Family Law Blog

Attorney-Client Confidentiality Void for Certain Colorado Cases Involving Children

By Denver Divorce Lawyer on November 22, 2011

In a recent ruling, the Colorado Supreme Court has established that attorney-client privilege does not protect conversations between children and the lawyers who represent them in parent responsibility, neglect, or abuse cases, according to an article in The Denver Post. The ruling is based on a case from 2005 that involved alleged sexual assault on a child. The child did not give her guardian ad litem approval to tell the court what she confided, thus resulting in a weaker prosecution and case dismissal. A guardian ad litem is a lawyer that has been appointed to represent a child. Most often, a guardian ad litem is appointed for children who have been abused, neglected, or are in foster care. A Child’s Legal Representative who is similar to a guardian ad litem, may also be appointed in a child custody battle between divorcing spouses. His or her job is to assess the situation and make recommendations to the court based on what is in the best interests of the child. It is likely that this recent ruling applies to CLRs as well as GALs.

The decision to remove attorney-client privilege from a child and their guardian ad litem sparked much debate. On the one hand, child advocates believe that the trust between a child and their guardian ad litem should never be broken. Many abused, neglected, or troubled children may feel betrayed if their attorney divulges information they were told in confidence. On the other hand, many child advocates believe that this ruling is in keeping with the purpose of a guardian ad litem, which is to act in the best interests of the child regardless of the child’s desires. Parent responsibility and parenting time are some of the most contentious parts of the divorce process. If there are serious allegations from one parent about the other, or if neither parent can agree or compromise on a custody arrangement, the decision will be taken out of their hands. At Kaplan Law, LLC, our dedicated family law attorneys in Colorado believe that the custody ruling should reflect the best interests of the child and are committed to working towards that goal. If you have children and are considering divorce, call us today to learn more about your legal options at (303) 458-5500.

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

By Denver Divorce Lawyer 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/

Nas’s Pregnant Wife Files For Divorce

By Denver Divorce Lawyer on August 4, 2009

The website accessshollywood.com reported in an article that Kelis, wife of hip-hop star Nas, has filed for divorce after being married four years. An associate of Kelis confirmed the news to Access Hollywood.

The associate said, “I can confirm that she has filed for divorce. We request the media to respect her privacy during this very difficult time.”

Kelis gained fame with her popular song “Milkshake”, and filed for divorce in Los Angeles Superior Court, citing “irreconcilable differences.”

Kelis is pregnant with their child, and is requesting spousal and child support.

In an interview with MTV News, Nas showed no signs of any marital problems.

Nas said, “She’s great man. She’s doing good. I’ve been thinking about kinda putting something online: ‘Choose his name.’ You get a couple of stacks for that. We take care of you for that. You win something real. But we’re thinking now.”

The couple was married in Atlanta in January 2005.

Many states view divorce differently and have different rules as to what may warrant a divorce. The State of Colorado follows a “no fault” divorce law, which means that either the husband or wife can request dissolution of marriage merely because the marriage is broken and they do not feel that the marriage can be repaired. The Colorado divorce attorneys at Kaplan Law can assist you in the division of personal items which were acquired during the marriage, as well as the determination of monthly spousal support, if warranted.

At Kaplan Law, their skilled Colorado divorce lawyers understand that their clients are going through what is, at best, an emotionally difficult process. The family law attorneys at Kaplan Law can help with decisions of personal and or property matters, collection of funds, and child custody. It is their goal to make the process of getting divorced as quick and easy as possible so that you can get on with your life. Please call 1-877-527-5260 for a free consultation.