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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Divorce, Family Law, Child Custody and Small Claims for Colorado on
Q: I was divorced in Iowa in 2017 and recently moved to Colorado with my 13 year old daughter. My Iowa attorney is not

Following through with the contempt charges on my ex for his multiple violations of the divorce decree. He has not been responding to my messages or those from opposing council, regarding papers served to me requesting a modification in custody. I tried to meet with him while I was in Iowa last... View More

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

Assuming your case is still in Iowa, you should get an attorney there. A new attorney is going to have to spend some time reviewing the prior filings. However, it may not be necessary to read every one. It depends on whether the old filings have anything to do with the current issues. However, some... View More

1 Answer | Asked in Family Law for Colorado on
Q: My wife isnt getting her court ordered visits with her daughter.

My wife has a 3 year old daughter from a previous relationship that, due to her history with drugs, has lost her parental rights and they were allocated to the paternal grandmother. In the final orders from the court she is supposed to get 2 supervised visits for 2 hours each every week with her... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 30, 2019

Your options are to comply with the existing orders or seek modification of those orders. It seems the order is for a visitation center unless there is an agreed-upon third party supervisor. Since there is no such agreement, you need to use a visitation center. If that is not practicable, you can... View More

1 Answer | Asked in Child Support for Colorado on
Q: How fast can I get child support?

My husband and I separated in may we have two kids I'm disabled and have no income.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 30, 2019

It will take some time after you file for divorce. There is an initial status conference that is scheduled within 45 days. The court can then schedule a temporary orders hearing for child support. You should get a lawyer to help you with this.

1 Answer | Asked in Child Support for Colorado on
Q: I am an adult seeking owed child support from my father who was court ordered to pay it. What are my options
John Hyland Barrett III
John Hyland Barrett III
answered on Dec 17, 2019

The best person to pursue a claim for unpaid support is your mother. I am not sure that you have the right to do so. Your mother should get a lawyer to help her with this.

1 Answer | Asked in Child Custody, Child Support and Family Law for Colorado on
Q: I am having a custody and child support issue with my ex-wife. She engages in malicious parenting syndrome. Can you help

Filed for arrears falsely. Keeps my daughter and son from me for no reason.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 17, 2019

I do not know what you mean by "malicious parenting syndrome". However, you may be able to defend the claim for arrears if she in fact filed for it falsely. You can also insist on compliance with the Parenting Plan so she does not withhold the children. You should get a lawyer to help you with this.

2 Answers | Asked in Criminal Law and Domestic Violence for Colorado on
Q: If the "victim" in a domestic violence case doesnt wish for the def. to be charged can the charges be dismissed?

My fiancee and the father of her child had an altercation, some property was damaged, and he was arrested on domestic violence charges earlier this evening. Both parties settled things and were un agreement that damaged property would be replaced prior to police involvement, and the police were... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 17, 2019

This is out of her hands. The police do not respond in order to document damages to property. They respond in order to investigate a crime and to prevent further criminal activity. There are no roses to smell here.

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1 Answer | Asked in Child Support for Colorado on
Q: Can I file for more support if my x has new living arrangements? His living costs are now cut in half due to living...

with someone else. half rent /utilities etc. While I am struggling month to month

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 11, 2019

Child support is determined primarily on the respective incomes of the parties. So, I do not think his change in living situation will justify a modification. there may be other grounds for modification. You should consult with an attorney to see if there is any basis for requesting a change.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Court says that I pay for 1/2 of our sons’ sports but ex wife put them under her fiancé’s last name. Do I still have to?

Court order parenting plan says I will pay half for sports but she is registering them under his last name. I feel that if she’s not using their legal last name I shouldn’t be required to help other than child support.

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 11, 2019

You need to obey the court order. By your description, you are to pay 1/2. You may be able to address the problem by advising the team of your son's actual last name.

1 Answer | Asked in Divorce for Colorado on
Q: I received notice that my ex wifes motion was granted because I did not respond in time. I sent in my response

I validated my response was received prior to the order. The court clerk says since it was labeled RE: and not "response."

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 3, 2019

You can file a motion for reconsideration pointing out that you did respond. You should get a lawyer to help you with this divorce so things are done right from now on.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: The mother of my brothers child is withholding his daughter from him until he signs custody papers. W

We’re in Colorado, Colorado doesn’t have “custody” laws but calls it “parental responsibility.” He used to live with them for years and years. In and out. Now, that my brother is in a new relationship his baby mom has become very on edge. She has told his girl friend that she’s the... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 10, 2019

Either party can file a court action to establish a parenting plan and child support obligations. Your brother should consult with an attorney to determine how best to proceed.

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1 Answer | Asked in Family Law for Colorado on
Q: The father of my child has not been complying with the parenting plan we agreed to can I apply for abandon?

He also don’t help with our child’s living costs there is no child support put in place either

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 27, 2019

There is not really such a thing as "applying for abandonment". You may be able to request a modification of the parenting plan or change in child support. You should consult with a lawyer about this.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Hello I am now 18 years old, since I was six my parents have shared custody over me and now that I turned 18 I thought

Was over but my dad told me that in Colorado the arrangement apples till age 19 is this true and in either case how is child support affected (I am attending college)

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 25, 2019

At 18, any prior custody orders are no longer in effect. You can decide yourself how much time you want to spend with each parent. Child support orders still apply until age 19.

2 Answers | Asked in Divorce for Colorado on
Q: Needing legal assistance as to how to file for divorce without going to court. Currently living together.

We do not have children together. No mortgage just rent together that is 1600.00 a month.

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 25, 2019

An attorney can help you with filing for divorce. You will not need to have a court appearance if you reach an agreement with your spouse on property and debt division and payment of maintenance (alimony).

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2 Answers | Asked in Family Law for Colorado on
Q: My daughter is going to be served with paternity case. She has always maintained this man is not the father.

Is it worth trying to fight this in court. She was and still is married to another man at the time but has no contact with him do to a protective order she obtained three years ago

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 18, 2019

There is a legal presumption that the husband is the father. This can prevail even if another man is the biological father- if the court finds that it is appropriate to name the husband as the legal father.

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2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My ex filed a motion to modify parenting time for 5 year old and wants 50/50, week on/week off. How can I prevent this?

We attended mediation and weren't able to resolve anything because I feel strongly that more time with his father would not be in our son's best interest (he is an admitted abuser and alcoholic). Since then, I have found another 50/50 plan that I would consider trying, but he won't... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2019

In a case like this, you should consider requesting appointment of a CFI (Child and Family investigator) or a PRE (Parental Responsibility Evaluator). That person can do an evaluation of both parties and the child and prepare a report for the judge. Also, you should get a lawyer to help you with... View More

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2 Answers | Asked in Contracts, Divorce and Real Estate Law for Colorado on
Q: With a current month-to-month lease after lease expiration and couple separated, can I create new lease with one party?

Married couple rented my home in 2014, they have recently separated and he moved out. She wants to remain but is requesting a new lease with him left off. They renewed their lease in 2017 but are currently living month to month after that lease expired in 2018. I want to ensure he can't come... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 5, 2019

To be safe, you should formally terminate his tenancy. If it is a month to month tenancy, it can be terminated by written notice served at least 21 days before the expiration of the monthly tenancy. There may be other or different terms in the prior lease which should be consulted.

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1 Answer | Asked in Family Law for Colorado on
Q: My wife moved from California where I live, to Colorado with our son and now wants a divorced. What can I do?
John Hyland Barrett III
John Hyland Barrett III
answered on Nov 5, 2019

You should get a lawyer here in Colorado to review your situation and advise you how best to proceed.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Can I file for full custody if I don't know were ex is? What is the process to change/modify existing orders?

Ex has not seen or spoken to kids in 7 years, over $60,000 behind CS, never sent anything to kids and left CO years ago. He was supposed to go back to court to have 50% cust. after completing certain task, but never did. I have made every decision and full care/support for our kids since the... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 4, 2019

You can ask the court to grant you sole decision making and parenting time(custody). This needs to be by filing a motion to modify the existing orders. You should get a lawyer to help you with this.

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2 Answers | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Colorado on
Q: Is it possible to get an emergency custody court order?

My ex-husband was recently arrested. His mother (my child’s grandmother) took her and refuses to give her to me. Since I don’t have a custody court order I cannot get her back. I am at loss for what to do. Is it possible to get an emergency custody court order?

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 4, 2019

You can request the court grant you custody on an emergency basis. You should get a lawyer to help you with this.

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2 Answers | Asked in Child Support for Colorado on
Q: After Child support is cancelled by both parties, can one of the parties file again for child support for the future?

none

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 17, 2019

The parties can not cancel child support. Only the court can do that. The court can approve an agreement by the parties that modifies child support-even to zero. However that agreement will not be approved unless the court finds that it is compliance with the child support guidelines, or that good... View More

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