Recent data shows that roughly 70% of all custody arrangements in the state of Colorado are joint custody. This means that both parents share decision-making responsibilities when it comes to their child. Sole custody is awarded in approximately 20% of custody cases. Sole custody is typically reserved for families where one parent is clearly better suited to provide a safe and nurturing environment for the child than the other. Sole custody allows for the parent responsible for the child to have full decision making authority. Some of the main reasons why a court would choose to award sole custody to a parent may include issues like:
- Abuse or Neglect: If one parent acts in an abusive manner toward the child, the court may decide to place the child in the custody of the non-abusive parent. This can include physical, emotional, or sexual abuse against the child. If a parent fails to provide basic needs for their child, like food, education, or healthcare, the court may decide that it is in the best interest of the child to stay with the other parent.
- Substance Abuse: If a parent has a history of drug or alcohol abuse, they may be deemed unfit to have custody of their child. Courts will often award sole custody to the other parent to protect the child.
- Mental Health Issues: If a parent has a history of severe mental illness that may pose a risk to their child’s safety, the other parent may be awarded sole custody by the courts.
- Co-parenting Difficulties: If two parents do not possess the ability to peacefully coexist, and they live in a tense, high-conflict environment, sole custody may be awarded to whichever parent is best suited to communicate the child’s needs.
- Abandonment: If one parent has abandoned their child or shown a complete disinterest or lack of involvement in the child’s life, the court will generally grant sole custody to the other parent.
- Incompetence: If one parent has clearly demonstrated that they are unable to provide a safe, stable, and nurturing home for their child, it can result in sole custody being awarded to the other parent.
- Relocation: If one of the parents moves or plans to move somewhere far from their child or the other parent, the court may award sole custody to the parent who is not moving, so as not to significantly disrupt the child’s life.
- Criminal History: A parent who has a criminal history, particularly one involving children or violence, will not be awarded custody more often than not. In order to prioritize the child’s safety and ensure a good home life, custody will often be awarded to the parent without a criminal history.
If you are facing custody or parental responsibility issues in the Denver area, you need a trusted family law attorney by your side to help you find the most favorable solution for you and your family. The family law attorneys at Evans Case have the experience and dedication to make sure that your rights and those of your family are protected. Call us today to discuss your parental responsibilities and see how we can offer our expertise.
Parenting Time and Visitation Rights
At Evans Case, we truly believe that it is vastly important for children to maintain meaningful and healthy relationships with both of their parents. It is essential that each parent has the opportunity to have regular contact with their children and provide them with emotional and psychological support whenever possible. Parenting time arrangements are designed to support the child’s best interests while maintaining familial bonds with both parents.
The state of Colorado encourages parenting plans that allow for both parents to actively participate and be involved in their child’s life. However, when it comes to establishing a parenting time arrangement, there are a number of factors to be considered:
- The child’s needs and wishes.
- The parents’ ability to effectively communicate the needs of their children.
- The proximity of the parents’ homes.
- The impact on the child’s home and school life.
It is not uncommon for disputes over parenting time to arise. This is why it is important to have a skilled attorney who specializes in mediation and negotiation to help all parties find a reasonable and amicable solution. The family law attorneys at Evans Case are prepared to fight for you in court to protect your rights and ensure that your child receives the best possible outcome. Do not hesitate to contact our team of family law attorneys if you are in need of legal assistance today.
Divorce
We know that a divorce proceeding can be an emotionally exhaustive and financially challenging experience. Divorce often involves lengthy disputes over issues like property, alimony, and child custody. At Evans Case, our goal is to resolve these disputes amicably and to fight for the rights that our clients are entitled to.
In Colorado, the process of divorce begins by filing a Petition for Dissolution of Marriage. This document is served to the other party, who then has the chance to respond. During a divorce, there are some key considerations to remember:
- Property Division: Colorado follows an equitable distribution principle, meaning that if spouses are not able to come to an agreement of their own, then the property is divided by what the court deems as fair, though not necessarily equal.
- Liability Division: All debts that were accrued during the marriage are also divided equitably, not equally. This can include mortgages, credit card debts, etc. 4
If you are going through a divorce, or planning to go through a divorce, we strongly encourage you to give the family law attorneys at Evans Case a call. We are prepared to fight for your rights and ensure that your divorce goes as smoothly and fairly as possible for all parties involved. Our lawyers are prepared to fight for you in court if needed. In Colorado, most divorces are resolved in mediation, with only about 10% going to trial. Trust the family law attorneys at Evans Case to guide you through your Denver divorce.
Alimony
Maintenance, formerly referred to as alimony, is the financial support provided by a spouse after a divorce. These payments are designed to help the recipient maintain their style of living while working to become self-sufficient. There are a number of different factors that may affect maintenance decisions, including:
- The length of the marriage.
- Each spouse’s financial situation.
- The standard of living during the marriage.
- The age of both spouses.
- The health of both spouses.
- The ability for the recipient to become self-sufficient.
Depending on the circumstances, maintenance payments could either be temporary or permanent. Temporary maintenance is typically required during the divorce process. Permanent maintenance is generally granted for long-term marriages.
If you are in the process of a divorce or seeking a divorce, it is strongly recommended that you consult with an experienced family law attorney. The family law attorneys at Evans Case can assist in determining your eligibility for maintenance, calculating payment amounts, negotiating agreements, and even representing you in court if necessary. We are also able to provide support in modifying and enforcing alimony orders. Having a skilled family law attorney by your side through the process to provide legal advice and support is indispensable. Whether you need assistance in preparing the necessary documentation, or you are simply seeking legal advice, call the family law attorneys at Evans Case to speak with us about your case.
Child Support
Child support is another type of financial assistance paid by one parent to the other, intended to help provide their child with their basic needs. It aims to ensure that the child’s needs are met regardless of the parents’ marital status.
In Colorado, the legal process of obtaining child support begins with filing an application. After an application is filed, the parents will attend a court hearing or mediation session. Finally, the court will provide a child support order.
The court will determine child support using a formula that is based on the combined incomes of the parents, the number of children they have together, and the amount of time that each parent will spend with the child. They will also consider other factors, like health insurance and childcare costs, when calculating child support. Approximately 70% of all child support payments are paid in full and on time, though there are measures for enforcement like wage garnishment for parents that do not comply with the orders.
An experienced family law attorney can help make sure that the process is fair to both parties, and focuses primarily on the best interests of the child. We can help explain and guide you through the process and assist in calculating and negotiating child support payments. The family law attorneys at Evans Case can also assist in modifying child support, though this typically requires a dramatic change in circumstances. If you are in need of legal assistance, do not hesitate to reach out to our skilled team of family law attorneys. Come see why we are trusted throughout the Denver area to provide outstanding legal support and advice to our clients.
Annulment and Legal Separation Proceedings
Annulment and legal separation are alternatives to divorce that each come with their own benefits.
Annulment
The purpose of an annulment is to legally declare that the marriage was never actually valid. There are a number of reasons why a marriage may be considered invalid, such as fraud, bigamy, mental incapacity, underage marriage, and more. Annulments are much less common than legal separations in Colorado.
Legal Separation
Legal separation provides an alternative to divorce where both spouses choose to live apart and live separate lives while still remaining legally married. This is typically a popular and beneficial option for those who do not wish to go through with a divorce for personal, religious, or financial reasons. It can also be advantageous for spouses who are looking to maintain their health insurance benefits. Legal separation offers some of the same benefits and legal protections as divorce, like property division and child custody arrangements, without officially terminating the marriage.
Marital Agreements
Prenuptial and postnuptial agreements play a huge role in protecting individual assets and defining financial terms in a marriage.
Prenuptial Agreements: Prenuptial agreements are made before the marriage. They are designed to outline how all assets and debts are to be handled in the event of a divorce.
Postnuptial Agreements: These agreements are made after a marriage. They serve a similar purpose as prenuptial agreements in that they are designed to help protect individual assets and settle debts.
Marital agreements go a long way in preventing disputes during the divorce process. Having a clearly defined agreement provides great clarity and financial security. A complete marital agreement should include things like detailed descriptions of the individual property and the marital property, provisions for spousal support (maintenance), clauses addressing the division of debts, and conditions for modifying or terminating the agreement down the line. Prenuptial agreements are effective in reducing litigation and disputes during divorce.
Evans Case has the experience and expertise to offer outstanding services for your marital agreements. Whether that be drafting agreements, providing legal advice, ensuring a full and fair disclosure of assets, or negotiating terms, the family law attorneys at Evans Case are prepared to offer unwavering support. To schedule a consultation and speak with a family law attorney today, give us a call.
Post-Decree Modifications
Life happens, and circumstances often change. Our team of family law attorneys at Evans Case are happy to offer assistance with post-decree modifications to help change the terms of a divorce, child support, maintenance, parenting time, and more.
In order to modify a decree, there must be proof of a substantial change in circumstances. This can include instances like:
- Change in income or employment.
- Relocation.
- Changes in the child’s needs or circumstances.
- Health issues regarding the parent or child.
To request a modification in the state of Colorado, the process requires:
- Filing a motion to modify the existing order.
- Demonstrating proof of a substantial change in circumstances.
- Attending a court hearing with both parties present.
In Colorado, approximately 30% of all divorce decrees go through post decree modifications in the first five years. Having clear and compelling evidence supporting your case makes modifications much more likely. Our team of family law attorneys can help you put evidence together to help strengthen your case, handle the appropriate paperwork, negotiate modifications, and even represent you in court. We are also able to assist in enforcing modifications and ensuring that all modifications are in accordance with state laws. Having an experienced family law attorney can be extremely beneficial when it comes to post decree modifications. Do not hesitate to schedule a consultation with one of our attorneys today to see how we can help make a difference.
Protective Orders
Protection orders, which are commonly referred to as restraining orders, are legal tools that are designed to offer individuals protection from harassment, abuse, threats, and more. It is a court order that prohibits an individual from making contact or engaging in certain behaviors with the protected person. There are a number of different types of protective orders available in Colorado.
- Emergency Protective Orders: These protective orders are issued by law enforcement and provide immediate protection.
- Temporary Protective Orders: These orders are issued by the court. They are generally issued for a short period of time until a hearing can be held.
- Permanent Protective Orders: After a court hearing, the court can choose to grant a permanent protective order, which lasts indefinitely.
In order to obtain a protective order, an individual must file a request with the court and explain their reasoning for wanting one. The court will then schedule a hearing where both parties will be able to tell their side of the story. The judge will then decide whether or not to grant the protection order based on the presented information.
In Denver alone, about 5,000 protection orders are filed every year. If you are seeking a protective order from a spouse or any individual, do not hesitate to reach out to the team at Evans Case. We are here to make sure that you receive the help that you need and keep you and your family protected. Call Evans Case today to speak with an attorney. If you are in immediate danger, call 911.
Adoption and Surrogacy
Adoption and surrogacy are wonderful alternatives to couples and families who are unable to conceive themselves. The adoption process and surrogacy arrangements are riddled with complicated legal processes. Our team of family law attorneys at Evans Case are proud to offer support to help guide our clients through the family-building process.
In Colorado, the adoption process includes several steps. Parents will typically meet with an adoption agency and attempt to match with a child. The process will then generally begin with a home study, or a careful assessment of the prospective family’s home and lifestyle. In order for a child to be adopted, the biological parents’ right must be legally terminated. Once all of the prerequisites are met, a court hearing will be held where the adoption is officially finalized and the child legally becomes a member of the adoptive family.
A surrogacy involves an agreement where a woman, the surrogate, agrees to carry a child for another person, couple, or family. In a surrogacy, it is essential to:
- Find a surrogate.
- Draft and review surrogacy contracts.
- Establish parental rights.
- Comply with Colorado’s surrogacy laws.
In Colorado, adoption is a more common avenue than surrogacy for building a family. There are approximately 1,200 adoptions finalized in the state of Colorado every year. If you are considering adoption, the family law attorneys at Evans Case are prepared to help. We are here to assist in preparing and filing paperwork, helping with your home study, representing you in court, and even offering support post-adoption. A qualified family law attorney will be able to provide you not just with expert legal support, but compassionate emotional support as well. If you are looking to grow your family, come see how the family law attorneys at Evans Case can help.
Paternity Issues
Paternity issues involve determining or disputing the legal fatherhood of a child. This is an extremely important issue, as it can affect parental rights and responsibilities like child support, custody, or inheritance rights. Appropriately establishing paternity is essential for ensuring that the child receives the financial support that they require and that they are able to build a lasting relationship with both parents.
There are a few different ways that parents can go about proving or disproving paternity in the state of Colorado.
- Voluntary Acknowledgment: Both parents can sign a form voluntarily acknowledging paternity.
- Court Order: A parent can file a petition with the court, who will then decide if they want to order genetic testing.
- Genetic Testing: Parents can seek out a DNA test themselves that will be able to prove or disprove paternity.
Genetic testing is said to be accurate 99.9% of the time. In Colorado, there are about 15,000 paternity cases filed annually. If you are experiencing paternity issues and are looking to establish the true paternity of your child, we recommend that you get in touch with a family law attorney at Evans Case as soon as possible. We are able to assist in filing legal documents, resolving disputes, establishing parental rights and responsibilities, and much more. We are here to protect the best interests of your child. If you have any questions or concerns about your Denver paternity case, do not hesitate to reach out to our team today.
Contempt of Court Proceedings
Contempt of court proceedings are designed to address violations of court orders. This can include issues like failure to pay child support or comply with custody arrangements.
Common Scenarios Which May Result in a Contempt Proceeding
Failure to Pay Child Support or Maintenance: Nonpayment of the amount adjudged.
Interference with Parenting Time: Preventing the other parent from exercising visitation rights.
Protection Order Violations: Violating the terms of a protection order.
Consequences of Contempt of Court may include fines, wage garnishment, loss of driving privileges, and possibly even jail time. If you find yourself facing contempt of court, it is strongly encouraged that you reach out to a lawyer. The family law attorneys at Evans Case are prepared to offer assistance in these cases. Courts take these matters very seriously and have a high rate of enforcement. Don’t wait. Schedule a consultation with Evans Case today to see how we can help.
Get in Touch with Evans Case for All of Your Family Law Matters
Family legal matters are often complicated, stressful, and overwhelming. We understand the emotional toll that these issues can have on you and your family. Evans Case is here to make sure that your rights and your family are protected. Our family law attorneys are experienced and successful in finding amicable solutions that work for all parties involved. We provide invaluable legal support in nearly every aspect of family law and can offer you expert legal representation. Whether you are dealing with a divorce, custody disputes, or any other family-related issue, we are here every step of the way to offer you guidance. Contact us today for a consultation and see why our family law attorneys are trusted to handle these complicated cases throughout the Denver area.
