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Colorado Springs Family Law Blog

A child's best interests and factors with grandparent visitation

There are many people who will be important in a Colorado child's life. When there is a breakdown of the family and the couple decides to divorce, child custody and the visitation schedule are two issues that will be of paramount importance for the child's development. Not all cases involve the parents alone. Others will want visitation rights with the child. Frequently, that includes grandparents. Knowing the background details of grandparent visitation is as important as the basics. Having legal help is always a key to these complex circumstances.

When a grandparent seeks visitation, there must be a motion filed in the location where the child lives. Facts supporting why there should be this visitation must be in the affidavit. If the party who has legal custody does not want the grandparent to have visitation, an opposing affidavit can be filed. If no one asks for a hearing, the court will allow grandparent visitation if it is found to be in the child's best interests. If one of the parties requests there be a hearing or if the hearing is in the child's best interests, then the hearing will be held. Then it will be determined if the child will have his or her best interests served with grandparent visitation.

Colorado child custody can be complex and requires legal help

When Colorado parents have reached a point in their relationship where they can no longer stay together, there are many issues that must be considered as they prepare to move on and divorce. Children are a critical factor in the process. For some couples, the divorce is relatively amicable and they can agree on fundamentals with child custody. Others are more contentious, but they can put personal animosity to the side for the sake of the children. Still others are in full-blown dispute and the child custody situation is a continuous battle. In any of these circumstances, having legal help is imperative and should not be ignored.

With child custody, there are many factors that will be considered. The parents will have their own goals and desires with the children and this must be assessed. The children might be of age and sufficient maturity to make their preferences known. Adjusting and adapting to the new situation can be problematic for many children and the parents and courts must think about that. Parents and children and their mental and physical health is a key aspect.

Knowing when to consider divorce in Colorado

Colorado couples who are having trouble in their marriage might be unsure of when the situation has grown so toxic that it is preferable for all involved to end the union and move on. Statistically, a large portion of marriages will end in divorce. As many as half will be part of that unfortunate statistic. A question that is often asked of experts and divorce attorneys is when is it time to move forward with the process. While there is no failsafe time to make that determination, there are certain factors that are important in the decision and should not be glossed over.

Some spouses who are addicted to alcohol or drugs cannot stop using these substances. Regardless of how much the person wants his or her partner to get help, they refuse. If they will not get treatment, it might be time to think about parting ways. Abusiveness is a part of certain relationships and it can escalate to the point where it is unsafe to stay. Whole no mistreatment should be accepted, there are certain points of no return which warrant a divorce. Infidelity has doomed many marriages. For some, they can get beyond it and restart their relationship. For others, it is a deal-breaker.

Instead of fighting for sole custody, consider co-parenting

When you're going through a divorce, there is a chance that it could be contentious. As a result, you may feel like the other parent is acting in a way that should make it possible for you to obtain sole custody of your child. You should take a deep breath and think carefully before you decide to pursue that idea, since your child's best interests may be to have you and the other parent share custody.

Co-parenting is one of the best things that people can do for their child if there is the opportunity to do it. However, co-parenting does take management. That means that you and the other parent may need to regularly check in with one another and talk about issues you could be having. It's harder to co-parent when you're separated, but it is possible if you're willing to talk through disputes and agree to participate to the fullest.

Important points to remember about gray divorce

While Colorado divorces are often pigeonholed as involving people who are younger and got married early before realizing that they were not a right match for one another, older people are also getting divorced with a notable frequency. The so-called "gray divorce" might sound unusual, but it is not. People who are considering their life as they reach a certain age and decide that they might want something else are prone to a gray divorce. Concerns about how family and friends will react are natural, but people have a right to their happiness. Understanding the statistics and the foundational issues for gray divorce is an important step before moving forward.

Over the last 25 years, the number of people over age 50 who divorced has multiplied by more than two. This is happening while the divorce rate for people in other age ranges has plateaued or reduced. One quarter of people who are divorcing in the U.S. are 50 and older. In 1990, that was one in 10. These gray divorces are not limited to people on a second or subsequent marriage. People who were married for more than two decades make up a large portion of the total.

Divorce rates rise in January and will be impacted by tax changes

A new year brings many changes for Coloradans and those who are having marital problems can be affected significantly. This applies not just to the decision to get a divorce, but how the divorce will change their lives in the future. Knowing about tendencies when it comes to family law issues and the possible aftereffects is critical from the beginning and having legal assistance can assess the situation and find the preferable avenue to handle it.

People who are experiencing marital issues before and during the holidays will often take the next step to end the marriage in January. That sparked the unofficial designation of the first month of the year as "divorce month." Accompanying that is the need to understand new tax laws and how those who are getting a divorce in 2019 will impacted. The changes to the tax law were put in place in December 2017. Many were rushing to complete their divorce before year's end. Those who did not do so are not dealing with the new tax requirements.

Understanding child support and adding children to the case

Colorado child support cases can differ in many ways. In some instances, the circumstances can change while the case is still in progress or has already been settled. When there is an ongoing dispute over how much will be paid in support or even if there is no dispute and the case is still being determined, knowing how children can be added to the case is a key aspect. Understanding the law for this relatively common situation is important.

Parents who conceive another child in addition to the child or children that are part of a child support case can add the new child to existing case. This will be done if a presumption of paternity applies to establish it and to establish the need for child support. There will be an amendment to add the new child. The amended petition will have the new caption and will be served by the party seeking to amend it on the other party. When a court has jurisdiction over the case, it will remain in place whether that is the new child's place of residence or where he or she is physically present.

When will a visitation schedule be modified in Colorado?

After Colorado parents have divorced and the case has been settled, child custody and a visitation schedule could still come up for dispute if there is a request for a modification. To modify an order that was previously entered, there are certain circumstances under which it will be done. Understanding how the law deals with these situations is important for the parents and the child. Legal help is advisable in these situations.

A modification will not be done unless the court is presented with facts that have come about after the previous decree and changes are necessary to serve the best interests of the child. This change must be with the parent with whom the child spends most of his or her time. The decree will remain the same but for several circumstances.

Understanding a divorce decree

The end of a marriage in Colorado can be a difficult time for both parties. There are many issues that will be in dispute. When a couple determines that a divorce is the best alternative, it is important to remember that there are many factors that come into play. This goes beyond the disagreements that are common in any divorce proceeding. Legal factors must also be considered. One key legal matter is the divorce decree. A lawyer can help with every aspect of the divorce from the beginning to the end when the decree is given.

When there is a decree to end a marriage, it is final once it is entered. There can be an appeal. An appeal that does not challenge the nature of the marriage as being irretrievably broken does not cause a delay in the decree that will end the marriage beyond the appeal. Should either of the parties choose to remarry, they can do so legally. After at least 182 days after the decree in which a legal separation has been granted, the court will convert that legal separation into a dissolution.

Blocking your ex's time with the kids can hurt your custody case

Divorce often turns people who used to love each other against one another. People do anything they can think of to punish their ex for the failure of the marriage. Some may go so far as to want to cut their spouse off from access to their children, in certain cases.

The person fighting shared custody may feel like that is the only real way to punish their spouse for how they behaved in the marriage. Unfortunately, in the end, it is their children, not their ex, who will suffer if one parent chooses to alienate their ex from the kids.

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Mary Kay Kramer, P.C.
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