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Questions Answered by John Hyland Barrett III

1 Answer | Asked in Family Law for Colorado on

Q: I would like to move to another state with my kids. I do have full custody but my ex husband might fight me.

Do I need to file something with the courts in order for me to move? Or get the judge's approval?

John Hyland Barrett III answered on Jul 19, 2019

You need to file a motion to relocate with the children. Your ex will have a chance to respond. The court will make the ultimate decision. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce, Child Custody and Child Support for Colorado on

Q: In Colorado, I signed form for wife to take kids to CA, but now she won't allow me any contact. what can I do? Div final

I felt it was what was best at the time (I did not have a place to live) and an agreement was made that I could see and talk to kids. Divorce is final (per her) I am trying to get copies. She refuses to allow me to visit, or even talk to the kids. Is it too late to do anything?

John Hyland Barrett III answered on Jul 16, 2019

Initially, this will depend on what the divorce decree says about this. Also, you may be able to request a modification if you are not satisfied with those provisions. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Child Support and Divorce for Colorado on

Q: Been in colorado 4 months with my two kids. Can I file from colorado for divorce

Husband and I separated...we agreed I would come to colorado while he worked on things. Once I and the kids got here he claimed to want a divorce. We have been here 4 m ths. Am I able to file in county where I reside and have it cared through colorado courts.

John Hyland Barrett III answered on Jul 16, 2019

You can file for divorce in colorado since you have been here for 91 days. However, Colorado will not have jurisdiction to decide custody issues until you have been here for 182 days before filing. Therefore, you should wait until then. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Criminal Law for Colorado on

Q: Daughter has a court date but is moving with her father from another state before that date, will she still need to go?

My daughter was caught stealing and was given a court date. I am handing custody to her father who is out of state before then, will she still need to go to court? And would one of us (her parents) need to be there? Can I get in trouble?

John Hyland Barrett III answered on Jul 9, 2019

Yes, your daughter will need to appear for court. If you retain an attorney for her, it may be possible to resolve the matter without her appearance.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on

Q: I am currently receiving $700 per month for 2 children. This was set 5 years ago when I was making a decent wage.

Now I’m unemployed due to health issues, the father moved out of state without permission, Abe is 2 months behind in payments. If I modify will the amount I receive decrease?

John Hyland Barrett III answered on Jul 9, 2019

This depends on his income. You should expect the amount to actually increase due to your decreased earnings if he is making the same or more. It could decrease if he is making less. You should get a lawyer to help you with this.

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1 Answer | Asked in Divorce and Child Custody for Colorado on

Q: I live in Denver, CO. If I have used my vacation time, can I take my kids on vacation during my holiday time?

We have 14 days of vacation and certain holidays each year.

John Hyland Barrett III answered on Jul 3, 2019

This depends on the exact wording of your parenting plan. You should have your attorney review the Plan and advise you of what you can do.

2 Answers | Asked in Divorce and Real Estate Law for Colorado on

Q: Will I be legally responsible for a house my husband who I am no longer living is buying in a different state?

I moved from Florida to Colorado and cannot file for the divorce until I have lived here for 90 days. We have already split our money and he will be paying for the house with his money. I have been asked to sign a paper saying I have no claim to the house. Does that protect me if he defaults or if... Read more »

John Hyland Barrett III answered on Jul 2, 2019

Under Colorado law, the house will be marital property since it is purchased during the marriage. All marital property is subject to an equitable division in a divorce. this means property is divided "fairly', not necessarily "equally". You should have an attorney review the document he is... Read more »

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1 Answer | Asked in Family Law and Adoption for Colorado on

Q: Is it abandonment if he knew about his child and hasn’t contacted me since he found out?

My son is 16 months old. The last time I spoke to his father was four days after I told him that I was pregnant. He was fairly wishwashy about whether or not he wanted to be involved in his child’s life, so I told him that he had my number and to call me when he made up his mind. I never heard... Read more »

John Hyland Barrett III answered on Jun 18, 2019

It may be possible for your husband to adopt your child once married. In order to do so, the father's rights will have to be terminated. Lack of contact and/or support for over 1 year is grounds for termination, if the judge finds it to be in the child's best interests to do so. You should consult... Read more »

2 Answers | Asked in Family Law for Colorado on

Q: I want to move back into my premarital house my husband is not on. We have a house, what is my financial responsibility?

John Hyland Barrett III answered on Jun 18, 2019

This depends on whether you have a contractual responsibility for the marital residence. Are you on the mortgage? If so, you and your husband are each jointly responsible for the entire obligation. Also, you have a general duty of support to your spouse, if needed. You should consult with an... Read more »

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2 Answers | Asked in Child Custody, Divorce and Family Law for Colorado on

Q: Time with my daughter.My names on birth certificate and no custody case yet she refuses to let me see her. Is that legal

Hoping to find help so i can see my daughter again and hopefully get split custody. Her mother and I are still married, my names on the birth certificate. i was forced out of my daughters life by wife when we split. There is no custody case saying where my daughter is supposed to be. She refuses to... Read more »

John Hyland Barrett III answered on Jun 10, 2019

The divorce court can enter orders for custody, visitation, child support, alimony and division of property and debts. You should see a lawyer about getting this filed so you can maintain contact with your daughter.

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2 Answers | Asked in Child Support for Colorado on

Q: What can I do, If the father has to pay over 400 and only gives $86 a month?

John Hyland Barrett III answered on Jun 3, 2019

You can garnish his wages, attach his bank account and have him held in contempt of court-which can lead to a fine and jail. You should get a lawyer to help you collect this money.

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2 Answers | Asked in Child Support for Colorado on

Q: My daughter lives with me mom. She is attending college. She will be nineteen June24. HER DAD pays 250.00 per month

She is in college and Dad feels he is done paying child support and will not help with college expenses. How do i get him to help pay for those expenses?

John Hyland Barrett III answered on May 22, 2019

Her father has no legal obligation to help with college expenses unless your divorce decree provides for that, which is unlikely. Likewise, his obligation to pay child support will end when she turns 19.

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1 Answer | Asked in Divorce for Colorado on

Q: Does i need to wait for a divorce to finalize or at what point during a divorce can i go back to my origin country ?

We where married for 14 years, i am a German citizen, we have a 12 year old son together, we agree on all terms and we not ask for any financial support from each other.

John Hyland Barrett III answered on May 15, 2019

You can leave whenever you want. However, you may want to wait until the divorce is over in case you need to make any court appearances. Also, you can not take your child with you without written permission of the other parent or an order of the court. You should get a lawyer to help you with this

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Colorado on

Q: My niece 16 victim domestic violence pregnant restraining order against boyfriend beat her

Having baby October need custody of baby do not want boyfriend or his family to have any right to baby

John Hyland Barrett III answered on May 15, 2019

Your niece should file a paternity action against the father. Her parents may have to be the one to do this since she is a minor. The court can enter custody orders. However, the father is likely to be entitled to some contact with his child. Your niece or her family should get a lawyer to help her... Read more »

1 Answer | Asked in Family Law for Colorado on

Q: If someone is only getting$750 in ssdi and has severe mental illness will child support still take from them?

John Hyland Barrett III answered on May 15, 2019

Yes, if they are responsible for child support. However, the amount will probably be fairly small. You should consult with a lawyer about this.

1 Answer | Asked in Family Law for Colorado on

Q: What are the fees to obtain a family lawyer ?

John Hyland Barrett III answered on May 9, 2019

Attorney fees will vary depending on the complexity of the case. You should call a lawyer and describe your situation and ask for a fee quote.

2 Answers | Asked in Child Support for Colorado on

Q: I forgot to include a proposed order form with a motion I just filed. Will the motion be rejected?

I filed a motion to change venue and I believe the court requires a blank "general order" form to be included with the filing, but I don't know if there are any statutes or case precedents which forgive such an error.

John Hyland Barrett III answered on May 8, 2019

This depends on how picky that court is. I have seen it rejected on that basis and I have seen it not to be a problem. If rejected, you should be able to refile. Hopefully, you will still be within the required time period. You may want to file a proposed order at this time.

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1 Answer | Asked in Child Support for Colorado on

Q: If the grandparents have custody shouldn't both parents have to pay child support?

John Hyland Barrett III answered on May 7, 2019

Parents have a legal duty to provide support for their children, even if the children are in another's custody. You should consult with an attorney if you are dissatisfied with the current arrangement.

1 Answer | Asked in Child Custody and Child Support for Colorado on

Q: If a mother refused child support in court, can she go after child support later on?

The child in question has decided to live with his mother full time, instead of going back and forth between his parents' homes. The mother, who originally refused child support in court several years ago, said that she'll go after the father for child support (should the child live with her full... Read more »

John Hyland Barrett III answered on May 6, 2019

The child support is modifiable-so it can be changed based on changes in income and residence. You should consult with a lawyer about this.

1 Answer | Asked in Child Support for Colorado on

Q: If I become a host home provider to a disabled individual does this type of income count toward child support?

This type of income is similar to foster care income.

John Hyland Barrett III answered on Apr 29, 2019

Yes, virtually all income, including this, would count.

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