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Questions Answered by Sabra M. Janko
1 Answer | Asked in Family Law for Colorado on
Q: I am will be moving out of state and need to see either a mediator or a judge for my parenting agreement.

I just need to know what forms to fill out to send in to get it on the docket for a judge to hear. I am hoping that my son will come with me but his father wants someone else to decide if he can come with me.

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answered on Oct 31, 2022

You will have to have consent or a court order and will have to file a motion to relocate. The Court has to consider several legal factors with a relocation so you will not find a standard form to complete.

1 Answer | Asked in Child Custody for Colorado on
Q: Can I get a notarized temporary custody paper of an unborn baby the minute it is born it goes in to effect
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answered on Oct 31, 2022

All you can obtain is your name on the birth certificate if the other parent consents to that. Custody is a status that a court has to grant. However, if the child is born during the marriage and/or your name is on the birth certificate, you are e the presumed parent.

1 Answer | Asked in Family Law, Child Custody, Child Support and Military Law for Colorado on
Q: If a court order says "Immediate Genetic Testing", can I provide this to a testing facility to get results on file?

I have a Court Order from Oklahoma for immediate genetic testing of the father of my child. The Armed Forces Medical Examiner System has a DNA test on file that was apart of a Criminal Investigation involving myself, the father and the child included on the court order. I have received the redacted... View More

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answered on Oct 31, 2022

Probably not. The order requires testing, not release of test results.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: I want to move me and my child to a home my grampa gave me free of charge in nevada. husband refuses to move. can we go?

He is very non-involved with the two of us. He can't keep a job and our apartment is roach infested and the foundation and walls have major cracks. it is a dump and honestly should be condemned. we went three months without a working kitchen sink before the landlord finally got it fixed. No... View More

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answered on Oct 31, 2022

It depends on if there is a court order in place or not. if not, either parent can remove a child from the state but can not withhold that child from the other parent. This action often comes with a host of problems though, such as allegations of parental kidnapping.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do I have a paternity mediation out of state and just found out,I'm a victim of domestic abuse while pregnant

I live in colorado, the father is in florida, and he filed paternity, I'm a victim of domestic violence by him while pregnant, he was trying to force me to have a miscarriage by punching me in my stomach several times, and beat me, and got.arrested for it

Please help i.am afraid of... View More

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answered on Oct 31, 2022

I am sorry to hear about your situation. If the case is filed here, you will have to cooperate with the testing. You can contact Colorado Legal Services and Tessa or another domestic violence center to see if you qualify for low-income assistance.

1 Answer | Asked in Divorce and Child Support for Colorado on
Q: Can I stop child support payments if I'm overpaid?

I have a child support order that was put in place in 2011 and included 3 children. We have never had a modification done even though the children moved from me as the custodial parent to their mother. 2 of the 3 children are now 21, so 2 years removed from the order and I'm still paying the... View More

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answered on Oct 27, 2022

It is always risky to self-adjust a court order. If the other party never makes an issue of it, you might not have a problem but if there is a disagreement, you could be in contempt of court. When a child ages out of the order, you can have the order adjusted. if you are going through Child Support... View More

1 Answer | Asked in Child Support and Family Law for Colorado on
Q: I paid child support with my monthly agreement made them all on time and still they suspended my license ?

Have a monthly agreement to pay a certain amount every month I have kept to my agreement but this is the 3rd time now they have suspended my license forcing my husband that has no obligation to my child support to pay for my reinstated again. Now he won't pay it cuz it just keeps getting... View More

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answered on Oct 25, 2022

personallyIt sounds like there may be some agreement that might contradict a court order. You have to pay the court ordered amount. If you have a substantial and continuing change of circumstances, then you can move to modify the child support ongoing amount. You just have to show your proof of... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: I just need to know which papers to fill out for a divorce or legal separation

We own a home and have a minor child together

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answered on Oct 25, 2022

You fill out a petition, summons and case information sheet to start and the clerk can assist you with the summons. You then file and have those documents personally served on the other party.

1 Answer | Asked in Contracts, Family Law, Military Law and Small Claims on
Q: Can I make a contract with my girlfriend (not wife, not soon-to-be wife) that states will pay her money if I cheat?

We will not be getting married soon. I have heard about prenuptial. Is there a girlfriend equivalent to that?

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answered on Oct 25, 2022

Any two parties are free to contract with each other for any activity that is not illegal.

1 Answer | Asked in Divorce, Military Law and Family Law for Oklahoma on
Q: My soon to be ex husband is active duty military. I moved out on Tuesday. Is he obligated to help me financially?

I’m a full time student and make about $1500 a month from disability and cannot afford a house on my own. I’m living out of a van at the moment. I’m wondering if he’s obligated to support me financially until the divorce is finalized ? He’s in TX active duty navy, im in OK now.

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answered on Oct 24, 2022

Yes he is required to pay by military regulation, if he will not agree to pay, contact the Inspector General's Office. This is just a temporary measure until you obtain a court order.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: can he re-nig on the letter he wrote and signed that i recorded him writing and signing

My husband and i are married and live together with our two year old. there is so much toxicity and i want to move our two year old out to nevada and not share custody. He has little to no bond with her . he is obsessed with his phone .. OBSESSED. the apartment is roach infested and has huge cracks... View More

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answered on Oct 22, 2022

You could attempt to use the letter to justify a move, however he may claim duress. It sounds like he may have written the letter in an emotional moment. Also, not knowing what he has to say about the situation precludes any kind of assessment of the strength of your position.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: My child is now 31 years old. can I sue his father for arrearages that were owed in a child support case from 2006?

In 2006 they closed my child support case because both parents moved out of the state of Oregon even though my son was not of age. Colorado which is where I live now refuse to open a new case. I believe it was $4000 to $5,000 owed in arrearages. Now support enforcement is telling me I can reopen... View More

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answered on Oct 21, 2022

If he owes arrears then you can collect it.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: I'm in arrears on my child support obligation and my child is almost 30 years old. I want to take it off the registry sh

She won't. Is there any way I can have that changed I do a lot for her that doesn't come off the registry and it is hard on me. How do I get any credit for anything I do for her ?

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answered on Oct 21, 2022

There are no legal grounds to cancel the support. Nor are there legal grounds to substitute the value of things that you do other than paying child support for the support arrears.

1 Answer | Asked in Divorce for Colorado on
Q: is a divorce valid with intestate property? I cannot find copy of my divorce Anywhere and suspect it was never filed.

My name is on the deed and mortgage papers; the home is in Hawaii. I thought we had a divorce but I nor the Public representative cannot find the divorce decree or certificate. If the divorce papers cannot be found, is the divorce still valid?

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answered on Oct 19, 2022

It sounds like you are looking for a will - not a dissolution decree. If there is a dissolution decree, it will be filed with the court that issued it as an official record.

1 Answer | Asked in Divorce for Colorado on
Q: If a property was quick deeded to my husband from his mom for 10 dollars at the end of 2021 and we file for divorce

this year, how is that property considered? Would the equity in the home at the time of quick sale become marital property?

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answered on Oct 5, 2022

It depends on whether it was an inheritance or a gift to him or the marriage. Only if it was a gift to the marriage would it be considered marital property.

1 Answer | Asked in Divorce for Colorado on
Q: I want a divorce My husband is verbally abusive and I am scared. He is an alcoholic and a narisissits and controls us.

I don't have control over the vehicle He watches where I go and wants to come with me He listens to my phone calls and he controls all the money

I want him gone I want the kids and the house How do I file with a restraining order with him leaving. How do I pay a lawyer when I... View More

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answered on Oct 5, 2022

If your income is low enough, Colorado Legal Services may be able to assist. Also most people who file for a protection order in county court are unrepresented. You can look at the Colorado Judicial Branch website for fill in the blank forms.

1 Answer | Asked in Child Custody for Colorado on
Q: how can i find out about a child custody case that is supppose to go on in utah but i think the mother is lying.

i looked uo court docket and found nothing on this woman.i beleive that this woman is lying about this whole thing do u have any suggestions what i can do

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answered on Oct 3, 2022

You can call the Court and ask if you are a party to the proceeding. If you are not, then domestic relations matters often are not available to the public, especially those involving children.

1 Answer | Asked in Child Support for Colorado on
Q: You Does VA education benefits count as income if I also have a full-time job?

I had to start school to receive the housing stipend to help me offset child support.

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answered on Oct 1, 2022

The GI Bill stipend does not count as income for support purposes.

1 Answer | Asked in Child Custody, Child Support and Military Law for Mississippi on
Q: I’m a military spouse. I have full sole custody of my 10-year-old son. I currently live in Italy until 2024.

I have custody papers I would like to know if they are still good even though i moved to another country. His dad has visitation and also signed for him to have a visa to live in Italy. He gets him during summer time June-August. He shares visitation with my parents who live in the same state as... View More

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answered on Oct 1, 2022

They are still valid, though they may not address your current situation. If your payments are going trough Child Support Enforcement, they can gather the information needed to reevaluate support. DHS is not involved in child support. Child support ism modifiable in all states based on changes of... View More

1 Answer | Asked in Child Support for Colorado on
Q: Myself&Children live in CO, Father on FL. Orgnl Support Order from MO. Can I move support order to CO and modify in CO?

Our Original divorce decree was settled in MO in 2019, Children’s Father and I have both moved out of MO, Children and I reside in CO while he moved to FL. He took me back to court in MO in 2021 and received an order that he may pay $596 for both children down from $700 the previous years. My... View More

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answered on Sep 26, 2022

Interstate jurisdictional issues can be tricky. Jurisdiction is most likely where he is now since you both moved out of MO. You can always file for child support where he is. However, Colorado jurisdiction it may depend on whether he has any contacts with Colorado and what those are.

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