Family Law Blog
Colorado Attorneys - Kaplan Law, LLC
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.
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 Custody is Based on Best Interests of the Child, Not Physical Abilities of Parent
By Denver Divorce Lawyer 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.
