Strategically helping Colorado clients through divorce & custody cases

Articles Posted in Child Custody

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hello-my-name-is-1244204-300x214By: Janette Jordan

There are two types of name changes that occur in a family law case: the restoration of the Wife’s name to her maiden name or other previous name and the changing of the name of a minor child in a divorce or custody case.

In a divorce case, if you are the party seeking to have your maiden or other name restored you should indicate such in either the divorce petition or the response, depending on your status in the case. That being said, you do not have to make the decision right away, but it helps to indicate from the beginning that this is something you are considering.  So long as you raise the issue with the court prior to the decree of dissolution entering you can change your name as part of the proceedings.  It should be noted that the other side has no say or control in terms of your requested name change.  Fortunately, statute (C.R.S. 14-10-120.2) also authorizes the filing of a request to restore a maiden name after the decree enters, should someone change their mind later on. Continue reading

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license-wall-5-1445048-300x222By: Curtis Wiberg

In our mobile society, it is not an uncommon occurrence for parents to obtain custody orders in one state, and for both parents and the children to later reside in other states, soon after.  This can make resolution of subsequent conflicts involving parenting time (visitation) complicated.

Every state in the country has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to address these parenting time or custody issues that involve multiple states, which gives parents and courts predictability as these multi-state issues arise.

Generally speaking, the UCCJEA provides a series of guidelines such that only one state can have subject matter jurisdiction or authority to determine custody orders at a time.  This is known as the “home state”, and it is usually determined by the state where a minor child has resided for the most recent six continuous months prior to the initial court custody filing.  Once a state assumes home state jurisdiction, that home state has exclusive home state jurisdiction to modify custody orders until such time as both parents and the children no longer reside in the home state, or because the home state becomes an inconvenient forum and gives up it’s exclusive jurisdiction.   Interstate jurisdictional authorization for a court to establish, modify, or enforce a child custody order differs, depending on the circumstances. Continue reading

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running-girl-and-endless-green-meadows-1430721-300x200By: Jessica A. Bryant

There has been a recent push in Colorado by parents requesting a free range parenting law.  This type of law was recently passed in Utah (the first state to pass such a law).  The reasoning for such type of law is to provide some sort of clarity for parents that want to teach their children more independence without the risk of being charged with child abuse or neglect.  In Colorado, the child abuse/neglect laws are vague, which allows the Department of Human Services to exercise discretion in an investigation when deciding if something should be pursued as child abuse or neglect, or not.  For example, Colorado does not have a specific age as to when a child can be left home alone- it is simply judged on a reasonableness standard.  However, that same vagueness creates uncertainty for parents that want to allow their children freedom to exercise independence by walking home from school or riding their bike to the park, for example.  If passed, this type of law would have obvious effects on child abuse and neglect cases.  However, it could also have effects on Colorado divorce and custody cases.  Continue reading

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listen-1257756-300x226By:  Sarah T. McCain

During the end of a marriage, there can often be a significant amount of fighting. It’s hoped that these verbal arguments couples might engage in can be kept from the children.  As a marriage ends through the process of divorce, children often comment that it is better that they not be caught in the middle of the fighting. This is a goal I recommend all clients strive for and something the court will certainly expect tied into one facet of the C.R.S. 14-10-124 “best interest of the child” standard: the ability of the parents to put the needs of the child over their own.  However, what happens when the conflict continues and what can you do to make sure that this continued hostility does not impact your parenting relationship or the emotional health of your children?  Continue reading

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priority-mental-health-1546123-300x224By: Janette Jordan 

Divorce is an extremely emotionally taxing and difficult process. It affects both parties directly involved, and then the children. A divorce is essentially a fracturing of a family unit. One household now becomes two. One shared holiday now becomes split or alternated. The reality is that it is okay to seek outside help; and it is encouraged. For us divorce lawyers, divorce is a common occurrence and something we deal with literally every day (weekends and holidays excepted).  For you, the person going through the divorce, you are having to deal with a whole new set of issues, such as the legal aspect of your case, the emotional separation and loss, the uncertainty of the future, and maintaining stability for your children.  One of the best things you can do for them is to ensure they have a safe emotional outlet in which to participate and engage, such as therapy.

There are many approaches to therapy depending upon your unique situation and the age of your children. Most psychologists recognize that the time following the divorce is the hardest time for a child. The discussion, realization, and/or physical separation in the beginning can be traumatizing and upsetting, but a lot of the research suggests it is how the parents help their children navigate this transition that determines lasting psychological effects.  Continue reading

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mother-reading-a-book-to-children-1438086-300x199By:   Sarah T. McCain

There are many ways in which the third parties in your life may impact a child custody determination. It is important to carefully weigh each role these individuals play in your life and the interaction they have with your child(ren).  Friends, neighbors, romantic partners, and family members could impact your child custody case.   Each of these individuals could not only be called to testify, but could also be interviewed by a child custody expert, such as Child and Family Investigators (CFI) or Parental Responsibilities Evaluators (PRE).   Negative things any of them do could be used against you when it comes time to determine things like residential custody or parenting time.  When starting parenting time or child custody litigation, it’s always a good idea to think about who’s going to be around your kids and what effect that interaction could have. Continue reading

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New-Year-300x200By: Janette Jordan

New Years 2018 is upon us.  It’s that time of year again for reflection and new beginnings. We all have room to grow and improve, especially when you’re attempting to co-parent through a divorce, or even after. The holidays can be an especially difficult time and every person’s situation is different.  Poor and negative communication can only make the situation work.   Today, there are many ways of communicating, whether via phone, email, text, or a third party parental communication site.   Regardless of the media, how things are stated still matters, and venom can also come through in written words.  When it comes to communicating with your ex about the kids, here are some things to consider.

Tone & Language:  I tell every client that comes through my door, “communicate with the other party as if a judge is looking over your shoulder,” because typically, that’s what will end up happening when you have a dispute that the courts need to resolve. No matter how frustrated you may get, you should avoid using derogatory language, even if the other side “started it first”. Poor parenting behavior is often the first accusation made in contested child custody cases and you want to make sure your communications do not support that. Only you can control how you respond. Continue reading

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kids-1575435By:  Curtis Wiberg

One provision many parents use when formulating a parenting plan is what is commonly known as a “Right of First Refusal.” Essentially what this provision requires of each parent is that when one parent is unable to exercise the parenting time that they have been awarded, that parent must contact the other parent to give the other parent the option of spending that time with the kids before the parent that is unable to exercise his or her parenting time can be allowed to make other arrangements for the care of the children (e.g.: relatives, babysitters, etc.).

Typically, the parties agree to have the provision apply for overnight parenting time. So, as an example, Mom gets called away on a business trip at the last minute that will keep her from watching her kids on the Monday and Tuesday overnight that week. With a right of first refusal provision, Mom would be required to contact Dad and ask him if he wanted those overnights. Only if Dad declines can Mom then contact a different caregiver to watch the children while she is away.  Though right of first refusal provisions are certainly still enforceable, subsequent to a 2007 Court of Appeals decision, it became much less common place for a court to order them absent an agreement between the parents. Continue reading

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Ready-300x210By:  Sarah McCain

When an initial allocation of parental responsibilities, or more commonly known as a “custody” case, is filed involving your child or children, it is possible that you are caught off guard. However, in most cases, disagreements between parents or a natural unraveling of a relationship will give you a good heads up that a case is on the horizon. It may also be a modification of the current situation wherein you are filing the request to the court to make a change. In these circumstances, it is important to make sure that you are one hundred percent ready to proceed in what will likely be a difficult case. This includes being ready both with your arguments and for the emotional strain that can take place not only on you, but on your kids as well.  Preparing for a Colorado child custody case entails so much more than just filling out forms and filing them with the court.  Are you ready?

Initially, it is probably best to sit down with a family law attorney to discuss your specific situation. An experienced attorney may be able to direct you as to what documentation or evidence you should be compiling and what individuals you should start including in your life to ensure that you are able to make a solid argument. For example, if you are making an argument that the children are suffering emotionally due to the parenting time of the other parent, it is important to note that proving emotional harm can be difficult. Having a therapist on board seeing your child or children before the motion is filed may be beneficial for you. A therapist is then prepared to support you in court through testimony, written reports, or interaction with a child custody expert.  Child custody cases can involve a great amount of thought, detail, evidence, and preparation.   Making sure you are prepared is a step in the right direction. Continue reading

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working-with-laptop-3-1545962-300x226By:  Curtis Wiberg

The telephone is an amazing way to keep in touch with children.  Skype, Facetime, Facebook video messaging, and other social media applications have made remote communication even more amazing.  In a divorce situation with kids involved, video communication has taken a lot of the sting of being separated from children for a lengthy period of time away.

At the beginning of my career, I dictated my letters and court pleadings onto cassette tapes, to secretaries who could type 100+ words per minute (and who were the only employees that had computers on their desk), and the fax machine (with the shiny white roll-up paper) was the revolutionary device that was changing the world.  To think that 20 plus years later, my clients could talk in real time to their children from anywhere in the world would have been unfathomable. But in those 20 years, we’ve gone from the unfathomable to the common, where video parenting time is almost invariably in every divorce parenting plan.  And, it is largely beneficial for all involved. Continue reading