In Colorado plans are not always 50/50, they vary on each circumstance. In negotiation of a parenting plan the attorney, the parents, the court, they’re all part of the process through negotiation, mediation, and sometimes litigation. Usually the parents agree on some things but not others. I put the agreements in writing and I try […]
Parenting and Stepfamily Issues
Are the terms custody and parenting time interchangeable in Colorado?
Custody refers to parenting time and decision making, custody is an all encompassing term which has a lot of different facets to it. Parenting time would be physical custody, while decision making would be legal custody. If you’re speaking as custody as whole it would be both of those things together although they can be […]
How does a divorcing couple decide a parenting plan?
A divorcing couple can create their own parenting plan even if they’re not married and they’re just separated. It’s important to keep in mind that whether they’re in a divorce or just a custody dispute you’re able to agree to anything, reduce that agreement to writing, and file it with the court. These agreements are […]
What’s the difference between joint legal and joint physical custody in Colorado?
In Colorado there’s a difference between legal custody and physical custody. Custody is basically broken down into these two categories of legal and physical. Legal is the right to make decisions about the child’s care, education, health and religion, while physical custody is the actual time the child spends with either parent. Custody issues are […]
Under what conditions will a judge grant visitation or custody of a child or a grandchild?
Any non-parent who meets the standing requirements can bring claim for parental responsibility. A grandparent is considered a non-parent. The Supreme Court case Troxel talked about the presumption in favour of a parent over a grandparent. In Colorado the statute has been expanded so long as the party has met the standing requirements, that they […]
What can a parent do to protect their children from another parent?
If the parent legitimately believes the children are in imminent danger with the other parent, then he or she can file an emergency motion with the court asking the court to restrict parenting time. These motions are for literal emergencies, for imminent danger and not for a parent who cries wolf regarding danger to the […]
If the parent with primary parenting rights is preventing visitation, can the second parent stop paying child support?
If the parent with primary parenting rights is preventing the other from exercising visitation with his or her children, that’s parental alienation. And that’s one of the reasons why a parent might seek to change custody. The second parent cannot stop paying child support. The issues of parenting time and child support cannot be used […]
Can parents still share equal parenting rights even with conflict?
If there’s a lot of conflict between the parents, they can still share parenting rights and responsibilities. Unfortunately many parents are high conflict. This means that the children are often used as a weapon against the other parent. Many parents feel that they’re helping their case by turning the child to their side and they’re […]
What is the criteria for assessing the best interests of a child in Colorado?
In Colorado, courts assess the best interest of the child by accounting for many factors. Learn more about what those factors entail.
Can a parent give up their parental rights?
In order to give up rights you must first have them. Paternity is how you establish you have rights to the child. The other one is how we discussed about the psychological parent. It’s possible that the biological parent is not the paternal parent. So, establishing paternity gives the biological parent rights to the child. […]
Follow Us on Social Media