Every parent will tell you that parenting itself is difficult enough, but it’s even harder to meet the standards of being a good parent.These standards have changed drastically over time as well.Some parents consider voluntarily giving up their parental rights, thinking that it’s best for their child. Other parents are forced to give up parental rights involuntarily, as a result of court proceedings for neglect or abuse, explains Colorado-based family legal counsel Marrison Family Law.
It must be emphasized, however, that voluntary termination of parental rights is not permitted in the state of Colorado except in anadoption, whether it be by both parents upon the birth of a child for whom neither biological parent can provide, or in cases where a stepparent will assume the role of the relinquishing parent.
Parental rights refer to not only the rights but also the duties of parents such asdecisionmaking on major issues in a child’s life, discipline of the child, support of the child both emotionally and monetarily, residence of the child,managementand control of the child’s property and earnings, medical care, and physical care in general.
Keep in mind that even if a parent qualifies under Colorado law for one of the few opportunities to relinquish parental rights, that determination is for the Court to decide, and is normally not reversible, absent a new adoption by the relinquishing parent.In other words, once the relinquishment goes through, the parent becomes a stranger to the child with no more rights than your neighbor down the street, adds Marrison Family Law.
Marrison Family Law is also the largest firm in the Colorado Springs area exclusively focused on family law. In 2014, The National Advocates recognized the firm’s owner, Pat Marrison, as part of their Top 100 Lawyers award. More on this renowned legal counsel here.
A stereotypical picture of a divorce settlement would be that of estranged spouses who no longer care for each other trying to get the most out of their failed marriage. After all, couples use their anger as a means to separate from each other. However, the more the parties argue, the more expensive the divorce will be. A better way, then, is to spend some money on a good therapist, and try to approach the divorce logically and fairly. There may be no need for drawn out divorce litigation, if the parties come to a mutually acceptable agreement.
According to divorce lawyers from Marrison Family Law, there are many procedures couples can take when going through with a divorce. One of these is an uncontested divorce.
As the term suggests, an uncontested divorce occurs when both parties agree to the terms and conditions set by each other. This can save a lot of time and money due to the streamlined nature of this process.
For a divorce to be deemed uncontested, both parties must agree to all issues, i.e. child-custody and parenting time, child support, property division, and spousal support and any other issues. If both parties are in agreement for all terms they may file their “Separation Agreement and Parenting Plan” at the same time as they file the Petition for Dissolution of Marriage.
The main benefits of an uncontested divorce are a lower cost, a speedier outcome, and the benefit of a smooth emotional transition from an intact family to a new life as single persons. Attorney representation is always advisable.
More than 25 years since it was established, Marrison Family Law continues to value family ties above all. Though the process of divorce will never be easy, couples should be given the chance to pursue better opportunities in life, even if it means dissolving their marriage. To know more about the company and their services, visit this website.
When a couple decides to divorce, their lawyers may use a variety of strategies to accomplish the best for the client. While most divorces are fair, some individuals take risks so that they can weigh the scales of justice in their favor.
This could either benefit them immensely or backfire spectacularly. According to divorce lawyers from Marrison Family Law, certain divorce strategies are often too risky and therefore should be avoided. Here are some of them:
Scorch and Burn
The scorch and burn approach will do anything to inflict pain on the other side. This is the choice of the party who has unresolved anger, often when he or she feels victimized by the former spouse. It is important to save your emotions for the therapist’s couch and to approach the issues of children, income, and assets so as to achieve fairness, and to think of the children first. Colorado is a no-fault state, meaning the Court will not consider how much one party has been humiliated or hurt by the other. While emotion may be the energizer in a divorce, it could cloud individual judgment and is often counter-productive. It could also be painful to one’s self in the end, after the negative emotions have cooled, and the family is left shattered.
Anyone who is about to go through a divorce should enter the court with a goal in mind. If a person wants something out of the divorce, their demands should be clear. If these demands change after every meeting, their divorce attorneys would have difficulty following through. If there is a chance for one party to get more out of the divorce, the lawyer would be aware of this and will most likely advise their client.
Divorces are only messy when parties act out. According to lawyers from Marrison Family Law, lawyers should have a firm grip on their clients, set their expectations, and proceed prudently.
Marrison Family Law is an award-winning firm in Colorado Springs, as ranked among the top 100 lawyers in America by The National Advocates. It is also the largest firm in the Pikes Peak area that exclusively focuses on family law. Learn more about Marrison Family Law by visiting this website.
Not every marriage ends in happily ever after. Some last for decades, others just a few years. Thankfully, the process of divorce has been around for decades as a civil measure for terminating a marriage.
According to divorce lawyers at Marrison Family Law, divorce rates for both highly educated couples and lower income couples are at 11% and 17% respectively. And given that divorces are often expensive processes, here are some ways to prepare if a divorce is in the horizon.
Find the most peaceful divorce option
Not all divorce proceedings need to be drawn out. If a couple can be civil about the reality of divorce, they can have plenty of options to save a lot of time and money, such as in an uncontested divorce. By doing so, the parties can focus less on the divorce and more on what comes after.
Organize asset documents
From the outset, both parties should compile all the necessary documents needed for the litigation. These can include anything from financial documents, such as bank statements, mortgage or automobile loan applications, or paystubs to a list of assets and their net worth, state and federal tax returns, mortgage statements, insurance policies, and so on.
Respect the procedure
Like marriage, the divorce process should be respected by both parties. Any unwillingness to take responsibility for your part in the breakdown of the marriage will undoubtedly make things more difficult. If possible, resolve the emotional issues with a competent marriage counselor or therapist rather than using the divorce to hurt your former spouse.
According to divorce lawyers at Marrison Family Law, being knowledgeable about divorce proceedings could greatly facilitate the process. Getting educated on what’s best for your life after marriage is a necessary step for everyone going through a divorce settlement.
For over 25 years, Marrison Family Law has been offering legal services to people going through the difficult process of divorce. In any circumstance, the breakdown of a marriage will never be easy. Going through the settlement can affect family relationships. Visit this website to know more about their services.
When divorced couples receive parental rights, it also entails parental responsibilities, including providing the children with clothing, food, shelter, education, healthcare, and more. Marrison Family Law has handled numerous cases wherein clients seek to voluntarily relinquish these rights.
Such parents have differing reasons for doing so. An example is the waiving of financial obligations to the children. In this case, of course, family courts will prioritize the welfare and the best interest of the children rather than what is convenient or advantageous for the parents.
Colorado family courts only allow a parent to voluntarily terminate their parental rights in one situation: if it is proven that another party, such as a step-parent, is willing and able to take responsibility for the child through formal adoption. Every state follows its own laws and procedures in determining the conditions whether to agree on voluntary termination of parental rights.
Parents who wish to go through with this process must contemplate about it extensively because of the magnitude of rights they will lose. Consulting or asking for the assistance of a family law expert, such as Marrison Family Law, is essential in coming up with the most appropriate decision.
They would remind clients that some of the rights they would give up are custody or visitation rights. While the parent who receives custody of the child can allow the other parent to visit, the latter will have no legal recourse should the former changed their mind.
Furthermore, relinquishing parental rights means forfeiting any input regarding the child’s education, place of residence, religion, and other life decisions.
Should Divorce Be Your New Years Resolution? Marrison Family Law for Legal Help
With the holidays almost over, the thought of a divorce is something you've likely tucked away considering the time frame. However, statistics continually show divorces occur more often during the beginning of a new year. Huffington Post scoped out this statistic years ago, showing how the holidays can often wreak havoc on relationships.
It's no surprise that this is a trend when the holidays means being together more often than any other time with the added weight of financial and public pressures. The holidays also bring the most stress, sometimes taking an already shaky marriage to the edge.
If you're planning a divorce in 2018, Marrison Family Law in Colorado Springs can help you through it all with compassion and experience.
While the holidays often bring annoyances to the surface, you should be able to tell if you're in an incompatible marriage by looking back to before the holidays, especially if you don't regularly spend time together. However, the holidays can bring up moments that had previously been unrecognizable and can help you identify the next steps for your relationship.
You may realize that prior to the holidays, you only spend time with your spouse out of obligation to your career or your children. You may discover that your marriage has become so routine, that you just go through the motions without really realizing you're not happy.
During the holidays, you have a good litmus test to see if your marriage is truly in trouble. Watch out for a few specific things you'll likely encounter when you're together, alone, or with family.
One of the most prominent signs of a deteriorating marriage is not having anything to say to one another. Holiday time is going to give you plenty of incentive to talk, whether in family settings or when spending time together planning activities. Not having anything to say suggests that you've lost interest in one another and your spouse's feelings. While communication should always be open rather than closed, the holidays offer several opportunities to bridge that gap, and if the season doesn’t naturally create discussion, there may be cause for concern.
Lack of engagement is always a major sign. Many people call this being with each other, but not really being with each other. Appreciating each other in a holiday setting is a natural benefit of the season, so if you discover that the holiday spirit has no impact on the way you interact with your spouse, it may be time for you to evaluate the source.
Some other signs to look out for:
Things might come to a head during the holidays when you notice all of the above signs and more, but the holiday spirit may be interjecting as a convenient excuse to avoid the conflict. Prolonging your steps to restore peace in your household is not the best approach, and we are here to guide your through the challenge of confronting the issues in your relationship.
When you have children, things become even more contentious, and it's important to think first about the welfare of your kids. Talking about a divorce to your kids during the holidays is extremely challenging, and it's why so many couples wait to divorce until after the holidays end.
A divorce lawyer who helps bring true compassion to couples facing divorce, including proper child custody and support issues, is your answer for starting the new year on a positive note to regain fulfillment in your household.
Those of you who live in Colorado Springs, Colorado can turn to Marrison Family Law to bring true expertise and compassion toward your divorce.
Even if you've already been served divorce papers, the Marrison legal team is going to help you make the best possible decisions. They'll start with two of the most important: How you'll divide your property, and how you'll raise your kids after the divorce is final. Your legal team helps you deal with child support/custody issues through mediation for a potentially amicable agreement.
Visit Marrison Family Law's website to learn more about divorce law and to get immediate help. We cover the Pueblo area as well as Colorado Springs and are your source for compassionate support.
Effects of Divorce on Children
There is no book or secret recipe that can predict how your children will respond to you and your partner separating. Every child is different and deals with their emotions in their own way. School-age children understand that divorce means their mom and dad are not going to live together anymore. Most of them have friends whose parents are divorced and may have heard phrases such as "I'm going to my dad's house this weekend." However, the first thing that comes to most children's mind when they hear the word divorce is "What about me?"
When considering the effects of divorce on children, remember that kids will be anxious about things like moving or changing schools. Younger kids will worry about the logistics of their toys. How will they still get to play with them all? What about the pets? They'll have many detailed questions for you, such as if you still love their mom or dad, and first and foremost, if you still love them. You need to be prepared with comforting answers, and most importantly, you need to reassure them that are loved and will be cared for, no matter what.
Many children show signs of regression and insecurity, both at home and at school. Some effects of divorce on children include mood shifts, causing children to become angry, depressed, mischievous, clingy, or uncooperative. During this difficult time, your children will require additional attention and affection. The most amicable divorces can still create an earth-shattering change for any child, and kids find change to be very scary, especially one dealing with something as fundamental as their parents. They rely on routines, normalcy. Some will be openly sad or mad at you, while others may act like they don't care.
However, don’t get discouraged. School-age kids can be surprisingly resilient and malleable. How you explain the divorce to them will make a significant difference in how they can cope with it. Make sure you speak to them before, during, and after it happens. Remember that these are typical effects of divorce on children and what they need most from you right now is patience, reassurance, and consistency in the everyday routines they know. While this time will be difficult for you, remember that your children will be hurting as well. Be their rock, and in return, they may end up being the same to you.
Your children will be deeply affected by this change. Make sure you stay in tune with their needs and give them the love they will need. And if you need assistance in setting up your Child Visitation, contact the professionals at Marrison Family Law.
How to Tell Children About Divorce
Deciding to file for divorce is challenging; letting your children know is an entirely different kind of difficult. You want to be kind but firm, compassionate yet resilient. Read the tips below to learn some important information when talking to your kids about divorce.
Choose your timing. Do not start talking to your kids until you know for sure that you are separating. The uncertainty of hearing "Mom and dad are thinking about getting divorced" will create unnecessary stress for both you and your children. Although there is never an "ideal" time, there are definitely bad times to deliver the news. When planning how to tell your children about divorce, avoid difficult or rushed times such as right before you head off to work and have no time to answer questions, school days, just before bed, or just before your child goes into their soccer practice. You need to pick a time where both you and your partner can sit down together and either answer the questions that will come or dry the tears and be there for them.
Telling your child together is highly recommended. Regardless of your differences, try to agree on what you are going to tell your kids for their own sake. Don't confuse them with contradicting stories. By acting as a team when you when deciding how to tell your children about divorce, you will preserve your children's sense of trust in both of you.
Keep it simple. Use age appropriate terms. When talking to your kids about divorce, limit the initial explanation to no more than a few key sentences. Try deciding how the visitation days will work and where you will live before you speak to your children so that they are comforted by the fact that you two are handling this and have it figured out. Most children will want to know that they will still see both parents and there is a plan in place, a new routine to come. If your child has witnessed you two fighting, acknowledge that fact and explain that you're doing what's best for them and the family.
Most importantly when planning how to tell your children about divorce is to reassure them that your separation is not their fault. Children often blame themselves for the breakup. They may think the change is happening because they didn't listen well enough, didn't clean their room, or didn't do well in school. Comfort them by saying that divorce is an adult decision and is never a child's fault. Avoid the blame game. Blaming your spouse for the divorce and arguing in front of your child will only make them feel as though they need to pick a side. Your children look up to both of you; keep it that way by respecting each other.
While nothing you will be looking forward to, by being clear and respectful while talking to your kids about divorce, you can save future headaches and potentially become closer with your children. And if you need assistance with child custody, contact our Child Custody Lawyers today.
When couples consider getting divorced, they often have no idea how difficult the process can be. This is particularly true when there are children involved. If you are fighting for custody of your children, then a Colorado Springs child custody lawyer can help. Meanwhile, follow these tips for the most successful outcome.
When we hear the term “terminate parental rights”, it usually refers to one of two things. In the case of an adoption, parents will need to terminate their parental rights in order for the adoption to become legal. But in criminal cases, where parents are charged with child abuse or neglect, they may lose their parental rights involuntarily.
A court-imposed termination of parental rights is not necessary for parents who choose to forego visitation and live apart from their children. Under most circumstances, the court would only get involved in parental rights issues when a parent becomes a danger to his or her child.