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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Mother is requesting relocation to NM & child wants to live with Father what statute applies?

Child is almost 12 years of age and has an amazing relationship with Father. Mother denies visits, communication, and love from child to Father frequently. Father has every weekend 2 night visits currently and court recently denied Mother to restrict parenting time. Mother just does not want to... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 27, 2018

Relocation is covered by CRS 14-10-129: best interests of the child. you should retain an attorney to assist you with this situation.

1 Answer | Asked in Family Law for Colorado on
Q: I'm writing my Opening Bried for the Colorado court of appeals after my APR family case in Colorado.

My original case was built by my less-than-correct past attorney, from title 14, granting me only psychological parenting status. During my appeal, am I able to cite other cases that are under title 19, the Common Law De Facto Parenting Theory, or more case law that was not mentioned in my original... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 21, 2018

You are free to cite any case you want. It does not matter whether you cited them before. Same for cases cited by the other side. Colorado cases will be the most persuasive.

1 Answer | Asked in Divorce for Colorado on
Q: I divorced my husband and we got back together, do I refile for divorce?

I divorced my husband in the state of Colorado and we reached a settlement agreement through the court, which he did not payout to me. We got back together, purchased a home, and have continued to file taxes for financial purposes. We have been living as husband and wife for over two years and we... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 19, 2018

This is very complicated. If you remarried him through a common law marriage, then your prior divorce terms are not in play. You need to file for a new divorce with a new property settlement. If you did not establish a new common law marriage, your prior agreement may still hold. Based on just this... View More

1 Answer | Asked in Family Law for Colorado on
Q: Need advice on Colorado family law there are children and abuse of the wife

My daughters husband has gone from abuse to physical abuse she has sent me pictures. She wants to come to CA where I live to get away from him. Can she just leave the state?

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 18, 2018

She can leave. The question is: can she take the children? If a divorce has been filed, there is a restraining order stating that neither party can remove the children from Colorado without permission of the other party or a court order. Your daughter should retain an attorney to advise her how... View More

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can the mother of my child get a Amber Alert issued without a custody order, and does residency constitute custody?

The mother of my 2 girls, ages 2 and 5, moved them to the state of Connecticut (from Colorado) in July of last year. There was an order in place (in Colorado) with our oldest daughter that clearly stated neither parent was to leave the state with the child. The court told me she could get a warrant... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 18, 2018

You may want to file for custody of the children if you feel it is in their best interest. It is not clear what court has jurisdiction-Colorado or Connecticut. You should retain an attorney to review your situation and advise you how to proceed.

1 Answer | Asked in Child Support for Colorado on
Q: Can I still get child support after 30 years if it’s in the divorce decree?

He is on disability now.

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 18, 2018

You may be able to collect part of it. Generally, there is a 20-year limit. There are also limits on garnishing disability payments. You should retain an attorney to advise you.

1 Answer | Asked in Family Law for Colorado on
Q: What would be the consequences of getting my son a passport without his father's signature?

I have not heard from his dad in over 7 years and raised my son on my own. I would like to take him on vacation to see where his family came from. I have decision making and sole custody of my son clearly, his dad originally had supervised visits only, before he stopped coming around. I am simply... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 15, 2018

I do not know the passport requirements in your situation. I do not see a problem with you getting one if you can.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Is parent-child integration plan required?

Paternity test confirmed I have a two year old child with ex girlfriend whom I have never seen. I immediately set up child support payments and want to be in my child's life however, the child's Mother is requiring I pay for third party supervised visits and a 18 month integration plan... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 13, 2018

It is up to the court if you can not agree. You need to file an APR to get the court involved. I don't see the need for supervised visits in the absence of substance abuse etc. a short re-integration plan is probably good-not18 months.

1 Answer | Asked in Probate, Estate Planning and Elder Law for Colorado on
Q: What happens if a person does before they sign they're WILL?

WELL THE SITUATION IS THAT MY SIGNIFICANT OTHERS FATHER IS IN THE HOSPITAL. HE IS NOT EXPECTED TO MAKE IT MUCH LONGER. NOW THE PROBLEM IS THAT THERE ARE CAREGIVERS TRYING TO TAKE EVERYTHING HE HAS AND NOT LEAVE HER WITH ANYTHING. I HAVE A WILL BUT IT WAS NOT SIGNED BEFORE HE WENT INTO THE HOSPITAL.... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 13, 2018

If he dies without signing the will, his estate will be distributed according to the law of intestate succession. Generally: to his spouse; if no spouse, then to his children.

1 Answer | Asked in Family Law and Divorce for Colorado on
Q: What is maintenance in a petition for dissolution of marriage in Colorado?

My ex has filed for a period of dissolution and it lists “maintenance, if applicable” I am not sure what that means? Is it like alimony?

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 6, 2018

Yes, maintenance is what Colorado calls alimony -spousal support.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Can a Court Order a Parent Cordinator if it has been 4 years since their appointment has lapsed?

Opposing councel is requesting we have our old PC/DM reaapointed. The lady was crazy biased and we have not used a PC/DM for 4 years. Do I have a legal right to refuse a PC/DM? It is unaffordable and the last one did nothing to make our situation better. I never want to use one again. If so which... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 6, 2018

The court can only appoint a PCDM w/ consent of both parties. You may have previously consented to appointment of a PCDM. That consent may still be binding. You should retain an attorney to review your paperwork and advise you. This is covered by CRS 14-10-128.3.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: My babies father was violent with me and is now in jail and then prison. I’m having twins, is there a way to get support

He will be in prison for at least a year but was making $7600 a month before his arrest. I have his pay stubs and tax return which he provided to me. I don’t make much money in spite of working very hard and I am concerned that I won’t be able to support the girls without payment from him

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 6, 2018

You can request the court enter an order for child support. It may be based on his prior income if he still has the ability to pay. You should retain an attorney to assist you in this matter.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: My daughter turned 18 and moved out, do I have to pay until she's 19?

She supports herself completely and does not live with myself or her mother. Can I have her removed from the support agreement?

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 5, 2018

This depends on whether she is emancipated. She may be since you say she lives on her own and supports herself. If you and her mother agree, you can file a stipulation to end your support obligation. If she does not agree, you can file a motion to terminate support. You should retain an attorney to... View More

1 Answer | Asked in Family Law for Colorado on
Q: hi, i live in Colorado with my two 19 year old and they are declining to travel for visitation to Puerto Rico .
John Hyland Barrett III
John Hyland Barrett III
answered on Jun 4, 2018

If the children are age 19, they are legal adults and can decide for themselves whether to visit.

1 Answer | Asked in Divorce for Colorado on
Q: Can I get an amendment to a finalize divorce stating that my ex is allowing me to buy him out through a refinance?

I have been divorced almost six years. My ex wanted to keep the home, so we agreed that he would refinance within a year. (Money was tight, and we didn't use lawyers.) Here it is, almost six years later, with no refinance, and the house is still in my name. My ex decided recently that he... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 1, 2018

You will be able to modify your decree if both of you agree. You should retain an attorney this time to prepare the amendment and have it approved by the court.

1 Answer | Asked in Child Support for Colorado on
Q: My child turns 19 on June 9th. Would the month of May be my last required payment or June?

No extenuating circumstances. The CS order reads that support ends when the child turns 19.

John Hyland Barrett III
John Hyland Barrett III
answered on May 31, 2018

In my opinion, you owe for June. Some people would think you only owe until June 9 and get to pro-rate the June payment, but I believe the obligation is for the whole month.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: i was assaulted by my ex when i was picking my son up and i am worried if i she picks him up she will run away with him
John Hyland Barrett III
John Hyland Barrett III
answered on May 23, 2018

You may want to file for a civil protection order that will limit her contact with you and your son. You should retain an attorney for this. Also, you could contact the police since assault is a crime.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I have my child's bio mom's rights terminated - she hasn't seen him since birth 4 years ago, and pays no support.

My son's mom signed initial papers to place for adoption when he was born, but never final relinquishment papers (she disappeared on drugs). I was out of state, but said I wanted custody as soon as I was notified of his birth (we are still legally married). After he was in foster care for 10... View More

John Hyland Barrett III
John Hyland Barrett III
answered on May 23, 2018

Usually, termination of parental rights in a case like yours only happens in case of a step-parent adoption. If that is done, her rights probably would be terminated and your spouse could adopt. Otherwise, the court will think there is no reason to terminate.

1 Answer | Asked in Probate for Colorado on
Q: Hi, we are at the tale end of probate, all creditors have been paid my husband is the executor and the beneficia

When does he write a check to himself? before closing probate or? we have to leave the esate open because we are still waiting on VA money possibly

John Hyland Barrett III
John Hyland Barrett III
answered on May 22, 2018

He can write a check to himself now if he is sure all creditors have been paid. You may want to retain an attorney to make sure everything is done correctly.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: If i primary lived with my dad, could i live with my mom?

My parents have 50/50 custody, but im old enough to choose who i live with. I chose to live with my dad primarily, but now things are changing and I'd like to live with my mom primarily. Can i do this?

John Hyland Barrett III
John Hyland Barrett III
answered on May 21, 2018

You can choose where to live at age 18. If you are younger than that, it is up to your parents or the court to decide.

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