Family Law Blog

Troops’ Parental Rights to Child Custody

By admin 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 admin 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.

Issues Surrounding Grandparents’ Minimal Visitation

By admin on February 4, 2010

Grandparents are not always thought of in child custody cases. For many families though, grandparents can provide stable environments for children and, as consequence, shouldn’t be forgotten about when it comes to child custody and parceling out visitation rights. According to a chicagotribune.com article, grandparents can sometimes find themselves completely at the mercy of their grandchild’s parent, and there is little they can do about it.

Reportedly, two grandparents in Iowa are having a very difficult time spending time with, and even seeing, their two grandsons. The article explains that the boys’ mother passed away, that they now reside strictly with their father, and that their father (son-in-law to the aforementioned grandparents) chooses to rarely respond to visitation requests made by the grandparents. This renders their time with the grandchildren practically non-existent. Legislation in the state of Iowa, where this particular story is playing out, does not make it very easy for grandparents to see the grandchildren, particularly when one of the children’s parents is deemed fit and capable of raising the children and the best interests of the child are satisfied. In the eyes of the courts, grandparent visitation rights are the decision of the children’s parent or parents. Grandparents have little recourse in the way of filing suits, especially since, if such a visitation suit is sought and lost, the grandparents may never again see their grandchildren.

In the state of Colorado, the best interests of the child always take precedent in child custody and visitation rights hearings. If you are a grandparent and are seeking visitation rights of your grandchild, contact an experienced Colorado child visitation rights attorney at Kaplan Law, LLC. Our skilled Denver family law attorneys will examine the circumstances of your visitation rights case, and will work on your behalf to ensure that your rights are not infringed upon in a court of law. For more information about grandparents’ rights, please call us today at 1-877-527-5260.

Source:http://archives.chicagotribune.com/2009/dec/20/local/chi-ap-ia-grandparentsright

Child Custody is Based on Best Interests of the Child, Not Physical Abilities of Parent

By admin on January 18, 2010

A variety of factors need to be taken into account during child custody hearings. An ABCNews.com article discusses one such case that warrants consideration of multiple factors. Reportedly, a quadriplegic woman is seeking to retain custody of her son, but is being opposed by her ex-boyfriend, who cites that the woman is not capable of properly caring for the child. In child custody cases in Colorado, as well as the rest of the country, the best interests of the child are given considerable consideration in custody hearings.

The court system does not typically give disability nearly as much weight as it does the well-being of the child. Disability, it is argued, is therefore not an indication that the disabled individual cannot parent a child, particularly if the court system rules that the child will be properly cared for under the supervision of the disabled parent. With all emotion cast aside, the best interest of the child remains the gold standard in terms of which parent the child will ultimately end up with. Often times, financial stability and a nurturing support system are the two primary variables considered in child custody cases. Ultimately, parents are examined according to their character and whether or not they are capable of raising their child.

Child custody cases can be especially complicated. The state of Colorado is no exception to this idea, and the services of experienced family law attorneys should be retained to ensure that parental rights are not infringed upon in a court of law. At Kaplan Law, LLC, our Colorado child custody lawyers will examine every detail of your child custody case and work diligently on your behalf. If you are thinking of filing for divorce and believe that child custody issues will be involved, please contact us for more information. Call us today at 1-877-527-5260.

Source:http://abcnews.go.com/Health/MindMoodNews/quadraplegic-mother-fights-maintain-custody-son/story?id=9403163

Women’s Equality in the Work Place Equals Men’s Equality in Child Custody Cases

By admin on December 9, 2009

The New York Times recently talked about a trend affecting child custody and today’s work force. Citing articles from Working Mother Magazine, the story talks specifically about child custody and how mothers are no longer virtually ensured of receiving primary physical custody of their children during the divorce process.

Formerly, when women were more often associated with caring for young children, and men were deemed the primary wage earners, it was viewed as being in the best interest of the child or children involved that they remain in the custody of the parent that had assumed more of the care-giving role. This label was dominantly attributed to stay-at-home moms. However, with the work force now a more gender diverse arena, and the downtrodden economy taking its toll on men more so than women, men in particular are facing more layoffs and, consequently, find themselves at home assuming the roles of ‘Mr. Mom.”

The label of “primary caregiver’ was never gender specific, although it used to be dominantly associated with the female gender. That association, however, has taken a serious hit in recent years, and more and more instances of fathers gaining primary custody of children during divorce proceedings are popping up all across the country. According to the article, there are now 2.2 million divorced mothers in the United States who do not have primary custody of their children. Furthermore, an estimated 50% of fathers who seek primary custody of their children receive custody.

Regardless of the circumstances, child custody hearings can be complicated. While it may be safe to assume that the working parent is the number two caregiver, this is not always the case. For that reason, all details surrounding divorce and custody cases need to be carefully examined in order to accurately determine the proper custodial agreement.

If you are dealing with child custody issues in the state of Colorado, it is in your best interest to retain the services of an experienced Denver family law attorney who will fight to ensure that your rights are upheld at all times in a court of law. At Kaplan Law, LLC, our skilled divorce attorneys understand how difficult issues surrounding custody hearings can be. If you would like more information about protecting your rights, please don’t hesitate to contact us today at 1-877-527-5206.

Source:http://parenting.blogs.nytimes.com/2009/11/17/more-fathers-getting-custody-in-divorce/

Military Personnel Protect Our Country, but Marriages May Suffer Nevertheless

By admin on November 4, 2009

A recent examiner.com article discusses the unfortunate tendency for spouses of military personnel to grow so tiresome of their significant other’s deployment that divorce becomes a solution to the problem. The story cites another article from the Washington post that explains how the commanding officers of soldiers that find themselves on the verge of divorce have the ultimate say over whether or not the soldier is granted an emergency leave on the grounds of correcting problems at home, including a looming divorce.

Among the many reasons often cited for divorce amongst military families is a lack of interaction that a deployed soldier has with his or her spouse. Feelings of abandonment and loneliness may slowly creep up on unsuspecting spouses when their significant other is deployed overseas or even out of state. Child custody and other issues arise in many divorce proceedings, and child custody can often be difficult for a deployed soldier to contend with. In all cases where divorce seems like a likely possibility, and especially if children are involved, an individual’s best course of action is to retain the services of a skilled Denver child custody attorney who will see to it that all decisions made in regard to divorce are as equitable as possible for both parties involved.

According to the article, many states have passed laws preventing military deployment as being cited as a significant reason for seeking a divorce. To ensure that your rights are upheld in a court of law, don’t hesitate to contact the family law attorneys at Kaplan Law, LLC. Our experienced divorce lawyers have represented a large number of clients in a variety of divorce proceedings, and are prepared to make your divorce proceedings as stress-free as possible. Our Denver family law attorneys understand how complex such situations can be, and are prepared to handle every detail of your case so that you don’t have to. Please call Kaplan Law, LLC today at 1-877-527-5206 for more information about divorce and your possible options.

Source:http://www.examiner.com/x-3145-Miami-Relationships-Examiner~y2009m9d6-Custody-battles-and-divorce-in-military-families

Stepparent Adoption Done Right

By admin on September 30, 2009

Stepparent adoption is a process through which a child’s biological parent surrenders his or her rights to the new spouse of the other biological parent. Once such an adoption occurs, the relinquishing biological parent surrenders all rights and responsibilities for the child, including visitation rights and child support payments. According to Colorado statute 25-2-113.5, “adoption is based upon the legal termination of parental rights and responsibilities of birth parents and the creation of the legal relationship of parent and child between an adoptee and his adoptive parents.”

Laws can vary from state to state in regard to the necessary steps that need to be taken to become an adoptive parent, so it is good idea to consult with qualified legal counsel prior to starting the adoption process. In most cases, consent of some kind needs to be given by the parent that is relinquishing parental rights, and parties involved will need to appear before a judge. The person petitioning to become the stepparent may have to submit to background checks or other forms of screening. In any event, all the necessary paperwork must be filed in order to make the adoption process official.

Some helpful steps to remember during the adoption process may help prevent error from arising. Becoming aware of adoption laws in your area, preferably with an experienced family law attorney by your side, contacting the court, filing the necessary paperwork, and attending all court dates are effective ways of making your adoption experience that much simpler. First and foremost, remember that the well-being of your child should always be placed at the forefront of all decisions that are going to affect him or her.

The experienced Denver family law attorneys at Kaplan Law, LLC are well-versed in a wide range of family law matters and are here to help answer all your adoption questions. If you are a stepparent and are looking to become the legal guardian of your spouse’s child, please don’t hesitate to contact Denver’s family law attorneys at Kaplan Law, LLC. Call us today at 1-877-527-5206 for more information.

Source Article: http://www.childwelfare.gov/pubs/f_step.cfm

Study Claims Divorce Can Result in Illness

By admin on August 27, 2009

According to Bloomberg News, a recent study by the United States Center for Disease Control and Prevention concluded that those people who experience divorce generally are more susceptible to health problems caused by the onset of stress. Health problems in this case included diabetes and even cancer. Statistically, divorced people suffer from chronic health problems nearly 20% more than those people who are married.

According to the National Institutes for Health, the divorce rate in the United States is just about 50%. Almost half of all couples married will go through a divorce at some point in their lives, and of that half, many of them will eventually divorce multiple times. With such high levels of stress associated with divorces, especially those divorces that are complicated and drawn out for longer than they should be, it’s no wonder that debilitating health effects are capable of taking a hold of an otherwise healthy adult.

Linda Waite, a sociologist at the University of Chicago, offered her opinion on the findings, suggesting that “the thing to keep in mind is that…marital status affects the chances of chronic conditions…[and] anything you can do to mitigate the effects of stress should help.” In all divorce cases, it is important to realize that there are sources that can offer significant assistance in making divorce proceeding as simple and smooth as possible. An experienced attorney will examine the details of a divorce proceeding, and work towards the best interests of the client. These interests include making the proceedings as pain and stress free as possible.

The skilled Denver divorce attorneys at Kaplan Law, LLC represent all types of divorce cases, including those centering-around child custody and support payments. Divorce can completely change a person’s life, and as consequence is accompanied by tremendous amounts of stress. Denver’s family law attorneys at Kaplan Law, LLC understand that, and work towards making divorce proceedings not only as equitable as possibly, but also as stress free. Please call Kaplan Law, LLC today at 1-877-527-5206 for more information.

Source Article:http://www.bloomberg.com/apps/news?pid=20601202&sid=aOKTsymCkaKU

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