If you and your spouse are getting a Colorado divorce, you may have already started drafting a divorce agreement. This would be the right course of action if you didn't have children or they were over the age of 18, but for parents with shared custody of minor children a custody a co-parenting contract is an absolute necessity. While these informal agreements may not be legally binding, they help parents make decisions on behalf of their children by minimizing conflict over small and large decisions.
If you are recently separated or divorced in Colorado, shared custody is becoming quite a trend. Whether this means weekend visits, every other week, or a 50/50 split of parenting time, it is important that children are transported safely from one home to the other. Parents should be sure they are following the Colorado laws concerning child safety seats and seatbelt restraints. In fact, many custody agreements include language about child safety.
Enforcement of a child custody order in Colorado may seem complicated to the uninitiated, but there is a simple remedy that works for most cases. A Colorado Springs family lawyer may file a Verified Motion Asserting Non-Compliance with the Colorado family court. This motion may also be filed by an individual. Either way, the court must respond within 30 days by denying the motion, setting a hearing date or requiring mediation between the parties with a report back to the court.
Getting a divorce is probably one of the most stressful experiences a family can endure, especially when their children are young. While couples may have differences about the division of assets and the amount of spousal support to be paid, child custody is an extremely sensitive issue and should be handled in the most collaborative way possible. Does this mean you won’t need to work with an attorney or enter a courtroom to work out the details? Probably not; but there are still many ways to reach an agreement that will honor your joint commitment to be good parents.
If you are going through a divorce, one of the most contentious issues may involve deciding how your children will be raised. Questions may include “Who will win primary physical custody?”; “How will holidays and vacation time be divided?” and “How will decisions be made with regard to the child’s religious upbringing and education?” While all of these decisions fall into the category of “child custody,” it all comes down to one thing: how will divorcing parents get their fair share of parenting time without endangering the best interests of the children? As a Colorado family lawyer, I always recommend my clients work this out in mediation, but that isn’t always possible. When parents don’t agree, it will ultimately become the court’s decision.
If you’ve ever wondered how the equal rights movement has affected the decisions made by family court judges, all you need to do is talk to a Colorado divorce lawyer. Child custody laws haven’t changed all that dramatically, but the decision rules used by judges have moved the needle ever so slightly in favor of dads. One of the biggest changes to child custody laws has been to only consider what is in the “best interests of the children.” While there is certainly nothing wrong with this line of thinking, it means that certain assumptions can no longer be made.
A child custody attorney doesn’t always get involved in a couple’s disputes or try to nurture the couple’s relationship for “the sake of the kids,” but in reality they probably should. If there is one thing that can quickly derail a parenting plan it is an ongoing battle between parents. It seems that no matter how much parents are told that this is unwise; they still continue to “punish” the other parent by limiting their access to the children or making last minute changes.
Just when you think your days in Colorado family court are over, a post-decree issue comes up and pulls you right back in there. Unfortunately, many divorce-weary individuals decide to represent themselves in these isolated post-divorce hearings, but this is not always a good idea. There may be some instances where self-representation makes sense, but if you and your ex are not on the best terms, you should consult with a Colorado Springs law firm.
Modifying a child custody order is not something most people expect to do, but a lot can happen after a couple gets divorced. One parent could be transferred to a different office and thereby forced to move to another part of the country. Visitation schedules may become frustrating to children or there could be acts of domestic violence in either household. When parents remarry, there are often other children from their new spouse’s former marriage, which can result in disputes between children and stepchildren. All of these things may cause changes in custody. Thankfully, there is a Colorado Springs law firm that can help.
Until they enter a Colorado courtroom for a custody hearing, most parents don’t realize how much control the court has over matters of the heart. There is no such thing as a “cookie-cutter” family, and not every divorce can be handled in a mechanical fashion, but family courts are not set up to deal with all the vagaries of each case, nor can they fashion the law to meet the needs of each unique situation. This is why; when it comes to custody, divorce lawyers in Colorado Springs strongly recommend mediation.