Family Law Blog

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

Finance Concerns Linked to Divorce Rate According to Utah State Study

By admin on January 7, 2010

Reportedly, finances are a hot button topic that could be directly linked to divorce rates. While it has long been suspected that financial concerns and arguments are a major point of contention amongst divorcing couples, a new study may show that there is a definite link between monetary disagreement and tendency to end a marriage. According to an article on the New York Times website, a study conducted at Utah State University found that couples who found themselves disagreeing about money at least once a week were more than 30 times likely to seek a divorce than those couples who only disagreed about finances a few times total each month.

The study examined a control group of about 2,800 couples in 1987, and then reexamined the same group five years later in 1992. Initially, the couples were asked about how often they argued with one another over issues ranging from in-laws to spending time with one another, including the topic of finances. Of all the different topics of contention, arguments over money were deemed to be the best indication of whether or not a couple would eventually divorce.

Regardless of the reasons why a couple chooses to divorce, legal proceedings can be extensive and often quite complicated. The best action for such proceedings is to retain the services of an experienced family law attorney who will examine every detail of the case to ensure that division of assets, custody arrangements, and spousal or child support payments are decided upon while keeping the best interests of the client in mind.

The skilled lawyers at Kaplan Law, LLC have represented clients in a variety of divorce cases. Our Colorado divorce attorneys will work on your behalf to attain the best possible outcome in your case, and will ensure that your rights are not infringed upon in a court of law. We understand the complex nature of divorce cases, and are sympathetic towards the stress that can ensue as a result. If you are thinking of filing for divorce and would like helpful information, please don’t hesitate to contact us today at 1-877-527-5206.

Source:http://economix.blogs.nytimes.com/2009/12/07/money-fights-predict-divorce-rates/

Is One in Two Marriages Really Destined for Divorce?

By admin on December 23, 2009

An article featured on the website dakotavoice.com attempts to more closely examine the divorce rate in the United States. The article offers the argument that the now common figure that one in every two marriages ends in divorce is an inflation that does not take certain factors into consideration.

Reportedly, the article cites recently released data from the United States Census Bureau that shows that 75% of marriages are between individuals that have only married once. Therefore, nearly 25% of marriages consist of individuals that have previously married, therefore inflating divorce rate figures to paint a direr picture than what actually exists.

The article goes on to point out that the average marriage in the United States lasts over 18 years. If this is in fact the case, it bears little on the overall divorce rate, which still cites that a large number of people, some married for longer periods of time than others, divorce each other for any number of reasons. Divorce can definitely present its warning signs, but often times these signs are not recognized until divorce is imminent.

Divorce in Colorado can result for any number of reasons. Arguing over finances, the amount of time spent with one another, or attention given to children are all reasons that are sometimes cited as having contributed to a couple deciding that divorce is in the best interest of both involved parties. Regardless of what the reasoning behind the divorce is, all details surrounding custody and division of property need to be carefully examined in order to ensure that the rights of either party involved are not infringed upon in a court of law.

The skilled lawyers at Kaplan Law, LLC have represented clients in a variety of divorce cases. Our Colorado divorce attorneys will work on your behalf to attain the best possible outcome in your case, and will ensure that your rights are not infringed upon in a court of law. We understand the complex nature of divorce cases, and are sympathetic towards the stress that can ensue as a result. If you are thinking of filing for divorce and would like helpful information, please don’t hesitate to contact us today at 1-877-527-5206.

Source:http://www.dakotavoice.com/2009/09/divorce-statistics-not-as-bad-as-portrayed/

Amnesty Granted for a Limited Time to Pennsylvania Child Support Payers

By admin on November 18, 2009

Philadelphia’s KYW News Radio 1060 recently reported that parents who are behind on child support payments, and have had bench warrants filed against them for those outstanding sums, have been granted amnesty by the Pennsylvania Family Court. The amnesty will not excuse parents from fulfilling their financial obligations to their children, but will prevent them from being arrested. It is believed that the amnesty, which was only granted for a small period of time, would urge some parents, who would otherwise neglect payment altogether in order to avoid jail time, to accept their role in the child support process.

According to the article, parents who chose to accept the amnesty were essentially given a pass on the penalties associated with late payment, or no payment at all for that matter, and were granted a new court hearing to go over their payment details. Unemployed parents will even receive job training and assistance in acquiring a job, both in hope that child support payments will be kept up from here on out.
The program was summed up best by a Family Court judge, who reasoned that “the issue is making sure that the parent that owes that money is obligated to pay for the support of that child, and that Philadelphia Family Court is providing an opportunity for employment — and possibly long-term employment with benefits — in these rough economic times.”

Issues surrounding custody and child support payments can often be quite detailed, regardless of which state you live in. Tackling such paramount issues in the state of Colorado is much easier with the assistance of an experienced Colorado child support attorney who will fight to ensure that the client’s rights are upheld at all times in a court of law. If you would like more information about family law in Colorado, don’t hesitate to contact the skilled attorneys at Kaplan Law, LLC. Our divorce and child custody lawyers will work on your behalf to attain the best possible outcome in your case. Please call us today at 1-877-527-5206.

Source:http://www.kyw1060.com/pages/5661605.php

Economic Woes Can Prolong Divorce

By admin on October 21, 2009

A recent article featured on the website ozarksfirst.com discussed the impact that the down trodden economy is having on married couples and those looking to marry. Specifically, the website cites USA Today and MSN Money reports that explain how people seem to be holding off on both marriage and filing for divorce due to worries regarding the potential costs associated with each. According to the national average, one out of every two marriages will end in divorce. However, one can assume that, if people truly are putting off divorce due to the potential monetary costs associated with it, then the number of couples that actually want a divorce could be much greater than the 50% who actually go through with it.

The article reasons that many individuals may be either unemployed or underemployed, and that could be the reason why divorces and marriages are being put off. Financial struggles are one of the most common reasons cited for arguments that ultimately lead to divorce. The article also states that 60 to 70 of people now choose to live together prior to marriage, a practice that in and of itself is relatively close to the rigors that officially being married to one another actually has to offer. By the time couples may decide it’s time to actually enter into marriage, those couples may go through with the marriage, but ultimately may be skeptical about whether or not the marriage will last, and are more susceptible to decide that, in the end, it won’t last.

Regardless of your marriage situation, a divorce can seem overwhelming at first. Whether you’re unemployed or underemployed, chose to live together for years prior to marriage or simply chose to wait until after the marriage, or have come to the conclusion that your marriage just won’t work, divorce proceedings can be complicated. If you are seeking a divorce from your spouse, it is in your best interest to retain the services of an experienced divorce attorney that will help sort through every detail of your divorce proceedings.

The skilled attorneys at Kaplan Law, LLC represent all types of divorce cases. Remember, divorce can completely change a person’s life, and as a consequence may be accompanied by tremendous amounts of stress. The divorce attorneys in Denver at Kaplan Law, LLC understand how stressful such situations can be, and work towards making divorce proceedings not only as equitable as possible, but also as stress-free for everyone involved. Please call Kaplan Law, LLC today at 1-877-527-5206 for more information about divorce and your options.

Source:http://ozarksfirst.com/content/fulltext/?cid=196562

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