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Questions Answered by John Hyland Barrett III
2 Answers | Asked in Family Law, Child Custody and Juvenile Law for New Mexico on
Q: Perhaps I didn't ask the question properly. My niece has a warrant for burglary in New Mexico. She has an 8 yr old girl

She wants to turn herself in with her lawyer but wants me to pick the daughter up before she does that so she's with someone safe. What should I do to make sure I have guardianship of her for school, medical and other things?

John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

Colorado has an informal guardianship procedure whereby a parent can delegate parental control over a minor for a 1 year(?) period. This involves signing a simple form. See if NM has a similar procedure.

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2 Answers | Asked in Family Law, Child Custody and Juvenile Law for Colorado on
Q: My niece lives in New Mexico and has a warrant for her arrest for burglary she has an 8-year-old daughter and the dad's

Not in the picture. Can I go pick the daughter up and take custody of her?

John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

No, you have no basis at this time. You could consider bring an case in NM, depending on their laws. However, I doubt there is a basis. Perhaps the mother will consent to her daughter being with you.

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1 Answer | Asked in Child Custody, Family Law and Appeals / Appellate Law for Colorado on
Q: I was approved for legal assistance but they didn't have a family attorney available to represent me, where to help

I've been going through a custody case where my daughter's mom is using my current moment of unemployment due to unforeseen back surgery. Her and her attorney have made false accusations, one after another and having a super biased magistrate and no representation, they have succeeded in... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

At this point, you may need to retain your lawyer privately, not through Legal Aid. They are not really set up to help everyone who needs it.

2 Answers | Asked in Child Custody and Child Support for Colorado on
Q: I havent seen my daughter in 3yrs. I pay child support and the mother makes excuses to not let me see her. Help.

The mother has more financial help from her husband and to top it off gets a substantial amount of money from tax returns (has 3 kids) she took off with my daughter(4yrs old) to Ohio for 3yrs and just recently married and moved to Iowa. My daughter was born in south dakota and when the mom left I... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

IS THERE AN EXISTING ORDER RE PARETING TIME? IF SO, YOU SHOULD SEEK TO ENFORCE IT. IT MAY NEED TO BE MODIFIED IF THE DISTANCE MAKES IT IMPRACTIBLE TO FOLLOW. GIVEN YOUR DAUGHTER'S AGE, IT IS LIKELY ANY VISITATION WILL BE WHERE SHE LIVES-SO YOU MAY NEED TO GO THERE FOR THE VISITS.

IF...
Read more »

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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: what does my response need to say if my ex has filed a change of parenting time motion?
John Hyland Barrett III
John Hyland Barrett III answered on Nov 11, 2020

Your response should explain why the current parenting time order is in the best interest of the child(ren). It should refute the factual allegations contained in the motion. You should get a lawyer to help you with this.

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1 Answer | Asked in Child Support for Colorado on
Q: Am I suppose to add my overtime hours on the child support modification worksheet?
John Hyland Barrett III
John Hyland Barrett III answered on Nov 6, 2020

It depends. Overtime is not considered EXCEPT if required by your employer (mandatory overtime), or if so substantial that it is appropriate to consider it. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Sworn Financial Statement: Isn't the section on children's expenses limited to the children receiving the support?

My ex has listed his college tuition contribution to our emancipated children under "Children's Expenses - tuition" on his Sworn Financial Statement. I thought Children's Expenses was referring to those kids that are subject to our child support negotiation, not our adult... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 30, 2020

I think it is ok to list this on the SFS, just like you list your rent/mortgage. However, it should not be part of the actual child support calculation.

2 Answers | Asked in Adoption and Family Law for Colorado on
Q: In the state of Colorado, can i go through the step parent adoption process successfully without a lawyer?

My son is almost 9 and my son's father hasn't had contact with him much over his life. We split up before he was born, he's not listed on his birth certificate, however there was a dna test done when he was about 5 months old by social services to prove relationship for child support... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 27, 2020

Based on this, you may be able to have your husband adopt your son. He will have to prove abandonment/non support by the bio-father. He should get a lawyer for this.

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1 Answer | Asked in Family Law for Colorado on
Q: Should I get a lawyer to have my daughters last name changed? Father hasn't been in the picture for 11 years

Courts also would like me to do a revisment on the child support that is put into order.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 23, 2020

Yes, a lawyer can be helpful, especially with the child support issue.

2 Answers | Asked in Child Custody, Child Support and Divorce for Colorado on
Q: Are braces for a child covered under child support?
John Hyland Barrett III
John Hyland Barrett III answered on Oct 22, 2020

This depends on your child support order. You should have a lawyer review yours and advise you.

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1 Answer | Asked in Family Law and Civil Litigation for Colorado on
Q: My daughter left her boyfriend and they shared a house in their name and a son. Does she need a court order for perso

Possessions? They can't agree on anything and he changed the locks. He's out for himself and not for his son.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 22, 2020

Since they are not married, she can do a custody case for issues regarding their son. She may need to do a partition action (lawsuit) to deal with the house. She can do a replevin (lawsuit) for her personal property. She should get a lawyer to help her with all this.

1 Answer | Asked in Adoption, Child Custody and Child Support for Colorado on
Q: My daughter's father is required to pay child support and has never had a job in the 25 years of his life

His mother has been paying his child support for the last two years, he says the only job he can handle is "selling pot" and has refused to spend his court ordered time with our daughter right up until he found out i was getting married at which time he made false reports to cps and many... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 15, 2020

You have to obey the current parenting plan unless the court changes it. You can file a motion to modify the parenting plan in the best interests of your daughter. I do not see that it is a problem for his mother to pay the child support. Your husband can probably not adopt without the... Read more »

1 Answer | Asked in Child Support for Colorado on
Q: Child support question

Hi I live in Colorado and a year ago I found out I might have a 14-year-old son. He was being raised by his mom and his father but his mom decided to let me know that he could be mine now they are trying to get child support from me is this something I am legally responsible for?

John Hyland Barrett III
John Hyland Barrett III answered on Oct 14, 2020

You may be responsible if he is your biological child. The mother would have to bring a paternity case against you. Then there could be paternity testing done to determine if you are the father. If that happens, you should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What is the difference between a CFI and a GAL? I’m confused

Which one is better? Who goes into more detail to benefit the child? Child is young, 6 years old this is a high conflict custody.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 8, 2020

A CFI is a "Child and Family Investigator". This is person appointed by the court to investigate the situation na give recommendations to the judge about a disputed custody issue. The CFI is usually a mental health professional or an attorney. The parties are usually responsible for... Read more »

2 Answers | Asked in Family Law for Colorado on
Q: My ex won’t let me take either of my 2 daughters to any medical appointments.

He’s now insisting on being the one to take them to all medical, dental and vision appointments. I feel we should take turns since we can’t both go in right now. He’s fighting me on it. We have 50/50 everything. I know it’s a power play but I don’t know what to do.

John Hyland Barrett III
John Hyland Barrett III answered on Oct 6, 2020

Assuming there is a court order regarding parental responsibilities, there should be an allocation of medical decision making. Perhaps joint as you indicate. In that case each parent has the right to attend medical appointments. You should have a layer review your order and advise you.

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1 Answer | Asked in Family Law for Colorado on
Q: My ex left the state for work but wanted to keep our week on week off schedule in place allowing his new wife

To care for our daughter during his normal week. I agreed to give it a trial period, and see how our daughter handled her dad not being there. However, his new wife has failed to answer all but one of my calls during the week, despite orders stating we are both allowed to call our daughter while... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 1, 2020

This requires a review of your current parenting plan to determine exactly what you can/cannot do. You can file a motion to modify the plan if the current plan is not in your child's best interests. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: Sister in law has filed for divorce, her husband has blocked her access to funds, how can this be restored?

My sister in law has filed for divorce after significant domestic violence and arrests of her husband. Her husband has blocked her access to bank accounts and credit cards and has no money to live on, how can her access to marital property and funds be restored so she can live and pay bills until... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 30, 2020

She can ask the court for temporary maintenance. She should get a lawyer to help her.

1 Answer | Asked in Family Law for Colorado on
Q: My ex made false allegations about me being domestically abusive to her and abusive to my daughter 10 day protection ord

So this last Friday my ex came and verbally we had a thing that she's going to pick up the kids Friday Saturday Sunday Monday but instead she shows up but the cops but the protection order saying that I abuse her and my daughter and they took my daughter and gave her custody but they let my... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 29, 2020

I am assuming there is a hearing set to decide whether the protection order will be extended. If so, you need to be prepared to present evidence at that hearing to show that her allegations are false. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: My wife filed for divorce and is refusing to let me see our 11 year old son. Yesterday after I emailed her if we could

sit down and come to a fair and agreeable parenting schedule, she filed a restraining order against me, essentially eliminating any contact with my son. The court date for the protective order is Oct. 8.

What options are available to have this bogus order lifted prior to the Oct. 8 court... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 22, 2020

It is probably not possible to get it lifted before the hearing. You need to be prepared for the hearing and should get a lawyer to help you with this.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: If my daughter gets her GED and moves in with me, do I still pay her father child support?

My daughters father had her get her GED about a year ago at age 17 instead of letting her finish high school. She moved in with me in April and turned 18 in June. My check is still being garnished to pay child support. What should or can I do?

John Hyland Barrett III
John Hyland Barrett III answered on Sep 22, 2020

Child support is payable until age 19. You can file a motion to modify support based on her change of residence. You should get a lawyer to help you with this.

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