Family Law Blog

Child Custody: Who Gets to Decide?

By admin on July 29, 2009

A recent article published on divorcemag.com by a family law judge by the name of Roderic Duncan poses the question of who gets to decide the fate of your child custody matter - you or the judge? More specifically, the judge makes an argument for the two parties involved in the child custody matter to come to a mutual agreement prior to the court date.

By doing so, many unknown variables are removed from the equation; most notably, the mood, disposition, and experience of the family law judge in charge of your case. When two parties come to a judge with no agreement in hand, they are turning over the fate of their family to a complete stranger. The judge will attempt to determine what is in the best interests of the child. Little or no weight will be given to the best interests of either parent. The main and sole considerations rest on the fate of the child, who will care for him or her best, and what circumstances will benefit the child best.

Agreeing to terms of custody can also foster a spirit of cooperation and goodwill for future dealings with the child. This is an important factor as invariably the circumstances behind the living situations of either spouse are very likely to change. Altering the custody agreement will be much easier if you were able to come to an initial agreement yourselves, without the court’s interference.

The article uses an example of a parent who wants to take their children on a special extended vacation. The judge argues that it will be much easier to arrange this if there is a history of agreements of this type between you and your ex; otherwise, you leave the matter to be settled by a judge.

The circumstances behind child custody agreements can be exceedingly complicated. While the best interest of the child is always of main concern to the courts, when the ex-spouses can come together to reach an agreement for care and parental decision making responsibilities, the results are almost always advantageous. Not only do the parents have more input when it comes to their children’s rearing, they also set a precedent for future custody alterations.

The child custody attorneys at Kaplan Law have experience negotiating countless child custody arrangements. We know the ins and outs of the process and can guide your choices by counting on our wealth of experience. If you are involved in a child custody situation where the services of an experienced family lawyer are needed, contact a skilled Denver child custody attorney at Kaplan Law.

Source report:http://www.divorcemag.com/articles/Child_Custody/judge-court-mediation-children-parent.html

Grounds for Divorce in Colorado

By admin on July 15, 2009

A recent article on divorcemag.com details the legal grounds for divorce in Colorado. The article explains that there is truly just one legal reason for divorce in Colorado, and it is ‘irretrievable breakdown of the marriage’. This term lends itself to Colorado’s status as a ‘no fault’ divorce state. There is no opportunity to place blame in the divorce process, the assumption is that both the husband and wife have contributed to the breakdown of the marriage.

There is also an option for annulment, although an annulment is rarely granted by the courts. An annulment is a ruling by the court that the marriage never even occurred. As opposed to a divorce, which states that the marriage contract was broken, the annulment is a much harsher end to the union, essentially denying it ever existed. Reasons for annulment can include (but are not limited to):

• Mental incapacity to agree to marriage
• Fraudulent representation of the other party that pertained to the foundation of the union
• Married under duress

Colorado’s no fault divorce status has its benefits. With the question of blame removed from the equation, the spouses can focus on the equitable distribution of assets, questions regarding child support and parenting time, and alimony. No monies are spent on things like investigators or the complicated process of proving infidelity.

Regardless of the grounds for your divorce, a qualified Denver divorce attorney from the Kaplan Law group can be a valuable asset as you venture to re-start your life. Our attorneys have experience negotiating settlements and can take special care to make sure all of your interests are covered. Contact us today for a consultation of your situation; our attorneys can help you during this very difficult time in your life.

Source article:http://www.divorcemag.com/CO/faq/grounds.html