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Questions Answered by Sabra M. Janko
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... View More

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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... View 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,... View More

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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... View 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

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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.

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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... View More

1 Answer | Asked in Family Law for Colorado on
Q: Can a father be charged for the pregnant mother doing drugs?
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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... View More

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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

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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
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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?

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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... View 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

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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... View 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.

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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... View 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... View More

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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

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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... View More

1 Answer | Asked in Child Custody for Colorado on
Q: Husband has sole legal and physical custody of child and wants to relocate her to live with us. Mother has visitation

every other weekend. She has not agreed to change this arrangement to allow the child to live with us. In which state do we need to hire a lawyer - the one we live in, or the one the child lives in?

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answered on Aug 13, 2019

It depends on where all of the parties are and what the court order says. If your husband has sole physical custody and the Mother has visitation, it seems as though the child would already be living with your husband. You should consult with an attorney and explain the details of your situation.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I have a child that is being kept away and I'm not being allowed any visitation. I need pro bono assistance.

Im in colorado.. my child is kept away she hides her location and only contacts me through court system for child support. I'm being taken advantage of and cannot afford legal assistance. I see hundreds of sites for mothers but very few for fathers and the ones that are there are not really... View More

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answered on Aug 13, 2019

I am sorry to hear about your situation. You could check with Colorado Legal Services or the pro se assistance centers at the courts. You may be looking at submitting a parenting time dispute if the other parent is not following parenting time requirements.

2 Answers | Asked in Child Support for Colorado on
Q: My daughter's 30 gets a settlement from Dad passing away could I get compensation for back child support

He had paid child support off and on for a while owed arears

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answered on Aug 14, 2019

It is possible that you could make a claim on the estate for arrears. You should consult with a probate attorney.

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1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What rights does a father have versus the rights of a mother if they were never married?

If an unwed couple having had four children together during the course of their relationship were to separate without either parent beginning any legal proceedings regarding the custody of said children, is it lawful for the mother- purely out of spite towards the father- to not only forbid any and... View More

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answered on Aug 13, 2019

In this scenario the Father should consider filing an action for allocation of parental responsibilities to set forth parenting time and child support. Absent a court order preventing a parent from relocating with a child, either parent may relocate with children. You will need to file the action... View More

1 Answer | Asked in Child Custody for Colorado on
Q: If a summons of allocation of parental right was filed against me, and it was filed in a county in which the child isnt?

can i dismiss it via a venue dissmisal in the state of colorado? or is it still going to be valid. help?

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answered on Aug 13, 2019

Usually if you have a venue issue, you would move to change venue rather than dismiss. If the action was filed in the county where you reside, then the venue will likely be considered proper. With regards to the location of the child, Colorado has to be the home state of the child.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: I have been going through Child Support Court for almost a year now. We will officially be done in less than a month.

He is suppose to pay $1000 for child support a month but does not. I know he can lose his DL and such but at some point can I not allow him to see our child if he’s not paying any child support?

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answered on Aug 13, 2019

You should not withhold access to the child. If you are not receiving support, Child Support Enforcement (CSE) can take action if your payments go through CSE. You could also file a Motion For Contempt and file an affidavit of arrears to obtain a judgment on which you can attempt to collect. You... View More

2 Answers | Asked in Domestic Violence for Colorado on
Q: is there any way to get out of going to court after you filed restraining orders?

i filed two restraining orders and got both granted however, now i have to go into court because the restrained people have a right to be heard. is there anyway that i could not be there for that? i suffer from major ptsd and i’m terrified of going to court and seeing both of the people there.

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answered on Aug 14, 2019

I am sorry to hear about the situation. You could consult with an attorney who could possibly negotiate an order extension or appear on your behalf in court. The courts are usually good at asking the parties to leave at different times so they do not encounter each other after the hearing.

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