Colorado Family Law Attorneys
The Colorado family law attorneys and paralegals at Kaplan Law are experienced in a wide variety of family law matters, including adoption, child custody and parenting time, child support collection, divorce, and paternity. Kaplan Law, located in Denver, Colorado, is dedicated to using knowledge and expertise in the area of family law to make the process as painless and successful as possible.
Adoption
Each year, approximately one and a half million children are adopted in the United States.
Adoption in Colorado can be agreed to by the parents or ordered by a court. The most common adoption is by a step-parent, who decides to legally adopt a husband or wife's child from a previous relationship. In this situation, the natural parent must agree to the adoption, or be found to have abandoned the child. Through the procedure of adoption, all of the rights and responsibilities of the child are turned over from one or both natural parents to an adoptive parent. Following an adoption, the natural parent no longer has any obligation toward, or rights regarding, the child. The adoptive parents are then responsible for the well-being of the minor child and must adequately provide for them in every area of the child's needs. A Kaplan Law family law attorney will aid you in the proper adoption procedures in the appropriate Colorado county.
Separation
A Legal Separation is just like a divorce, with the same division of assets, allocation of parental rights, and determination of monthly support. However, the husband and wife remain married. There usually is no reason to obtain a Legal Separation, unless one of the spouses needs to stay married for health insurance to continue. The same result can often be obtained by entering into a post nuptial agreement, which serves as a contract between the spouses but avoids having to file a formal action in court.
Divorce
The State of Colorado follows a "no fault" divorce law. This means that either the husband or wife can request a 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 help with the division of personal items, real estate, and other assets acquired during the marriage, as well as the determination of monthly spousal support, if warranted.
Property Distribution
The State of Colorado is an "equitable distribution" state. This means that assets and debts are divided between the spouses in a fair manner, which may not be equal. The judge takes into account many considerations in making the division and has a great deal of discretion in this regard. The only assets divided are those in the marital estate, which are usually the assets acquired during the marriage, and the increase in value of assets owned by each spouse prior to the marriage. Typical types of marital assets are cars, stocks, pensions, real estate and bank accounts. The Colorado family law attorneys at Kaplan Law know experts who can value assets, or counter existing opinions as to value, and are skilled in explaining complex financial circumstances in understandable and persuasive presentations.
Allocation of Parental Responsibility/Allocation of Decision-Making Responsibilities
The State of Colorado is now using new terminology regarding child custody. The terms "allocation of decision-making responsibility" or "allocation of parental responsibility" will now be used to replace the term "child custody."
Allocation of parental responsibility is the legal process of determining which decisions are made for the children by which parent. If the parents cannot agree on how to divide these responsibilities, the judge will decide based on the best interests of the child. The understanding and skilled Denver family law attorneys at Kaplan Law can help prepare the best and most persuasive case so that the child's best interests are actually served and that all important information is gathered and presented. Kaplan Law can also assist with the modification of your current allocation of parental responsibilities and can direct you to accomplished counselors or therapists if problems exist.
Child Support
Child support is compensation supplied by one parent to the other parent to aid in the support of their shared child. The amount of child support is determined by using a formula, but child support ends when the child turns 18 or upon completion of high school. Most disputes revolve around the establishment of a parent's current income and whether a higher income should be imputed based on the person's earnings history and ability.
Parenting Time
The term "parenting time" addresses the time the non-custodial parent is allowed to be with the child or children. This is a matter of discretion for the judge, but usually a person trained in mental health, such as a psychologist, acts as a Special Advocate, an advisor to the court. The family law attorneys at Kaplan Law work closely with the Special Advocate and the client, making sure the necessary facts are considered before any recommendation is made to the judge. The Denver family law attorneys also share their experience in other cases to guide the client to an informed decision on how to avoid a battle over the children and allow the family to function as a divorced family.
Spousal Support/Maintenance
The decision of maintenance in the State of Colorado is dependent upon factors such as the length of the marriage, the ages of the spouses, the length of time maintenance is considered necessary, and the capability of the spouse to contribute to the other spouse. The judge has no guideline to follow, and thus the lawyer's job is to persuade the judge of the need, or lack of need, and how best to allocate the limited resources once shared during the marriage.
Paternity
Paternity is a situation in which a man fathers a child with a woman, but the couple was never married. Under the Uniform Parentage Act in Colorado, the mother or father of the child can suggest a paternity test to determine if the man is the natural father. This process consists of a blood test as well as other evidences and information that will determine paternity. If the man is the father of the child, he is legally entitled to parental rights, and financial and parenting responsibilities need to be addressed. Paternity establishes a legal relationship between the father and child. If paternity is admitted, but no child support is being paid, a child support order can be obtained from the judge, and a process of payment can be implemented to assure receipt of future support.
Child Advocacy
In cases involving children, the court may appoint qualified professionals
to assist the court in making a determination concerning parental responsibilities
that will best meet a child's needs. To accomplish this, often
the court appoints an attorney either as a Special Advocate, Child's
Representative or Guardian ad Litem. In these roles, the attorney makes
an investigation concerning relevant statutory factors the court must
consider in making a decision and issues a report making recommendations
to the court. Certain of the Denver
family law lawyers at Kaplan
Law L.L.C. have served as Court-appointed guardian ad Litem, Children's
Representative and Special Advocate in numerous cases involving domestic
and juvenile matters. In addition to directly advocating for children,
these experienced family law attorneys can provide invaluable assistance
to our clients who are parents in preparing them to meet with outside
professionals functioning in these roles.
Let Kaplan Law be your source for legal advice and representation. The family law attorneys and Denver divorce lawyers will work your case with the experience and resources it takes to attain a favorable ruling. Call today to speak with a Colorado divorce lawyer or Denver family law attorney.
