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Questions Answered by John Hyland Barrett III
1 Answer | Asked in Family Law for Colorado on
Q: If a parents parental rights were terminated in Texas 3 years ago, can they have a baby in Colorado?

If all is well with parent and baby at the time of delivery will baby be taken away still?

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

The termination of parental rights is specific to the children involved in that case. It does not automatically apply to a child born after that case. The Department would have to file a new case here in Colorado in order for that to happen.

1 Answer | Asked in Divorce for Colorado on
Q: is it easier to agree separate all accounts etc before filing divorce We have already done Initial Status Conference

we are trying to do the JDF 1111... but we have negotiated ourselves and agree on all matters... do we still have to do the jdf 1111? .... and Is it better and easier to delay the deadline for that form... and go ahead and separate all of our accounts first... Then file whatever other forms?

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 12, 2020

You still need to do all the mandatory disclosures, including the JDF 1111, Sworn Financial Affidavit. That's why they are called "mandatory". The court will need to approve your agreement. It needs the Sworn financial statements in order to do so.

2 Answers | Asked in Family Law and Child Support for Colorado on
Q: Can my ex wife take me to court in an attempt to force me to give her half of my tax return?

It wasn’t stated in the divorce decree nor the child support hearing

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

This will depend on what is provided by the divorce decree. It may also depend on what year the refund is for and whether that was disclosed in your financial disclosures. You should consult with an attorney to review this and advise you how best to proceed.

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1 Answer | Asked in Family Law for Colorado on
Q: Legal name change for a minor.

My son is 5 years old, he has his fathers last name. His father is not in his life, he is also not on the birth certificate. What steps should I take to achieve this?

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

You can file a petition to change your son's last name. You will have to provide notice to his father. The court will hold a hearing to determine whether this is in your son's best interest. 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: If my ex agreed to let my child go on a family trip and now at the last minute said no

Family planned trip out of state ex said no my child could not go. Asked if it was in state could she go? She agreed and now the week of the trip is saying no. We are going to mediation at the end of the month and most likely court. If i still take my daughter will this hurt my chances in court?... View More

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

This depends on whether you have a court-ordered/approved parenting plan. If so, you should comply with its terms. If there are no court orders on the matter, either parent is entitled to time with the child in state. If there is no agreement, you should probably not do it. It is hard to predict... View More

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1 Answer | Asked in Child Support and Divorce for Colorado on
Q: Good morning. I was divorced from my ex-wife in 2005 in the state of Georgia. We both currently live in Colorado.

Do we follow Georgia laws or Colorado's law on child support issues? Thank you.

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

You should follow the current decree from Georgia. If you want to modify it, you may want to file in Colorado, especially if contested. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: Is there such a thing as as pre alimony motion.

Married 26 years on paper, seperated for the past 6 years , divorce is filed by ex in the state New Mexico 3 years ago by my ex , I live in Colorado, I was injured at time of seperartion and ex hasn't financially helped me since the injury .

I'm going pro se.

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 4, 2020

You may be able to request maintenance if the divorce is still open. If not, you may be able to depending on what the divorce decree states. You should get a lawyer there to review this and help you with it.

1 Answer | Asked in Divorce for Colorado on
Q: How can I claim property for back child support and maintenance

Divorced a few years . Like a dummy I haven't gotten what was court ordered. Can I put leans on his property and harleys.

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 4, 2020

You can get a judgment for the back support, plus interest of 12% for child support and 8 % for maintenance. Once you have the judgment you can file a lien on his real estate, and garnish his bank accounts and wages. You should get an attorney to help you with this.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can I get a POA for my husband to speak to my ex husband on my behalf? Talking to my ex triggers my anxiety.

I have diagnosed with PTSD and severe anxiety stemming from my marriage to my ex.

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 3, 2020

Yes, I think you can do this. However, your husband can not speak for you in court (unless he is your attorney).

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1 Answer | Asked in Divorce and Family Law for Colorado on
Q: I own my home outright. If I marry, and sell the home, is the proceeds half my husbands?

If we use the money to buy a new home outright and he is on the deed, does he own 1/2 the home equity.?

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 3, 2020

Basically, yes. If he is on the deed, he is a 1/2 owner. You may want to consider having a postmarital agreement to deal with this in the event of a divorce or death.

3 Answers | Asked in Family Law, Appeals / Appellate Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do if my ex wife is filing for a CFI with no probable cause?

My ex wife has involved social services twice and police numerous times claiming false domestic violence accusations against my current girlfriend and I in front of the kids. I've been thoroughly investigated and nothing has been founded. She is now threatening to file a motion for a CFI and... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 3, 2020

Whether to appoint a CFI is up to the judge. You can file a response to the motion to appoint the CFI stating the reasons it is not appropriate. You should have a lawyer help you with this case.

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2 Answers | Asked in Family Law and Child Custody for Colorado on
Q: we have shared custody for 12 years, she has filed for custody and is not allowing me to see my son. What are my option

she found something written in his journal about "daddy" he went through forensic questioning with authorities and found that there was nothing incriminating me as his father but she is still proceeding with the custody case. I have not been served with any papers but she is not allowing... View More

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

YOU ARE ENTITLED TO INSIST ON COMPLIANCE WITH THE CURRENT CUSTODY ORDERS UNTIL AND UNLESS THE COURT CHANGES THEM. YOU SHOULD GET A LAWYER TO HELP YOU WITH THIS.

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1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: i sent a modification to the courts because my child is 19 and not in school, mother got wind and is fighting it

mother went and got him enrolled into community college starting today so it will show he is in school on our court date 02/25. she does not give him the child support nor does he live with her. she lies about it saying he does, she is homeless living with her parents, but wants my child support to... View More

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

Child support for your 19-year-old child should end when he turned 19, assuming he has graduated from high school. His being in college should not matter. However, it appears you have another child. So, child support should be re-calculated with the current incomes and time-sharing factors. You... View More

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Is a notarized parent plan considered legal in colorado?

I have started the child support process without a court ordered child custody agreement? If we get a notarized parenting plan will that be enough to prevent any negative repercussion if/ when the father is served with documentation for the cs? Will he be able to just take baby from me if i have a... View More

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

Your parenting plan is not effective until the court approves it and makes it a court order. You should get a lawyer to help you with this.

1 Answer | Asked in Child Custody and Child Support for Colorado on
Q: Do i have to have a court ordered custody plan to file for child support?

I have an almost 1 yr old. The father and i have a visitation schedule all figured out between us, but nothing through the courts. I have baby from friday evening through wednesday, and he has baby wednesday night through friday evening.

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 21, 2020

YOU CAN STILL FILE FOR CHILD SUPPORT. HOWEVER, THE COURT MAY ALSO WANT TO APPROVE YOUR PARENTING PLAN AS PART OF THAT PROCESS. YOU SHOULD GET A LAWYER TO HELP YOU WITH THIS.

2 Answers | Asked in Divorce for Colorado on
Q: Married in Colorado. I bought house before we were married it's in my name. IAM the only one that works.

Question can I lose my home in divorce since I bought home before we married home is in my name only

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 16, 2020

The house is considered your separate property. however, any increase in the value of the house is considered marital property, subject to an equitable division (meaning a "fair" division). You may need to get two appraisals for the house value-now and at the time of marriage. You should... View More

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1 Answer | Asked in Divorce and Banking for Colorado on
Q: When a wife is permanently disabled and has been for half the marriage, how long I'll spousal support last?

He walked out after 17 years together and married for 13 years. I only get $471 after medicare taken out. Left with no notice for me

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 13, 2020

If you and your spouse do not agree, the court will have to decide how long. There is a statutory presumption that says maintenance for a 13-year marriage should last 6 1/2 years. however, this is not binding on the court. The judge will have to decide based on all the facts involved.

1 Answer | Asked in Divorce for Colorado on
Q: Divorce Lawyer question: I intend to file for divorce by Spring. Right now I need a new SUV.

Friends & family think I should lease a car. I've never leased before. I make a little more than half of what my husband does. I know that I will be in full custody of kids once divorced. Kids are 13 & 17. *Does it make sense to lease a nicer SUV? I am afraid of; having to break... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 13, 2020

You do not want to lease a vehicle if you think you may have to break the lease. It will be very bad financially. You should get a car you can afford, regardless of how the divorce turns out.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: My ex-girlfriend refuses to let me see my child and has blocked all forms of communication.

My daughter will be a year old in February and I haven’t even met her because my ex has blocked all forms of communication. I was in the army when we found out we were pregnant and then unfortunately when she found out I was being medically discharge she broke it off and move back with her... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 13, 2020

YOU HAVE THE RIGHT IDEA. FILING A PATERNITY SUIT WILL ENABLE YOU TO ESTABLISH A PARENT - CHILD RELATIONSHIP. YOU MAY OBTAIN CERTAIN VISITATION RIGHTS IF THAT IS IN THE BEST INTERESTS OF THE CHILD. UNDERSTAND THAT THIS MAY ALSO RESULT IN A CHILD SUPPORT OBLIGATION BEING ESTABLISHED AGAINST YOU. YOU... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: I filed for contempt with my ex for failure to return our daughter after his parenting time.

He lives out of state and we are each to drive 6 hours to meet halfway. He wrote via email that he was intentionally not returning her 12 hrs before the exchange. I still drove the 6 hours to find out he didn’t show. He was served the order to show cause for our hearing on Jan 13 back in... View More

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

Without knowing all the facts of your case, here are my thoughts:

1. You should respond to the motion. If you do not, the court may grant it automatically.

2. It is up to the court re if he can testify by phone. It is reasonable to expect him to have to appear in person.

3....
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