Family Law Blog

Colorado Supreme Court Amends CFI Guidelines, Again

By Denver Divorce Lawyer on December 27, 2011

Child custody disputes are highly common in divorce proceedings. Upon the motion of either party, the court may appoint a Child and Family Investigator (CFI) to determine what arrangement of parental time and decision making is in the best interest of the child.

A CFI is a licensed attorney, psychologist, or other mental health professional who is knowledgeable in the area of child development. His or her job is to conduct an investigation and then report his or her recommendations to the court concerning what parenting time and/or parental decision making arrangement he or she believes is in the child’s best interest. According to Colorado Revised Statute 14-10-116.5, the CFI may not also serve as legal representation of the child in such cases where one is appointed.

Because of a CFI’s role in family court, it is important that there are clear rules establishing how they are appointed and what their scope of authority is. In April 2011, the Colorado Supreme Court amended the Colorado CFI Guidelines to reflect the following changes:

• A cap of $2,000 was established for the investigation and report;
• Fees and/or costs that surpass the cap must be justified by additional order of the court and proof of extraordinary circumstances;
• Remove the CFI’s authority to conduct alcohol and drug evaluations or psychological testing;
• Remove “CFI quasi-judicial immunity” in the order of appointment; and
• Remove the CFI’s authority to facilitate a meeting between both parties/parents when a protective order prohibits such proximity/contact.

More recently, the Colorado Supreme Court made additional amendments to the CFI Guidelines, which took effect on November 30, 2011. Some of these recent changes include: establishing fees for CFI testimony in conjunction with the cap; establishing CFI appointment guidelines; clarifying complaint procedures; eliminating CFI referrals for specific professionals when neither the court nor the parties made such a request themselves; and modifying language regarding the CFI’s authority to perform certain types of tests or evaluations.

Determining the allocation of parental responsibilities to suit the best interests of the child is one of the most important duties of family court. If you are concerned about child custody issues in your Colorado divorce, the experienced child custody attorneys in Denver can provide you with the information and support you need to make an informed decision about your future. Contact us today at (303) 458-5500 to learn more about your legal options.

Understanding the Types of Parental Responsibilities in Colorado

By Denver Divorce Lawyer on November 9, 2011

Determining who has custody of the children is one of the most contentious points in a divorce. In Colorado, custody has been replaced with “parental responsibilities,” which is divided into parental decision making and parenting time. In court, a judge considers a variety of factors to determine what arrangement is “in the best interests of the child.” Whether a divorcing couple comes to an agreement through mediation or if the allocation of parental responsibilities is court-imposed, it is important for parents to understand what arrangements are possible so that they can make an informed decision about how to proceed in their divorce.

The responsibility of parental decision-making may be allocated to both parents equally, or may be awarded solely to one parent, or may be divided between the parents. Decision-making responsibilities include the child’s education, health, religion and may sometimes also include other areas. If the decision-making responsibilities are allocated equally, one parent may not make certain decisions without the approval of the other or a court order. A decision maker or arbitrator are other ways to resolve a dispute, if both parents agree to have such a person appointed.

Parenting time refers to the amount of time each parent spends with the child. If the child primarily lives with one parent, the court may order a certain amount of parenting time to the other. Parenting time is not necessarily split equally, although the court often will award parenting time equally to both parents, unless another arrangement is clearly in the best interests of the child. Extenuating circumstances involving abuse, alcoholism, neglect or other dangerous situations may result in one parent being given all parental responsibilities.

A divorce can be very traumatic for children, and so it is important that both parents support the parental responsibility arrangements. If you have children and are considering divorce in Colorado, the experienced Denver child custody attorneys at Kaplan Law, LLC, can answer all of your questions and address any concerns you may have pertaining to child custody laws in Colorado. Call us today at (303) 458-5500 for a consultation.

Legalization of Medical Marijuana Causes Waves in Colorado Child Custody Disputes

By Denver Divorce Lawyer on September 30, 2011

Accusations of drug use, specifically marijuana use, are common allegations in child custody disputes, according to The Huffington Post. Prior to the legalization of medical marijuana, Colorado child custody disputes arising out of accusations of marijuana use were easily handled by the courts as there was a strict zero tolerance policy towards smoking marijuana.

In the greater Denver, Colorado area, many lawyers routinely warned clients that even smoking marijuana when they weren’t with the child could adversely affect their Colorado parenting time request. The typical process after one parent accused another of marijuana use involved court ordered drug testing, which, if the parent failed, would result in supervised parenting time. These practices no longer apply after the legalization and regulation of medical marijuana.

Amendment 20 constitutionally recognized medical marijuana as a legal practice in Colorado. Since then, the Denver/Boulder area has seen a great many medical marijuana dispensaries pop up. Denver medical marijuana dispensaries exceed Starbucks locations and more than 120,000 people statewide have licenses to smoke medical marijuana. There are even edible options for those whose lungs are irritated by the smoke. The medical marijuana trend now poses many questions: What if one parent accuses the other of smoking marijuana but they have a license? Is a parent allowed to “take their medication” during or before visitation? If a parent is found to be a marijuana user, is that enough to order supervised parenting time?

The answers to these questions will not be found overnight; however, Colorado courts have answered the last question. In a 2010 Colorado divorce case, the father was required to continuously subject himself to urinary analyses to prove that he did not revert to marijuana use as part of the ex-couple’s parenting plan, which also included supervised visits. Soon after the divorce, the father got a medical marijuana license. After some back and forth regarding motions filed by the father and mother, the Colorado Court of Appeals made the decision that without specific findings that the father’s conduct impaired the child’s emotional development or endangered him or her physically, the court could not require supervised parenting time.

State laws are in a constant state of evolution and each law affects many others. At Kaplan Law, LLC, our knowledgeable Denver child custody attorneys make a point of understanding the effects of state laws on the divorce and child custody process. If you are considering divorce or have concerns regarding child custody in Colorado, contact one of our lawyers today for a consultation at 303-458-5500.

Child Allegedly Abducted from Custodial Grandparents Found in Denver

By Denver Divorce Lawyer on September 26, 2011

According to The Orange County Register, a 15-month-old girl that had been reported missing from her grandparents’ Aliso Viejo, California home was found in a suburb of Denver, Colorado. The girl was discovered in a Lakewood motel room with her 24-year-old mother.

The child’s grandparents had temporary custody and reported her missing on Friday, September 17, 2011. She was quickly found the next morning in Colorado, where the child’s parents once lived. It is believed that the child’s 23-year-old father abducted the girl from the grandparents’ home and fled to their former home-state, with her and her mother, although that suspicion has not yet been confirmed. The father does appear to have returned to Colorado, but has not been located.

After investigation revealed that the child was being kept at a motel, Lakewood police dispatched officers to the identified motel where they found both the child and her mother. It is unknown whether her mother played any part in the abduction but an investigation is ongoing. A Colorado hearing is scheduled in Jefferson County Court to decide when the child may be returned to her grandparents.

Child custody is a very complicated and sensitive issue. A court’s job is to ensure that the custodial arrangement is in the best interests of the child and if custody, whether temporary or not, is awarded to the child’s grandparents, then there is a good reason. You should never take matters into your own hands. If you are unhappy with the custody order, then there are steps that you can take to modify or change the arrangement. Deciding to kidnap your child against a court order will only ensure that you will never be granted custody.

If you have a child or children and are facing a divorce in Colorado, or are struggling with child custody issues, the experienced child custody lawyers in Denver at Kaplan Law, LLC, can help you reach an arrangement that is best for both you and your child. Contact us for a consultation today at 303-458-5500.

Colorado Divorce: Special-Needs Children and Child Custody

By Denver Divorce Lawyer on April 13, 2011

Children with special needs should have their specific needs taken into account when creating a child custody and visitation plan during a divorce, as highlighted by a recent column on The Huffington Post.

The increase in divorce rates and in the number of children diagnosed with autism, attention deficit disorder, and other conditions means that more and more children will need their parents to consider their specific circumstances when making any major life changes, including divorce. Special-needs children, for instance, may have difficulty understanding that visitation with one parent is only temporary and that they will get to go home after a specified time. Although they may have the same fears and concerns about their parents’ divorce as any child their age, a child with autism or another disability may not be able to fully communicate them. A child with particular emotional or mental needs may react badly to finding themselves “in the middle” of their parents’ disputes, making it more important than ever to negotiate the terms of a separation apart from your relationship with your child.

Parents of special-needs children who are considering divorce would do well to contact an experienced Colorado divorce lawyer who understands that each family needs a plan for child custody, support, and visitation that works for every family member. The experienced family law attorneys at Kaplan Law, LLC examine each person’s case carefully and advocate for the best outcomes for both the adult and the children. If you are facing divorce in Colorado, call Kaplan Law, LLC today at 1-877-527-5260 to schedule a consultation.

Colorado Child Custody Law: What Are a “Child’s Best Interests”?

By Denver Divorce Lawyer on March 7, 2011

Many states require that family law judges consider the “best interests of a child” when sorting out custody and visitation arrangements. However, not all states agree on what should be considered by a judge when deciding what a child’s best interests are.

Colorado law requires courts to consider “all relevant factors” that relate to the best interests of a child. These include:

• The wishes of the parents and the child regarding who should have custody;
• The relationship between the child, each parent, their siblings, and others who may affect the child’s best interests;
• The child’s comfort level in their home, school, and community;
• The physical and mental health of the child, the parents, and any siblings;
• The ability of the parents to cooperate, to make decisions on the child’s behalf, and to “encourage the sharing of love, affection, and contact between the child and the other party”;
• If the parents will be able to provide healthy relationships with the child if they have joint custody;
• Whether joint custody would give the child more time with each parent than visitation; and
• The criminal histories of both parents, including charges and convictions of child or spousal abuse or neglect.

In addition, Colorado courts are forbidden from considering a parent’s actions unless they directly affect the parent’s relationship with the child. They are also forbidden from presuming that one parent would be better for the child than the other based solely on the parent’s gender.

Divorce is a complicated and emotionally charged process. The help of an experienced Colorado family law attorney is invaluable during this difficult time. If you are facing divorce in Colorado, call Kaplan Law, LLC today at 1-877-527-5260 to schedule a free consultation.

Parents Who Owe Child Support Need Counsel, But It’s Not the Court’s Responsibility

By Denver Divorce Lawyer on September 22, 2010

There are a number of decisions that need to be made during any child custody case, with child support payments usually being chief among them. Unfortunately, while the well being of the child is of the utmost of concern to both parents, the payment arrangements do not always translate into smooth economic transactions, with many parents unable to fulfill their court mandated duties. According to The Legal Intelligencer, the Supreme Court recently overruled a decision made by Pennsylvania’s Berks County Common Pleas Court to allow the court to provide counsel to parents facing jail time for not making child support payments, a decision which means that parents who are indigent may be taken into custody for failure to make their child support payments.

According to the article, the decision had initially been made by Berks County Court after a petition filed with the court in 2009 argued that indignant parents who were not provided counsel had their due process rights under the 14th Amendment violated. The failure to provide legal counsel was also cited as a violation under Article I of the Pennsylvania Constitution. However, the Supreme Court declared that legal counsel does not need to be provided to indignant parents, particularly since these parents face jail time as a result of ignoring mandatory court appearances and are therefore aware of their rights. Counsel arguing on behalf of the petitioners made the claim that the petitioners were never informed of their right to counsel during hearings to address their indignant actions.

Despite the country’s economic downturn, child support payments are still a necessary part of the divorce process if children are involved. For more information about child support payments in Colorado, contact the experienced Denver family law attorneys at Kaplan Law, LLC today. Please call us today at 1-877-527-5206.

When Should Grandparents’ Rights Take Priority Over a Birth Parent’s?

By Denver Divorce Lawyer on August 18, 2010

In many cases involving child custody and visitation rights, grandparents are not often looked at as the best possible guardians/caregivers for a child. However, this isn’t true of every case. In many instances, grandparents not only house and care for a grandchild, but are the closet parental figure that the child has in his or her life. Ohio’s Dayton Daily News recently highlighted an interesting story in regard to grandparents’ rights, which asks the question of whether or not grandparents’ wishes should be cast aside simply because a child’s birth parent decides to do so.

The article, involving an 8-year-old girl, discusses a custody case between the girl’s birth father and her maternal grandparents. Reportedly, after a tragic car accident took the life of the girl’s mother, the father, who had previously only seen his daughter sparingly, took it upon himself to ask the girl’s grandparents, whom the young girl and her late mother lived with, if it would be okay to resume visitation with his daughter. The grandparents agreed, particularly since they felt it best that their granddaughter connect with her only living parent. However, the girl’s father soon cut off visitation between the girl and her grandparents, which didn’t resume until a court ordered that her grandparents were entitled to care for and see her every other weekend.

All cases of child custody are different. In some cases, grandparents assume a more traditional role, in which they may not be as involved in the actual upbringing of the child. However, other cases indicate that a child’s grandparents may actually be the child’s primary caregiver. Regardless of the circumstances, it is important that all details are thoroughly examined in any child custody case, particularly in regard to grandparents’ rights.

For more information about grandparents’ rights, get in touch with the Colorado family law attorneys at Kaplan Law, LLC. Call 1-877-527-5206 today to speak with an experienced Denver grandparents’ rights attorney.

Troops’ Parental Rights to Child Custody

By Denver Divorce Lawyer on June 23, 2010

Going through a divorce in Colorado can be a stressful experience, but it does not have to deprive you of your right to custody of your children. However, troops and military service members alike are finding that their rights to custody as a parent may be in jeopardy. According to a Stars and Stripes article, lawmakers are examining potential amendments to improve legislation to better protect servicemembers’ parental rights to child custody.

When servicemembers are involved in Colorado child custody disputes, one of the biggest issues is deployment-related absences. Mothers and fathers who are active-duty servicemembers are asking for protection against breaks in parental care related to military service harming their chances of obtaining custody. Based on the article, approximately 142,000 servicemembers have primary custody of their children.
While several lawmakers advocate the adoption of a uniform statute to be implemented nationwide, statutes are pending in 14 other states and 33 states have enacted military child custody laws, Colorado included.

A bill advocating more detailed information regarding custody rights in the Servicemembers Civil Relief Act – a federal law that gives troops special legal privileges not provided to civilians – has been noted to have bipartisan support and has been included in the annual defense authorization act by the House Armed Services Committee. The provision also forbids state courts from permanently modifying custody orders during a parent’s deployment and would require pre-deployment custody to be given back except in cases where doing so is not best for the children involved.

The “allocation of decision-making responsibility” and the “allocation of parental responsibility” characterize child custody matters in Colorado. The legal matters surrounding these cases are some of the most complex in family law, making finding a qualified and dedicated Denver child custody attorney all the more important. At Kaplan Law, LLC, our skilled Colorado family law attorneys have extensive experience in child custody and visitation. Call us today at 1-877-527-5206 for more information on how we can help.

Disabled Woman Allowed to Seek Visitation Rights

By Denver Divorce Lawyer on April 26, 2010

A Los Angeles judge ruled last week that the parents of a brain-damaged mother of triplets can sue on her behalf for the right to visit her children. According to an LA Times article, the 34-year-old woman gave birth to the triplets in 2006. During the delivery, she suffered a massive blood loss, which led to cardiac arrest. She was finally revived but the lack of oxygen to her brain left her unable to move or speak. The triplets were born healthy. She and her husband divorced but left decisions over child custody, visitation, property and child support to be sorted out later. The triplets’ father refuses to let the mother visit the triplets, claiming it would be detrimental to them.

The mother now lives with her parents in South Carolina. Her ex-husband lives in California with the triplets, who do not visit their mother. The woman’s parents claim that she communicates by blinking, and has expressed a desire to see her children. The woman’s former husband alleges that she is in a vegetative state and is unable to communicate.

The woman’ parents recently petitioned the court to allow them to sue on her behalf for visitation rights. Her ex-husband argued that it’s impossible to know what the mother wants, because she’s incompetent, and that to give her parents some rights in the divorce case would set a dangerous precedent. The court ruled that her parents could seek visitation on her behalf, and ordered neurological testing. Another hearing is set for May 13.

If you or someone you know is experiencing a painful child custody battle, get an experienced child custody Colorado attorney to fight for your rights. Call our experienced team at Kaplan Law, LLC, at 877-527-5206. We will work hard to protect your rights and obtain a successful outcome in your child custody or divorce case.