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Questions Answered by Sabra M. Janko
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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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 »

1 Answer | Asked in Child Custody for Colorado on
Q: Already divorced but need advise on explanation of term in parenting plan regarding vacation time.

it states that each parent my exercise up to 14 consecutive days with 30 day notification. According to my ex's attorney - he says that means she can split the 14 days any which way she pleases. Is that correct?

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

It depends on what your agreement was. If the terms are ambiguous, then a court can consider extrinsic evidence to establish what the parties agreed to. If this issue was decided by a court, rather than by the parties then you can request a clarification from the court as to the meaning. You ex's... Read more »

1 Answer | Asked in Criminal Law, Divorce, Child Custody and Domestic Violence for Colorado on
Q: Can you record an 11 year old and use it in court?
Sabra M. Janko
Sabra M. Janko answered on Oct 23, 2019

You usually would not be able to use a recording unless the person recorded was there to testify because it would be considered hearsay. There are some exceptions to hearsay, however testimony of children is often not used in court to protect the child. It depends on what kind of case is happening... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I've had my niece here with me in Denver Colorado since August 25 2019

I've had my niece here in Denver Colorado since August 25 2019. Her mother (my younger sister) had wrote on a piece of paper saying she has given me temporary guardianship

but hasn't bothered to call or text and see how she's doing since me having her. I honestly don't think my niece will... Read more »

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

The Court will only give a family member custody over the wishes of the parent if the child is endangered. However, you could ask your sister to consent to a longer period of guardianship and it could be formalized through the courts. The state where the child has been living for the last six... Read more »

3 Answers | Asked in Bankruptcy and Child Support for Colorado on
Q: My ex filed Chapter 13 he put $50K of child support/maintenance that is in arrears. Can he discharge that debt?

He owes $50 in back child support and maintenance to me for not paying for over a year and losing/quitting jobs several times and not paying. He is currently still be garnished for child support/maintenance. Can he discharge the child support/maintenance that is in arrears? Do I need to do... Read more »

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

Support payments are not dischargeable in bankruptcy.

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2 Answers | Asked in Child Support for Colorado on
Q: After Child support is cancelled by both parties, can one of the parties file again for child support for the future?

none

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

I agree with the last answer. Child support is the right of the child and can not be cancelled by agreement. The parties can agree to a deviation from the guidelines, however a court does not have to issue that agreement as a court order if it does not find it in the best interests of the child.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can I file a motion to restrict or something if my ex is refusing to take our 3 year old to preschool and our MOU states

I am decision maker, I enrolled her in school, he was on board but now finds it inconvenient to take her and pick her up.

Sabra M. Janko
Sabra M. Janko answered on Oct 15, 2019

Your options depend on whether the MOU was issued as a court order and if the agreement required your ex to pick up and drop off your child at school. You can modify a MOU if you find that it does not meet your needs. If it has been issued as a court order, you can stipulate to a modification.

2 Answers | Asked in Family Law for Colorado on
Q: Currently charged with DV which is not settled yet. My wife and I have agreed upon a fair sharing time, which include

Over night stays, of our 3 year old daughter. We’ve been on this schedule for a few weeks now. My question is if I file for a legal separation and my wife still agrees to this fair sharing time will a CFI still be required? If CFI not required could the courts decide on a different sharing time... Read more »

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

Usually if parties agree to parenting matters, then a CFI is not required.

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2 Answers | Asked in Divorce for Colorado on
Q: Im going through a divorce and have reachd the seattlement they removed spousel support should i take the deal
Sabra M. Janko
Sabra M. Janko answered on Oct 24, 2019

I agree with the last answer. It would be important to have an understanding of the complete settlement offer before an attorney could advise you of whether it is reasonable or not.

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2 Answers | Asked in Child Support for Colorado on
Q: Do you continue to pay child support until child is 19 if child lives with you full time when they turn 18?

I understand in CO a child is typically emancipated at 19. If the child decides to live with you full time when they turn 18, do you still have to pay child support to the other party even though the other party has no overnights with the child? Also, what if the child decides to move out of... Read more »

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

You can always request a modification upon a substantial and continuing change of circumstances resulting in a 10% or more change in support. As far as the child living with friends out of state, that does not constitute emancipation. Events such as marriage or military service do result in... Read more »

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1 Answer | Asked in Child Support on
Q: Is there any chance that i can file a case regarding with the father of child regardless even if not under his surname
Sabra M. Janko
Sabra M. Janko answered on Sep 21, 2019

Please provide more information. Are you indicating that the child does not share the last name of the father? Perhaps you are asking about a paternity action? When you mention case, what kind of case are you thinking of?

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: My son has primary guardianship of his children. His ex tried to get him arrested and has now filed for custody.

She took the kids while he was detained and has now filed for custody and change for parenting plan. He has not been arrested or charged. What should he do?

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

I agree with the last answer. If he does not file a response, the Court can decide the matter without his input. When he files a response, he will have the opportunity to be heard and to present evidence as to why he should retain custody. Courts like to see stability for the children, however... Read more »

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