There are many situations in life where it’s okay to express our anger, but when it comes to child custody, the best lawyers advise their clients to “choose your battles wisely”. If you find yourself in a nasty battle over the custody of your children, a Colorado Springs Child Custody Lawyer has some valuable advice to help take some of the venom out of custody negotiations, and keep the best interests of the children as your top priority.
Courts can’t just make up the rules as they go along. Our entire system of justice is based upon the idea that a judge will look at the evidence that both sides present, hear the evidence from any other witnesses, and then make a decision based upon that evidence, not personal speculation.
The appeal filed by Marrison Family Law in Colorado Springs claimed that the trial court essentially picked its “favorite” party here, the father. Judge Bristol ignored evidence presented by the evaluator, and gave no credibility to information presented by Maggie Bright.
By doing that, he basically abdicated his role as an impartial judge, and became a supporter, or an advocate.
Every judge knows that most cases where two parents have gone to court for custody will cause some discomfort to any children of the parties.
There is no way around it, which flows from the child’s uncomfortable and growing understanding that there will now be a drastic change in the cozy family dynamic that used to occupy every minute of a child’s day. Even the best Colorado Springs attorneys can only go so far to stanch the tears rolling down the face of a child whose relationship with his mother and father will change forever.
Every day, hard-working mothers and fathers with good intentions go into family court hoping that they will be heard. And every day, many of those same people walk out of court, shaking their heads, trying to figure out why they lost custody, or why their visitation rights were dramatically reduced.
The case of Bright v. Smith is just such an example where a loving mother was left trembling and in tears after a Colorado trial court allowed her child to be taken 1000 miles away and only permitted her to see her son under close supervision.
Are you dealing with an ex-spouse that won't comply with your custody order? This is not uncommon for families of divorce, especially when the lifestyles of the parents have changed. Whether it's a move, a job change or a new relationship, there are many reasons why divorced parents don't comply with existing custody arrangements. In many cases, the parents had a custody order but their parenting plan never really worked and now it is causing a lot of conflict.
If you are getting divorced in Colorado and you have children, you may find that child support is the one part of your settlement that changes as your children grow up. It is also likely to involve several more trips to family court over the next several years.
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.
As simple as it sounds, many divorcing parents simply don't understand child support. Some see it as a necessary evil while others see it as a way for spiteful custodial parents to "squeeze" their exes out money. Fortunately neither of these is true. The purpose of child support is to ensure that children of divorced parents are not deprived an acceptable standard of living. When determining which parent will pay support and how much, Colorado state law applies a model known as "income shares." Some of the primary deciding factors are each parent's monthly income and the amount of time the child spends with each parent.
We've all heard the stories about "deadbeat dads" and other social deviants who do their best to avoid paying child support in Colorado. Of course, there are plenty of deadbeat moms out there too, but whatever the case may be, the problem has gotten much worse since the recent recession. Not every perpetually underemployed parent is trying to avoid their parental obligations; some are honestly trying to find a better paying job. But any family court judge will attest to the fact that "child support avoidance" is a chronic problem in the state.
If you are a parent in the process of a Colorado divorce, then you may have already started working out a divorce agreement, but there is more to a divorce than your financial settlement. For parents who will maintain joint custody of their children, it is important to develop a co-parenting contract. While this agreement is not entered into the court as "law," it serves as a guideline for helping parents who want to minimize conflict while making small and large decisions on behalf of the children.