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Questions Answered by Sabra M. Janko
1 Answer | Asked in Domestic Violence and Real Estate Law for Colorado on
Q: Am I able to break a lease if I didn't file a police report or request a restraining order?

My husband attacked me on Nov. 29th, I didn't contact authorities bc I felt this would further trigger him and he is very unstable. I have been secretly packing and planning to move but our lease is in both of our names. I could afford the townhome we rent without him, but he would not meet... Read more »

Sabra M. Janko
Sabra M. Janko answered on Dec 25, 2021

I am sorry to hear about your situation. You would have to provide the landlord with some evidence of the domestic violence. Typically this comes in the form of a protection order. If you are still in fear of imminent harm, then you can still apply for a protection order.

2 Answers | Asked in Child Support for Colorado on
Q: My sons dad didn't pay child support til he was 7 when the county found him. do I sue for the support before that time?

The court did not find him til my son was 7. My son is turning 19 next month and we want to know how to go about getting back support from before the court order

Sabra M. Janko
Sabra M. Janko answered on Dec 22, 2021

If you file in juvenile court, as opposed to domestic relations court, you might be able to request pay before the time that you file the court action. However it sounds like there has already been some court activity in the case and that may impact your current options.

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1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can my ex give his parenting time to his new wife while deployed?

I have primary custody of our son. My ex recently got married right before his deployment and is now saying that he is giving his parenting time to his new wife. I was under the impression that when he deployed I had temporary full custody. Is he legally allowed to give his parenting time away?

Sabra M. Janko
Sabra M. Janko answered on Dec 21, 2021

He can request that. A fit parent is considered to be able to delegate his or her time. However, the delegation is not automatic. You can contest it as not being in the best interests of the children, if that is the case. He also would have to file with the court to modify the current plan if you... Read more »

2 Answers | Asked in Divorce, Family Law and Arbitration / Mediation Law for Colorado on
Q: Hello, I have a question for you .. In 2000 I was very ill and my wife at the time had gotten power of attorney,

( we are still legally married but we are no longer "together") I am now no longer dependent on her to make decisions for me, but wanting to know how, can I tell if the power of attorney is still active. and if it is active how can I cancel it.

Sabra M. Janko
Sabra M. Janko answered on Dec 16, 2021

Hello and happy holidays. If you have not revoked the power of attorney then it is still active. Yo revoke it, you prepare a revocation and provide the revocation to any place that may have a copy of the attorney.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: how to get support order from evasive father. process started 3x since 2016

first attempt in 2016 included a dna test from guy i was married to at time of birth, not the father but because i was married they told me to leave father part blank on his birth certificate. this attempt was instigated when i was approved for tanf after having to leave our home due to my mothers... Read more »

Sabra M. Janko
Sabra M. Janko answered on Dec 16, 2021

You can contact child support enforcement for assistance in child support matters. If you have already contacted them, they are the agency who can answer questions about what has happened in your case.

1 Answer | Asked in Real Estate Law and Domestic Violence for Colorado on
Q: Can a person go home after being arrested for DV if the property is in their name but the other party has bills in hers?

He was told he couldn't go home because she has a couple bills in her name. The house is in his name though. Wouldn't he have the right to go home? They live in TN.

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

It depends on what the protection order says.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Colorado on
Q: My husband and I were married in TX and shortly after moved to CO. Not long after arriving in CO he became extremely

Controlling and verbally abusive. I left him but neither one of us ever filed for divorce. In the midst of me leaving he stole $6000 from me. I have since moved back to TX and was just informed that he has remarried and confirmed it via records search in El Paso county. Can he be married to both of... Read more »

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

His second marriage is void if you were not divorced. What to do depends on what your goals are.

1 Answer | Asked in Divorce for Colorado on
Q: How to register a foreign divorce. Do I register it with the state government or federal government or both and where.

What offices within the government. Do I need to get an office translation of the divorce decree.

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

You register it in the United States county where you want to modify or enforce it. If the documents are in a foreign language, then you have to have them translated by a certified translator.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can you find out why the other attorney for the petitioner withdrew from the case?

The motion to withdraw presented by the other parties attorney doesn’t say why. Is there a way to find out why they withdrew? Especially when they were winning?

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

The attorney can not disclose the reason for withdrawal due to client confidentiality.

1 Answer | Asked in Child Custody for Colorado on
Q: If my child goes to a preschool that is off on Fridays, what are her weekends with her father on every other weekend?

Friday 6:00 to Sunday 6:00, or Thursday 6:00 to Sunday 6:00

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

It depends on your agreement or the court order.

1 Answer | Asked in Child Custody for Colorado on
Q: custody case CO Father in Mi Mother in Co, Mother wants to move to MI, does this rewuire request to relocate?

Father currently is restricted from visitation per jefferson county court

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

Generally if you are relocating closer to the other parent, no request or court permission is required. However it sounds like this case has a history and each case is unique depending on what has happened.

2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: I have a status conference coming up. It's in regards to a relocation request by the other parent whom moved already.

How should I prepare. Why do we need to have a status conference? She was just found in contempt for not abiding by our current order. She's already filed her request and I filed my response opposing it. Why can't the judge just make the call?

Sabra M. Janko
Sabra M. Janko answered on Dec 14, 2021

The parties have the right to present evidence so relocation matters are decided after an evidentiary proceeding. The status conference is to check the status, however based on the history of the case, the court will be intending to discuss some particular aspect that would have been previously... Read more »

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: Filed a motion. Ex didn't respond in 21days. Order published on 23rd day. Ex responded to order? What will Judge do?

21 days to respond to motion by CO law. Judge granted request to modify, Ex submitted letter stating opposition to the modification. Will Judge ignore or consider the response?

Sabra M. Janko
Sabra M. Janko answered on Dec 13, 2021

Generally at this point, the court will just go with its order. It is now to late to respond. He could move to reopen the action in limited circumstances such as not receiving the motion. Though here because he did respond a few days late it seems as though he did receive the motion.

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1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: What do I need to start a divorce case including child support and custody in Colorado
Sabra M. Janko
Sabra M. Janko answered on Nov 15, 2021

You should have an attorney assist you in filing a petition for dissolution with children and to guide you through the process of negotiation, mediation and possibly litigation.

1 Answer | Asked in Family Law for Colorado on
Q: My daugters girlfriend has moved in with us she is 17 can her mom make her move back home?

My daughter girlfriend left her house when her mom left for a week to bring back her boyfriend who is abusive to her mom. She doesn't want to move back in with her mom, will I get in trouble for letting her stay with us

Sabra M. Janko
Sabra M. Janko answered on Nov 4, 2021

If you believe that she is being abused in the home, then you will want to report that to the Department of Human Services. Based on how the Department of Human Services perceives the situation they can advise on where the child should be.

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Failure to follow separation agreement after divorce.

Specifically, refinancing our house and paying me the equity by the dates agreed upon. The value of the house has also increased since the agreement was signed and executed.

Can I ask for more money in equity?

Sabra M. Janko
Sabra M. Janko answered on Oct 30, 2021

You can enforce the home refinance and equity payment order in court.

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1 Answer | Asked in Criminal Law, Family Law and Child Custody for Colorado on
Q: What can I do if my ex wifeletting my 11 year old son drive a motor vehicle with he’s 6 and 5 year old sisters in ca

Can I get custody of my children

Sabra M. Janko
Sabra M. Janko answered on Oct 27, 2021

The legal standard for a restriction on parenting time is endangerment. The best way to establish endangerment is with a Department of Human Services investigation. If you believe that the child is being abused or neglected, you can make a report to the Department of Human Services.

1 Answer | Asked in Family Law for Colorado on
Q: If a parent has medical decision-making authority, can she require I be vaccinated in order to see my daughter?

The mother of my daughter (custodial parent) is refusing my visitation due to my non-vaccinated status. She states that because she has medical decision-making authority over my daughter, she can require this. I have offered to take a COVID test on the days of my visits and wear a mask but she says... Read more »

Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

She does not have decision-making authority over you and she can not require that you be vaccinated. You are entitled to parenting time by virtue of the court order and she is obligated to allow it.

1 Answer | Asked in Child Support, Divorce and Family Law for Colorado on
Q: Can you ask for Alimony without being married. But have been living together in Colorado for 5 years and have two child?
Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

If you are common law married you can ask for spousal maintenance, however to be considered common law married, you would have to have held yourselves out at married to others.

1 Answer | Asked in Child Support for Colorado on
Q: What to do when no child support order is in place?

Had a combined family support order ( child support and alimony) in place for the last year. It ended with the September 1st payment. I do not want to fall behind or get ordered to pay back child support. But there is no longer an order in place.

Correct me if I am wrong but without an... Read more »

Sabra M. Janko
Sabra M. Janko answered on Oct 14, 2021

It is unusual that a support order would expire before the age of majority. If you do not have a support order and want one, you can file for an allocation of parental responsibilities in court or you can go through Child Support Enforcement to set up an order though an administrative process.

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