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Questions Answered by Sabra M. Janko
1 Answer | Asked in Family Law for Colorado on
Q: I have a NCO with parter and I came to an agreement using talking parents can I trust this or do I need a court
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answered on Dec 28, 2020

If you would like an agreement that is enforceable in domestic relations court, then you should have a court order.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: When can my 14 year old son decide if he wants to visit his mother or not?

My son and I live in Nebraska and his mother lives in Colorado where we were divorced. He is now at the age where he doesn't want to go visit on the one weekend a month that he is supposed to go. All they do is argue when he is there.

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answered on Dec 24, 2020

The parenting time plan is what the court order specifies. If you feel that a change is in his best interests, you can request a modification. There is no time where a parent can allow a child to violate a court order due to age.

1 Answer | Asked in Child Support for Colorado on
Q: the mother of my child took me off child support I pay her a certain amount every month she threatens me when late
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answered on Dec 18, 2020

It is unclear what you mean by taking you off of child support. If you are under order to pay support, you can initiate or reinitiate an account with the family support registry if that is what you are referring to.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: In Utah had a protective order against me and part of that order the judge said would automatic end I n 150 days.. well

At almost 2 years I was arrested for a violation . My kids was taken from me from our home in Colorado.. the judge said 150 days why isn't what the judge orders being done

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answered on Dec 17, 2020

You may wish to have an attorney review the order. If the order was issued in Utah, any modification would have to occur there if any of the parties remain there.

1 Answer | Asked in Family Law and Adoption for Colorado on
Q: Can the biological father see his son after being absent for 13 years ?

The biological father of my step-son has been absent since he was born he’s 13 now, I met him when he was 10 when I met his mother, we are together and somehow the absent father appear and demands he wants to see him, me and my wife talked about it and we both agree he can see him but only... View More

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answered on Dec 15, 2020

It depends on whether there are any current parenting time orders. If not, it sounds like you may want to request orders. As for adoption, if the biological parent consents then you may have a good opportunity. if not, the biological parent has priority, however the fact that the parent was absent... View More

1 Answer | Asked in Family Law for Colorado on
Q: Q: Is a delegation of power by parent recognized if child is from CA and the appointed party lives in CO
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answered on Dec 15, 2020

It depends on any current court orders, however a parent can extend temporary parental rights to another either through a court or administrative process.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Colorado on
Q: Are my children my property?

Can I sue a family court judge for kid napping my children.

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answered on Dec 15, 2020

It sounds like there is a bit of history here. I am assuming that the Judge did not physically take your children. I am sorry to hear that you have lost time with them. Judges can only be held liable for acting outside of the scope of their duties, not for decisions issued in the course of their... View More

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: What does it mean when respondents lawyer is saying they are filing a motion for "expedited briefing schedule"?
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answered on Dec 10, 2020

I agree with the last answer. If you do not find the expedited timeline realistic, you can respond by stating that it would not be sufficient time for you to prepare your motions/responses.

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1 Answer | Asked in Divorce for Colorado on
Q: When does the marriage/alimony end/begin? Does it start when you file the motion for dissolution of marriage?

We started divorce proceedings by filing paperwork. My wife, shortly afterwards, had multiple psychotic episodes. She's had to be in multiple hospitals and the bills have started to add up. If I go forward with the divorce, she will lose her health insurance which she needs for medication... View More

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answered on Dec 8, 2020

If spousal maintenance was requested at the time of filing, it can date back to the time of filing. That means that the longer the delay, the higher a potential arrears could be. If you want her to still be eligible for your medical benefits, then you could pursue a legal separation instead.

2 Answers | Asked in Divorce for Colorado on
Q: Asking question for my son. Married 20 yrs. Brought a house 3 yrs ago. Works same company 19yrs. She works, pay is cash.

We want to divorce, 16yr daughter wants to stay with dad. We live in Colorado springs. All debts and credits in both our names, if we sell the house, she can have all profit. Will I still have to pay her alimony since she doesn't have a tax paying job? Is she entitled to my 401 from my job.

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answered on Dec 8, 2020

Spousal maintenance depends on the length of the marriage and the income of the parties. if you can establish her cash income or if she admits to it, then that will count. As for your retirement assets, Colorado is an equitable distribution state so all marital assets and debts are to be divided at... View More

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1 Answer | Asked in Child Custody for Colorado on
Q: my dad lives in another country with my 16 y.o. brother. Would I need to do anything legally to take care of him till 18

There's no custody dispute. I don't want my father's rights relinquished or anything. It would just be easier for him to be stateside right now. My concern is that I wouldn't want any issues to come up if there were some kind of medical emergency or something and I'm the... View More

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answered on Dec 8, 2020

If you are an adult, your father could agree to grant legal custody to you. This could be done through the courts or an administrative process. Your father could give you a power of attorney for medical and educational matters for your brother.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can I revoke the POA of my sons anytime
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answered on Dec 7, 2020

If you granted the POA, then you can revoke it at any time both verbally and in writing.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: My ex husband allowed our 12 year old daughters boyfriend to spend the night, can legal actions be taken?
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answered on Dec 7, 2020

Spending the night in the same residence alone, without more, is not illegal, however it is not clear what the full context of the situation is. I understand that it does not seem appropriate. If there was some harm to your daughter or some inappropriate behavior, then that could be a different... View More

2 Answers | Asked in Divorce and Landlord - Tenant for Colorado on
Q: My ex-husband and I were separated when we signed a lease. Are we equally responsible for early termination fees?

We signed a lease together in Boulder, CO while separated. We decided to terminate our lease early while separated and before the divorce judgment was filed in California. We each paid half of the early termination fee. His CA Attorney is claiming that since we were separated, the money my ex... View More

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answered on Dec 8, 2020

It depends on what you CA court order says. In Colorado, spousal maintenance begins at the time of permanent orders or earlier if there are temporary orders. Usually spousal maintenance is a lump sum paid on a monthly basis, however if specifically ordered, other expenses could be included.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My 36yo daughter died two wks ago intestate. She and her 6yo son had lived with me since beginning of pregnancy 8/13.

Father of child not listed on birth certificate although he did file paternity suit 6/14 proving his paternity. What are my rights besides visitation. How best to proceed?

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answered on Dec 2, 2020

I am sorry to hear about your situation. The father has priority for custody. However if he is not interested in exercising custody, he might be able to enter into a consent agreement with you for adoption or custody.

1 Answer | Asked in Family Law for Colorado on
Q: If my custody case was moved to CO from MI how can I close my case in MI to stop litigation from being continued there?

I have a contract with an Arbiter in MI I want to end and one of the only ways I believe is if my case is actually closed.

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answered on Nov 26, 2020

It depends on the facts of the interstate jurisdiction and where the controlling order is. In order to enforce or modify an order in Colorado, the order has to be registered here but depending on the facts, the original state may still have jurisdiction.

1 Answer | Asked in Child Support for Colorado on
Q: Intercepted stimulus for back child support being held for minimum of 6 months, is there anyway around this?

Check being held incase he has a spouse that files taxes jointly, I know that definetly is not the case. Is there anyway around this?

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answered on Nov 26, 2020

It is not clear exactly what is happening from the facts presented, however federal stimulus payments can be intercepted and applied towards back child support payments.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I pay child support and my ex claims she "forgets" to let me talk to my daughter and it's been a month. What can I do?

My ex pulls this on a regular basis knowing that I don't have much contact with my daughter because I don't have the money to go see her. My ex has been like this for years and nothing is ever been done about it and I'm tired of always getting the short stick when it comes to it like... View More

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answered on Nov 26, 2020

If there is a court order allowing you contact time, then you can enforce it. If there is not, you can file an action for a court order. It sounds like jurisdiction is in Iowa, however for parenting time matters because that is where the child is.

1 Answer | Asked in Contracts, Divorce and Family Law for Colorado on
Q: How to take an ex common law marriage partner off your child birth certificate?

We were common law married only thing we had with each other is the birth certificate I want to relinquish her rights to my child and have sole custody but she can have visitation

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answered on Nov 16, 2020

You can file a motion for allocation of parental responsibilities to set forth custody, however you can not take a parent's name off of the birth certificate.

1 Answer | Asked in Child Support for Colorado on
Q: I can't get my daughters dad served for child support order

I filed for child support the last week of July 2020. The case worker can not get his address verified....what happens next? I do not have his address or phone number as he will not provide me with that information. No update from the case worker since the last week of September

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answered on Nov 16, 2020

You could file a motion for service by publication if you have made diligent efforts to locate him. You will have to describe the efforts in the motion and if granted, you can publish notice in a local newspaper for a period of time and then the court will have jurisdiction to consider the issues.

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