like to know if i can still file a charge... Read more »

Sabra M. Janko answered on Aug 13, 2019

I am sorry to hear about your situation. If there was no custody order, then likely there was no parental kidnapping. Absent a custody order or mandatory injunction upon filing a petition, a parent is free to relocate with a child

1 Answer | Asked in Child Custody for Colorado on

Q: Is other party interfering with my parenting time by taking child on vacation during my time when it is not in the order

Order says week on/off Friday exchanges, adopted CFI holiday schedule. CFI holiday schedule does not contain a summer vacation

Sabra M. Janko answered on Aug 13, 2019

An attorney would have to see the order. Generally if the other party has the child during your parenting time without your consent, then that would be a violation. However, you have had a CFI investigation so your case is likely somewhat complex and it is not possible to know what the situation is... Read more »

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