Category: Family Law
Can I Request Back Child Support During An Initial Hearing?
It depends on what your situation is and whether or not there is a paternity case, an allocation of parental responsibility’s case, or a dissolution of marriage case. Basically, what we look at is the date that the case was filed. So for example, in a dissolution of marriage case, we look at the date […]
February 9, 2018
Can A Child Decide Which Parent They Want To Live With?
Well, the answer to that is yes and no. First off, it depends on the age of the child. If the child is under 13 years of age, generally we feel like the child is too young to decide which parent they want to live with. If the child is reasonably mature and generally a […]
January 30, 2018
What Are Parenting Classes and Will I Need To Take Them?
In Colorado, a parenting class is required in all dissolution of marriage or allocation of parental responsibility cases. Upon the commencement of the case, the court will issue a case management order, and one of the aspects of that case management order is the requirement for both parties to take a parenting class. The focus […]
January 9, 2018
When Can A Child Support Order be Modified?
I get asked this question quite a bit. The applicable statue is 14-10-122. Essentially modification can occur under several circumstances. The most common circumstance is a change in income or number of overnight visits with the other parent that results in more than a 10% change in the support obligations that’s due. A change of […]
November 24, 2017
Which Parent Is More Likely To Be Granted Custody If The Couple Is Not Married?
There is no presumption in favor of either parent in Colorado. We’re going to assume that both parents of capable of parenting their child, and we are not going to presume that the mom is better capable of parenting the child as compared to the dad. We look, again, at what is in the child’s […]
October 11, 2017
What Factors Does The Court Consider In Determining Child Custody?
What factors does the court consider in determining child custody? Child custody is based upon the best interest of the child. There are a number of factors that are set forth in the statute that the court would consider. One factor is, does the parent have the ability to support the relationship of the other […]
October 4, 2017
How Long Does A Child Custody Case Take In Colorado?
Part of that will depend if you are going through a divorce or if you filed a Petition for allocation of parental responsibilities. Another consideration is whether your case is a Motion to Modify Parenting Time or Child Support. If child custody is part of a dissolution of marriage case, then the dissolution of marriage […]
August 30, 2017
What Is The Difference Between Legal Separation And Divorce?
Essentially, there’s very little difference between a legal separation and a divorce. A decree of legal separation can be converted into a decree of dissolution of marriage six months after it’s been issued. You have to go through the same process of doing financial disclosures and exchanging financial documents. You have to go to court […]
August 2, 2017
What Are Important Questions To Ask A Family Law Attorney Before Hiring Them?
Having the right divorce lawyer for you is really, really important. I’m not saying that different lawyers aren’t good, as different styles or ways of pursuing a case might be effective. However, you need to have somebody that you feel comfortable with, and knowing how they’re going to go forward with your case gives you a comfort level. I always say […]
July 5, 2017
What Is A Child And Family Investigator?
A child and family investigator is an expert witness that has been approved by the Colorado Supreme Court for use in cases where allocation of parental responsibilities is an issue. That means parenting time and decision making. A child and family investigator at the present time is paid a statutory cap of $2,750. Sometimes they […]
June 29, 2017
