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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Arbitration / Mediation Law, Divorce and Family Law for Colorado on
Q: lived in Co 5/01-5/17 served divorce ppra 6/1/17. Moved to TX 7/17 for job Spouse atty sez I must trvl to CO for depo?

I’m willing to do deposition, just cannot afford to travel to CO from TX. I’m broke. Can petitioner’s atty force me to travel for. TX to CO at my own expense? I my view (and my CO atty’s View) the petitioner is attempting to make this process as difficult (expensive) as possible for me. If... View More

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

Since you have an attorney in Colorado, you should discuss this with them and follow their advice.

1 Answer | Asked in Family Law for Colorado on
Q: I was served contempt of court motion and order to issue citation show cause and the filing person didn't sign them?

My ex-husband filed contempt of court papers for me not sending my kids for their spring break visitation. They did not want to go due to mediation during that time. I filed papers to have this visit suspended. It was denied. After I found out the spring break was almost over. I offered make up... View More

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

You can request to appear by phone. It will be up to the judge to decide whether that is ok. Contempt proceedings usually require an in-person appearance. You should retain an attorney to represent you as contempt may be punished by a fine or jail.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: My son turned 18 yo 3 mo ago. He wants to move in with the noncustodial parent now. Can he w/o coc/lawful repercussions?

Case in Arapahoe County, CO. There is a child support order in place. There is nothing in the order that states further action after the age 18 of minor children.

John Hyland Barrett III
John Hyland Barrett III
answered on May 16, 2018

At age 18, your son is a legal adult and can live wherever he wants. However, child support goes until age 19. the child support may have to be adjusted. you should retain an attorney to discuss that issue.

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1 Answer | Asked in Divorce and Child Support for Colorado on
Q: Will I have to pay my husband child support if he makes 4x's the amount than I do?

My husband filed for divorce and hired a lawyer. I moved out of the house, after he filed, and I cannot afford a lawyer. I have 3 children, he is the father of 2 of them. I am seeking Maintenance and child support. The 2 children, ages 3 & 5, spend 60% of the nights with their father, so we... View More

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

The child support is determined based on the child support guidelines. Those factor in the number of children, the percentage of overnights, health insurance for the children. You should retain an attorney to run the calculation and advise you how to proceed. It is possible that your husband may... View More

1 Answer | Asked in Criminal Law and Internet Law for Colorado on
Q: I'm 24 and like an idiot sexted with a 15 yr old and we exchanged pics. I just got this text:

I am an investigator with the internet crimes against children task force. I'm trying to contact you today in reference to a formal complaint that has across my desk involving yourself and a minor. As of right now you're not in any trouble but you do need to contact me as soon as you... View More

John Hyland Barrett III
John Hyland Barrett III
answered on May 10, 2018

This is a scam. I heard about this exact thing on the radio the other day. They will ask you for money to make it go away. Rest assured no actual law enforcement officer would contact you this way. Just ignore it.

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: if a custody order was put in place 10 years ago and both parents got back together a year later and have filed taxes

is the court order still valide

John Hyland Barrett III
John Hyland Barrett III
answered on May 9, 2018

This may depend on the exact wording of the order and in what context it was issued. For instance, if it was a divorce and the parties have remarried, it would not still be in effect. The parties may have a common law marriage if they live together and hold themselves out to the community as being... View More

1 Answer | Asked in Divorce for Colorado on
Q: Is an settlement agreement via email legally binding
John Hyland Barrett III
John Hyland Barrett III
answered on May 7, 2018

It's really hard to answer this without seeing the email exchange. Parties can come to a binding agreement via email. However, in a divorce case, any agreement has to be approved by the court in order to become a court order. The court may view the emails as just negotiations- not as a binding... View More

1 Answer | Asked in Divorce for Colorado on
Q: In what order should a request for service by publication and divorce paperwork?

I need to divorce a person who has been absent for over six years. I have no way to reach him or his family. I believe he is living in another country. We have one minor child - he has not paid child support for the child since September 2012. I'd prefer to represent myself due to financial... View More

John Hyland Barrett III
John Hyland Barrett III
answered on May 7, 2018

You would file the Petition first. Then the motion for Service by Publication.

1 Answer | Asked in Divorce for Colorado on
Q: My spouses attorney wants an official appraisal on both our houses, we have a written settlement, is the appraisal reqd?
John Hyland Barrett III
John Hyland Barrett III
answered on May 7, 2018

The appraisal is not required by the court. It is common to get an appraisal in order to negotiate a settlement or to use in court if no settlement is reached.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What should I do if my baby's father filed a temporary order of protection

I have been on and off drugs and am currently on methadone and going to counseling, I don't currently have my own place to live because my child's father kicked me out of our place, he also took my car so I don't have transportation or a job either, does that affect the courts... View More

John Hyland Barrett III
John Hyland Barrett III
answered on May 3, 2018

Your lack of housing and transportation will certainly affect the court's decision. So will his domestic abuse. You need to stabilize your life so you can be part of your child's upbringing.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Colorado on
Q: I just found out I have a 9 year old daughter. Should I seek council?

Regardless of what I want, the Mother and her husband are going to seek adoption. Speaking with her lawyers, she will give assurance she won't go after back child support, even though I just found out about this child. I would like to know my options and if I should seek council.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 30, 2018

You should retain an attorney to fully explore your options. Ordinarily, you would have a responsibility to pay child support, even possibly back to birth, and certainly going forward. You may also have the option of being recognized as the child's legal parent and be entitled to an... View More

1 Answer | Asked in Child Custody and Divorce for Colorado on
Q: My ex dropped my child and I off in co. From Louisiana. How does that affect custody

We moved w our son from co. To la. In July. My husband had an affair wants a divorce and drove us back home and flew back to Louisiana end of Dec.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 30, 2018

Colorado will have jurisdiction to decide custody if the child has lived here for at least the last 183 days. At that point, you can file for divorce and request custody. you need to retain an attorney to further advise you.

1 Answer | Asked in Family Law for Colorado on
Q: Do we need to get a POA or temporary guardian?

Hi we intend to send our son to live with a friend while Im on assignment overseas. From legal view - what do we need to complete for this to work?

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 30, 2018

You can sign a temporary guardianship form which will provide your friends with temporary parental authority. An attorney can prepare this for you.

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: At what age does child support stop when paid to a caregiver, not to a biological parent?
John Hyland Barrett III
John Hyland Barrett III
answered on Apr 25, 2018

In Colorado, child support is payable until age 19. It should not make any difference to whom it is paid.

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2 Answers | Asked in Family Law for Colorado on
Q: In Colorado what is the law about a 9 year old boy and a 4 year old step brother sharing and sleeping in the same bed
John Hyland Barrett III
John Hyland Barrett III
answered on Apr 24, 2018

There is nothing in Colorado law that prohibits siblings from sleeping in the same bed. This is a parenting decision.

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2 Answers | Asked in Family Law for Colorado on
Q: My son's mother is moving in with a girlfriend, with our 2-year old son. How can I make sure it's an appropriate home?

I live in New Mexico, my son's mother has lived in Denver for a year with our son. She has a daughter from a previous marriage, aged 16. She is going to be moving in with a coworker and girlfriend. Both me and her daughter's father (also New Mexico) are concerned that this will not be a... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 24, 2018

This may depend on what the court order says. If the mother has residential custody, she can determine the living situation unless it poses some harm to the child. I don't see anything in your query that indicates what harm you are concerned with. You should retain an attorney to review your... View More

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2 Answers | Asked in Family Law and Real Estate Law for Colorado on
Q: What are reasonable 'personal items' in a separation agreement?

One party (staying party) is keeping the house and it's content, except for the other's (leaving party) personal items. Where would pictures taken, framed and hung by the leaving party party fall? As house content or personal items. The pictures and their frames can be removed from the... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 20, 2018

If these items are important to the parties, their disposition should have been detailed in the agreement. Suggestion for photos: have copies made and each gets a set.

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2 Answers | Asked in Divorce for Colorado on
Q: Can I ask a temporary use orders hearing be dismissed in a divorce case?

In divorce court scheduled a temporary orders hearing April 5, 2018. I filed an emergency motion for the use of one of our vehicles. The court moved the hearing to April 3. My wife responded to the motion by sending her response. At the hearing my wife did not show up. I was given what I requested... View More

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

You could ask the court to reconsider its decision since you were not given the opportunity to respond to her motion. However, at this point, your best bet is to just prepare for the new hearing. I doubt the court is going to reverse its ruling about having a hearing where both parties can appear... View More

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2 Answers | Asked in Divorce for Colorado on
Q: How to properly fill out divorce petition.

I am looking at part 19 which states "I/We ask that the court enters orders regarding the -status of the marriage, -maintenance, - division of property and debts, -restoration of the previous name of the party, or -and any other necessary orders. At this point I do not know what we will agree... View More

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

You should check anything which you may want to request. You do not need to have an agreement at this time. For instance, you should check "maintenance" if you have any possibility of requesting maintenance as part of the divorce.

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2 Answers | Asked in Family Law, Divorce and Real Estate Law for Colorado on
Q: My wife was deeded her fathers 50% of her fathers house where her and I lived. can I file marital property on this?

1.5 years in mariage wife’s father deeded his house to my wife and her brother 50/50. He sold them each a 50% share for $1. We lived in the house for 1 year when she filed divorce. She quit claimed deeded the property back to her father for $1 the afternoon of the day I moved out. Can I claim... View More

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

Generally, a gift of property is separate property. However, any increase in the value of that separate property is marital property, subject to an equitable division by the court (meaning a "fair" division, not necessarily an "equal " division) The court can consider the... View More

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