Did you know about our child support calculator? It’s a place where you can enter information about your current financial information so we can get an idea as to whether you’re paying too much in child support and are a candidate for child support modification. All inquiries are strictly confidential.
Oct 30 2011
Oct 26 2011
Child custody is one of the most difficult aspects of a divorce. Being separated from your child is difficult enough, but what happens if your ex-spouse wants to move out of the state with your child (legally known as “removal from Colorado”)? Colorado requires that if one parent wants to remove a child from Colorado, they must get the other parent’s consent. In order to do this, the parent who wants to relocate must:
- Notify the other spouse in writing that they intend to move
- The location to where the ex-spouse and the child will live
- Why they are relocating
- Provide an updated visitation plan
Once this is done, a hearing must be held, at which time the court must consider the reasons for the move. As with all child custody issues, the court must ask what is in the best interests of the child. Among the topics that will be on the table will be the reason the parent wants to move, how it will affect the child, and what the educational opportunities will be available in the new location. Additionally, the law will not categorically favor the primary caregiver. If the children show a high degree of involvement in activities, a judge may very well allow them to stay in the same city, no matter who the primary caregiver is.
Oct 23 2011
Colorado is unusual in that it is one of the few states that still recognizes common law marriages. A common law marriage is pretty much the same as a ‘regular’ marriage, except, lacking official forms and a formal ceremony, several criteria must be met.
- The couple must otherwise be able to be married in the conventional way, i.e., they cannot be blood relatives, they must not already be married, etc.
- They must consider themselves a married couple. One person cannot think they are married and the other not.
- The parties must have voluntarily entered into the relationship.
- They must represent themselves publicly as a married couple.
- They must share a domicile.
Once these criteria are met, the couple is considered married in the eyes of the law. This can present problems when the issue of divorce is raised, because since the state recognizes you as married, all the issues that relate to marriage will apply. Division of property and debt, child support, child custody will have to be determined by a court of through other means like mediation.
Oct 19 2011
Domestic violence in Colorado is not limited to physical battery, and includes psychological manipulation. Control of your spouse’s finances, who he or she has as friends, an what type of activities they engage in are all considered domestic violence by law. Sometimes this puts law enforcement in a delicate position. Because domestic violence is such a complex issue, the officer who is called to a scene from a 911 call has to look it at the caller’s point of view, not an easy task. A lot of the time, whether or not the accused gets taken to jail depends on what kind of mood the police officer is in. If the officer believes there is probably cause, he or she must arrest.
Oct 15 2011
Colorado state does not see grandparents’ desire to have contact with their grandchildren as a right. Grandparents can however petition for visitation if certain criteria are filled, most of which are based on the legal principle of the ‘best interests of the child’. If the child has been taken from the parents, for instance, the courts might think it a good idea for the child to have some continuity with their family. Other criteria include cases in which one of the parents dies, or the parents have divorced.