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Questions Answered by Sabra M. Janko
2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: The mother of my brothers child is withholding his daughter from him until he signs custody papers. W

We’re in Colorado, Colorado doesn’t have “custody” laws but calls it “parental responsibility.” He used to live with them for years and years. In and out. Now, that my brother is in a new relationship his baby mom has become very on edge. She has told his girl friend that she’s the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 29, 2019

If he would like parenting time, then he can file an action for Allocation of Parental Responsibilities with a district court. This will allow a court order to issue that will set forth the responsibilities and parenting time and allow him to enforce the order if she does not comply.

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1 Answer | Asked in Divorce for Colorado on
Q: What am I legally responsible for if wife wants a divorce and is spending all her time away from the home, not respondin

Found out my wife was having an affair mid Oct. Said she wants a divorce, and is spending all her time away from the house and our kids, including my stepdaughter, and nephew that is living with us now. I have been financially responsible for most everything during our 10yr marriage. I've paid all... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 25, 2019

Right now neither of you have any specific financial obligations to the other except to provide basic support as needed. If you want to set forth specific responsibilities, then you can file for dissolution and ask for a temporary orders hearing with regards to child and spousal support and... Read more »

2 Answers | Asked in Divorce for Colorado on
Q: Needing legal assistance as to how to file for divorce without going to court. Currently living together.

We do not have children together. No mortgage just rent together that is 1600.00 a month.

Sabra M. Janko
Sabra M. Janko answered on Nov 25, 2019

If you file jointly and submit a complete separation agreement signed by both parties, you can ask the Court to enter the agreement as an order and waive your appearance. The Court may grant that request though the Court must review the agreement for conscionability.

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1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I have had physical custody as non-custodial parent for over 100 days and still paying child support to custodial parent

I have had physical custody of the children for over 100 days. The custodial parent will not assist financially in any way. I am still paying her child support. I have a court date set in April for the district to review my case. Is there anything else I can do to lift the financial burden from... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 25, 2019

The child support modification will be retroactive to the date of filing based on a mutually agreed upon change in parenting time.

1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: I have a friend in Colorado that needs help with divorce questions, his wife was unfaithful. They have kids.

He needs help with what steps to take. Where can I send him to get help? Pro bono or until funds become available? She won’t respond to texts about child care or anything.

Sabra M. Janko
Sabra M. Janko answered on Nov 21, 2019

He could check with Colorado Legal Services if he can not afford an attorney. The courthouses also have self-represented litigant assistance centers.

1 Answer | Asked in Child Custody for Colorado on
Q: `if you are not able to pay child support and pay rent are they aloud to not let you see your child

they are telling me because i have not been able to pay child support i cant see my kid except when its good for them because they are putting a 13 yr old boy on a sleep scheduled and they have not followed the custody agreement at all ps he thinks he is invincible because hes a cop

Sabra M. Janko
Sabra M. Janko answered on Nov 21, 2019

Child support and parenting time are two different things. If you do not pay child support, you can still see your children.

1 Answer | Asked in Domestic Violence for Colorado on
Q: If I was asked to show up in court for "Threat of Domestic Violence" do I need a lawyer representation for this hearing?

I have never been in court before and don't really know what to expect. I came back from work and my wife was raining insults and curses at me. At some point I responded to those insults which she took as a threat and called the police on me. Please any advise provided is greatly appreciated! Thank... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 18, 2019

Yes, if you have been accused of a crime then you should have an attorney.

2 Answers | Asked in Family Law for Colorado on
Q: My daughter is going to be served with paternity case. She has always maintained this man is not the father.

Is it worth trying to fight this in court. She was and still is married to another man at the time but has no contact with him do to a protective order she obtained three years ago

Sabra M. Janko
Sabra M. Janko answered on Nov 18, 2019

She should respond. The DNA test results will determine the paternity, however if she has been served with a petition and summons and does not respond, the Court can decide the matter without her input.

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1 Answer | Asked in Family Law for Colorado on
Q: In Texas,they stopped paying on principle,over a year and a half ago they say all money's go to interest theyputww

Is that legal I was told all money's go to principal first

Sabra M. Janko
Sabra M. Janko answered on Nov 17, 2019

You will have to provide more information before anyone can answer your question. For example, who stopped paying interest on what?

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: When are parents too far apart to share joint physical custody of a child?

As in: geographic proximity, pursuant to best interest factors set forth in CRS: 14-10-124

Sabra M. Janko
Sabra M. Janko answered on Nov 12, 2019

There is no "bright line" rule. It depends on the circumstances. Generally shared parenting may not work well for children whose parent's live in different school districts. While time with both parents is important, it is not beneficial to children to spend a large amount of time driving between... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: My child is afraid to go back to mother's place because the step father is abusive. How do I legally keep my child safe?

My child is having panic attacks, and ever Incresing anxiety when having to return to mother. Step father is verbally abusive to my child and verbally and physically abusive to his own kids.

I have my weekend visitation now and would like to legally keep the child with me so they can be... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 12, 2019

You could potentially file for an emergency restriction of parenting time depending on your evidence. If you believe based on credible evidence that abuse is occurring you can also make a report to the Department of Human Services.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex filed a motion to modify parenting time for 5 year old and wants 50/50, week on/week off. How can I prevent this?

We attended mediation and weren't able to resolve anything because I feel strongly that more time with his father would not be in our son's best interest (he is an admitted abuser and alcoholic). Since then, I have found another 50/50 plan that I would consider trying, but he won't hear it because... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 12, 2019

You will have the opportunity to respond to your ex's request to modify. I agree with the last answer that a Child and Family Investigator (CFI) can be helpful in this situation to look into the matter and make a recommendation to the Court. The CFI is a neutral and should make an unbiased... Read more »

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2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Can I file for full custody if I don't know were ex is? What is the process to change/modify existing orders?

Ex has not seen or spoken to kids in 7 years, over $60,000 behind CS, never sent anything to kids and left CO years ago. He was supposed to go back to court to have 50% cust. after completing certain task, but never did. I have made every decision and full care/support for our kids since the... Read more »

Sabra M. Janko
Sabra M. Janko answered on Nov 13, 2019

I agree with the last answer. You can file a motion to modify based on existing circumstances and his lack of participation. If you do not know where he is, child support enforcement has locator services. It is possible to serve notice by publication upon court approval, though you have to show... Read more »

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Colorado on
Q: Is it possible to get an emergency custody court order?

My ex-husband was recently arrested. His mother (my child’s grandmother) took her and refuses to give her to me. Since I don’t have a custody court order I cannot get her back. I am at loss for what to do. Is it possible to get an emergency custody court order?

Sabra M. Janko
Sabra M. Janko answered on Nov 13, 2019

Yes, you can request emergency custody given that someone who does not have legal custody is preventing you from access to your child. You would file a motion for emergency custody and because you will have to describe the reasons for your request, it is best to have the assistance of an attorney.

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1 Answer | Asked in Family Law for Colorado on
Q: Is it advisable to file contempt of court on my exwife?

I Was detained by law enforcement. During that time I allowed my ex-wifes parents to take the kids. I was not arrested or charged for anything. I have primary parenting rights for our children. She kept the children and filed a temporary restraining order and the very next day she filed a motion... Read more »

Sabra M. Janko
Sabra M. Janko answered on Oct 26, 2019

It depends. An attorney would have to see the parenting plan and also determine whether your detention would have created grounds for an emergency change in parenting. Your situation is complex and your questions can not be answered based just on the limited information provided here.

1 Answer | Asked in Family Law and Probate for Colorado on
Q: my surviving brother did not include me in the probate process when our younger brother passed away.... this was in 99'

Over the years he refuses to allow me to see the autopsy results. Also this same brother masterminded a banking fraud with the brother that passed away, when our mother had passed away in 1992, he included my mothers landlady in this.... they forged and cashed a check from my mothers account at her... Read more »

Sabra M. Janko
Sabra M. Janko answered on Oct 26, 2019

It really depends on what the will provided for and whether he violated any fiduciary duties. An attorney would have to see the will to advise you.

1 Answer | Asked in Family Law for Colorado on
Q: Can the executor of an estate write letter to one of the people named in the will and ask them to forfeit their share

So she can pay off her house and if she dies then my friend will get get 10% of the will!

Sabra M. Janko
Sabra M. Janko answered on Oct 26, 2019

Anybody can ask anyone if they are willing to negotiate, however negotiation is not necessary if not desired.

1 Answer | Asked in Domestic Violence for Colorado on
Q: Can an opposing attorney impose interest on awarded fees through judgement if not stated on an order?

My husband was ordered to pay opposing party attorney fees in a family law matter. The judge ordered him to pay the full amount in 30 days which is not possible in conjunction with the amount he is paying for child support. The opposing attorney is now stating that she is assessing and 8% interest... Read more »

Sabra M. Janko
Sabra M. Janko answered on Oct 24, 2019

If you are not in compliance with payment provisions of the court order, she can bring a contempt claim. There is separate law on interest on unpaid judgments.

1 Answer | Asked in Divorce for Colorado on
Q: My divorce decree states there was no domestic violence at the hand of the other party, what legal protection do I have?

If my ex later attemps to claim there was. Am I protectes by the 4th amendment?

Sabra M. Janko
Sabra M. Janko answered on Oct 23, 2019

Typically a decree would not state whether or not domestic violence occurred. It would address that it was or was not proven. Usually decrees do not address domestic violence unless there was a protection order pursued simultaneously with the dissolution. A person can always say that something did... Read more »

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: What Colorado case law determines Military Service Connected Injury Compensation to Be Employment Gross Income?
Sabra M. Janko
Sabra M. Janko answered on Oct 23, 2019

Disability compensation is gross income for purposes of support, though not divisible as a property settlement. This has been considered by many state courts but also the U.S. Supreme Court. You should consult with an attorney familiar with the military as there are a lot of unique aspects of... Read more »

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