Lawyers, Answer Questions  & Get Points Log In
Questions Answered by John Hyland Barrett III
1 Answer | Asked in Family Law for Colorado on
Q: Is an Intent to File Parenting Plan Changes signed by both parties and notarized an enforceable temporary order?

My daughter's mother and I have a parenting plan. We mutually agreed outside of court that some of the items needed to be changed such as switching bi-weekly visits from one overnight to two overnights. We drafted an intent to file parenting plan changes and the document is notarized but never... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 24, 2022

Your agreement can not be enforced as a court order until/unless the court approves it and makes it an order of the court. You should be able to file it on your own.

3 Answers | Asked in Real Estate Law and Probate for Colorado on
Q: My sister lied to the courts to sell our mothers house after she passed away by stating she was the only child what can

We do

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 16, 2022

You should file a response in the probate case indicating that you are an heir to the estate. You should get a lawyer to help you with this.

View More Answers

1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: I am married, just filed for divorce. My wife lives in NC, I live in CO with our minor child and need to move to KS.

I have residential custody and there is already a parenting time plan in place, filed and approved by the courts as a result of a abuse/neglect investigation involving my wife. She moved to NC during that investigation before there was a parenting time order. She now says I'm not allowed to... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 14, 2022

You need her consent or an order from the court allowing the move. If she will not consent, you should file a motion to approve the move. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Colorado on
Q: If I moved to CO from NV w/ my son after circumstances w/ my son's mom. Neither has legal custody. Is it a problem?

My son's mother was arrested in NV for DV against me. She had a Protective Order placed on her for a month afterward. She said she wanted to see our son after the 30 days after the Protection Order ended and never showed. She made 2 arrangements with me and never showed up. The mom's... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on May 16, 2022

You will need to deal with the court case in NV. Yes, you can be served in Colorado. You should get a lawyer in NV to help you with this. There may be an issue whether NV or CO should make the custody decision.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Family law,and out of state custody

How do I go about getting a lawyer in North Carolina, I live in Montrose Colorado,and I'm trying to get my daughter's back from their father wrongfully removed them,and no his mother is trying for custody

John Hyland Barrett III
John Hyland Barrett III
answered on May 9, 2022

I suggest contacting the bar association in that area and request a listing of local attorneys who do custody work. That should give you a start. Good luck.

2 Answers | Asked in Divorce for Colorado on
Q: I have been married for 29 years. Will my husband be entitled to 1/2 of my retirement if we divorce?

I have worked for my entire marriage but my husband hasn't and has no retirement plan.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 4, 2022

The portion of your pension that you earned during the marriage is marital property. Marital property ,including the pension, is subject to an equitable division. So, yes, he will get 1/2 of the pension, assuming it all was earned during the marriage.

View More Answers

1 Answer | Asked in Divorce for Colorado on
Q: I'm not sure what this means I'm not the petitioner and what does it mean if anything if he has left home now.

Pending sale, petitioner shall be responsible for all loan payments, insurance, taxes, utilities and maintenance, and petitioner shall be accorded possession of the property pending sale. I don't have a job but he left the home after this was made house is in both of our names. The house never... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 11, 2022

I would need to actually read the order to be sure, but it sounds like he was to pay the mortgage etc. until the house sold. You should consult with a lawyer to help you decide how best to proceed. The fact that he left does not change the order.

2 Answers | Asked in Child Custody and Family Law for Colorado on
Q: How do I request a child investigator? What is the paperwork?
John Hyland Barrett III
John Hyland Barrett III
answered on Feb 21, 2022

You have to file a motion requesting the court appoint a Child and Family investigator (CFI). The cost is usually about $2750 to be divided between the parties depending on their respective financial circumstances. You should get a lawyer to help you with this.

View More Answers

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I request a judge to speak to my kids regarding the treatment they are receiving at their fathers house?

We have 50/50 custody, the father lives in Canon City and I live in Fountain. I am planning on moving to Denver before the end of the year. Can I request and be granted full custody due to employment?

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 18, 2022

You may request that the judge interview the children. Many/most judges will not do so. Another option is to request a CFI (Child and Family Investigator) who can report on the situation. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Our daughter is 18 and a full time college student

Our daughter just turned 18 Feb, 11. She's a full time college student at a university since Aug 2021. We have a 9 year old son as well. Currently monthly payments are $1232 a month to which he hasn't paid in over a month and he's 23k in arrears. Payments were consistent for 2 years... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 15, 2022

In Colorado, child support lasts until age 19. You can get a judgment for the back support plus interest of 12% per annum. However, it may be very difficult to collect the judgment if he is in another country. You should get a lawyer to help you with this.

2 Answers | Asked in Appeals / Appellate Law and Divorce for Colorado on
Q: Can I appeal a divorce decree?

My x and I had a house in FL. He is former military so it was a VA loan. It went in to pre foreclosure in 2014 while we lived in another country. He was receiving the funds but not paying the mortgage. I came back to the states when I found out and, I managed to get a modification on the house.... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 15, 2022

You may be able to file an appeal. There are strict deadlines file an appeal. YOU SHOULD GET A LAWYER TO HELP YOU WITH THIS.

View More Answers

1 Answer | Asked in Divorce for Colorado on
Q: My wife and I are going to divorce, she wants me to cosign on a home before we divorce. What is the possible scenarios?

One of her stipulations is that I cosign for her home to buy as part of the divorce. She claims I will not be liable for any payments and we can put that in the separation agreement. She can not afford a mortgage on her own, she is planning on renting out two rooms to make the payment. Is this... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 14, 2022

Realize that if you do this, you will be responsible to the mortgage company for the payments regardless of what your separation agreement says. You can get a divorce with or without her agreement. y

You should consult with a lawyer to review your entire financial situation and advise you...
Read more »

1 Answer | Asked in Estate Planning and Family Law for Colorado on
Q: If I inherited money and placed that money in my husbands bank account that only has his name on it.

Then give that money to his mom to buy us a house. Now separated and she sold the house and we are goin through a divorce. Am I entitled to all the money back. Or do I need to split it with my ex husband. Do inheritance laws prevail or are they trumped once I deposited that money into his account

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 11, 2022

That money has become marital property. It is now subject to an "equitable" distribution. This means a "fair" division, not necessarily an "equal" division. You should get lawyer to help you with this.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Divorce for Colorado on
Q: my wife served me with divorce papers. She began stealing both our accounts and our business account we are still marr

We are still married as the judge continued the divorce until July. I was wondering while we waited, how I can get my money back, as she stopped checks to both my lawyers, leaving them unpaid, and me in a financial burden. I believe she also used my signature to take me off an account, yet not... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 26, 2022

You should consult with your existing lawyers re how best to proceed.

1 Answer | Asked in Divorce for Colorado on
Q: Hi i have questions about a divorce i filed for i was 15 when i met my husband and he was 32 now divorcing

The time we were together not only was i not old enough to work but when i was he didnt let me he said only whores worked especially when they had a man to take care of them and then when i had kids and told him i wanted to work he said whores that wanted to get away from their kids wanted to work... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 20, 2022

You may be eligible for maintenance and child support in the divorce. This will depend on his income compared to yours. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: I’m a single mother to a teenage, special needs son. I’m looking for child support and a parenting plan.

Father and I have never been married, never been to court, have zero agreement. Recently, father started paying $300 a month in child support, although I have 100% parenting time. Father can afford more but is unwilling to pay more or help with groceries or utility bills, doesn’t pay for... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 19, 2022

You should file a court case to get these things in place. Child support can be set based on the respective incomes of the parents. A parenting plan can be established in accord with the best interest of the child. You should get a lawyer to help you with this.

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can I move out of (CO) state with my son?

We have joint custody and I have primary custody. Parenting time is switch every 2 weeks. My relocation would be to Texas for better living and because I would be able to buy a house there. Our son is 11turning 12 in May.

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 17, 2022

You will need the consent of the other parent. If s/he does not agree, you will have to file a motion with the court for permission to move with your son. You will need a new parenting plan for this. You should get a lawyer to help you with this situation.

View More Answers

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Litigation for Colorado on
Q: What if a court order is impossible to complete ?

I got divorced in Colorado and have been ordered reintegration therapy to have contact with my children however I live in Florida. To have therapy the therapist must be licensed in both states this is impossible to find and if I did find a therapist willing they would be in violation of the law... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 6, 2022

Yes, you can file a motion to have he court modify it's order. Your motion should propose a solution that is possible and that will meet the court's initial concerns. You should get a lawyer in Colorado to help you with this (assuming the order is from the Colorado court).

1 Answer | Asked in Family Law and Domestic Violence for Colorado on
Q: My ex-partner won’t come forth to pay the personal lien she put on my property We can’t find her

I have a new mortgage type and it’s been approved we need to pay her get her lien off

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 30, 2021

You will have to work with your new mortgage company to see if the new loan can go through without a release of this lien. It may be possible to escrow the lien amount in case she comes forward. Alternatively, you may need to try harder to actually find her.

1 Answer | Asked in Divorce for Colorado on
Q: If an RV is purchased within a marriage and titled to one person is it marital property upon divorce?

We have recently separated. The RV was officially paid for within a few days after we began spending time apart. If titled only in my husbands name would there be any issues of equal ownership if we divorce?

John Hyland Barrett III
John Hyland Barrett III
answered on Dec 22, 2021

Generally, anything purchased during the marriage is marital property, subject to an equitable division in a divorce. An exception would be if the money came from his separate property, such as a gift or inheritance.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.