How Do I Get Emergency Child Custody?

Changing a child custody arrangement can be a long and complicated process. But what if there is an emergency and you need custody of your child right away? Luckily, there are specific child custody laws in place for this exact scenario. Before we get into how to get emergency child custody, it is important to know what it is.

Emergency Child Custody

Filing a motion for emergency child custody allows a court to act immediately to suspend all unsupervised parenting time. There are a few restrictions, however. The court can only grant emergency child custody if your child is being put in danger by their other parent. This endangerment can be emotional or physical. Some examples are physical abuse, sexual abuse, excessive drinking or drug use around your child, mental health concerns for the parent, domestic violence, or even neglect. In addition, if your child’s other parent isn’t necessarily the one endangering your child, emergency custody can still be granted. If your child’s other parent has friends or a significant other who endanger your child, this falls under child endangerment on behalf of the parent.

How do I get emergency child custody?

To start the process of getting emergency child custody, you would first have to file a Motion to Restrict Parenting Time with the court. Once you have filed your motion, the court will immediately order that all contact between the parent and child be monitored by a third party. The court will then schedule a hearing in the next 14 days to review the motion. At the hearing, both parents will be allowed to present any evidence they have regarding the endangerment of the child. This can include pictures, emails or texts, and any people who have witnessed the endangerment or lack thereof. The court will then make a ruling on the motion. The judge will either deny the motion, continue the restrictions put in place when the motion was filed, or change the restrictions to be less strict or stricter.

It is important to note that there are penalties for wrongful accusations, including, but not limited to, paying legal fees for the other side. It is vital that you do not file a motion like this out of spite. To avoid this, it is helpful to consult an attorney to make sure that what you are claiming is substantiated. A Divorce Matters attorney can also help you navigate the entire process with ease and expertise.

What Types of Law Does Divorce Matters Practice?

Just from our name, it’s easy to tell that we excel in divorce law, but what other kinds of cases can Divorce Matters handle? We are a law firm specializing in family law. Family law covers a wide variety of different cases including:

Adoption

Estate Planning

Divisions of Marital Property

An important part of the divorce process in Colorado is figuring out how to divide marital property. The procedure generally involves two steps. First, it must be determined what marital property is. Second, the marital property must be divided equitably

Spousal Maintenance

In Colorado, neither spouse has an automatic right to maintenance. The court may award maintenance only if it finds that the spouse seeking maintenance lacks sufficient property to meet their reasonable needs and, in addition, is either unable to support themselves through appropriate employment or should not be required to seek employment because of child care responsibilities. Divorce Matters has lots of experience in Spousal Maintenance negotiations and our attorneys are the perfect choice to help you!

Child Custody

When children are involved, the divorce process doesn’t end once the final paperwork is filed. With children come often contentious and painful negotiations about and modification of parental rights, parenting time, and custody. Our team has deep experience dealing with child custody and parental rights issues and we believe it is our duty and an imperative to help couples address custody and rights issues in ways that reduce the impact of divorce and protect children in the process.

Child Support

In Colorado, child support is based on strict guidelines dictated by state laws and statutes. The issue of child support is separate and distinct from the issue of parenting time, and child support payments may not be conditioned upon parenting time. Due to these strict laws, it is important to have guidance from an expert attorney throughout the process.

Post Decree Modifications

Have your circumstances changed since your divorce? Have you lost your job? Has your ex-spouse received a salary increase? Did your ex-spouse fail to disclose financial matters during the dissolution of marriage? Once your divorce is finalized, fortunately, not everything in your original separation agreement or parenting plan is set in stone. Courts recognize that circumstances change, and, sometimes, spouses hide income or assets during the divorce process. Depending on the exact circumstances of your case, you may have a variety of options post-decree. In the following sections, we explore your options in modifying maintenance, child support, parenting time, custody, and decision-making, as well as how you can reopen your property division.

Mediation and Arbitration

Mediation and arbitration are perfect options for anyone going through a divorce. Both options allow the partners to take more control in the divorce, as well as keep the process out of court. Not only does Divorce Matters represent clients through mediation and arbitration, but we also have a mediator on staff!

Domestic Violence

Domestic violence happens to people in all classes, statuses, and ranks in life, regardless of age, gender, race, religion, education, profession, or socioeconomic status. The unfortunate reality is that one in four women in the U.S. will experience domestic violence in their lifetime, resulting in an estimated 1.3 million women becoming victims of physical assault by an intimate partner each year.

Contempt of Court

After having gone through a divorce or once you have some orders from the court, you may at some point find yourself on either end of a contempt of court action if one of the parties is not complying with the orders. If you find yourself on either end of a contempt action, Divorce Matters is here to help!

Unbundled Legal Services

Unbundled legal services are the perfect solution for anyone not ready to jump into full-scale representation. With unbundled services, you can hire an attorney at their hourly rate to help you with specific aspects of your legal troubles, like filing paperwork or gathering documents!

Common-Law Marriage

The state of Colorado allows couples to enter into common law marriage. However, the parameters of common law marriage can be hazy and difficult to understand, just like common law divorce

Appeals

If your case falls under family law, we can help with your appeal!

Prenuptial Agreements

While there are a million things to plan when a couple decides to marry, often the most difficult to discuss with your future partner is the possible need for a prenuptial agreement. While this subject is not the most romantic or exciting part of wedding planning, a couple contemplating marriage in Colorado may need to consider entering into a prenuptial agreement, or a contract before marriage.

Military Divorce

To thank our Military service members, we even offer 10% off of legal fees! This discount is offered to all active and retired service members, veterans, and military spouses.

Thomas Legal Firm

While Divorce Matters only deals in family law, we do have a sister law firm that offers other services. Thomas Law Firm deals with Criminal matters as well as Civil Law matters, including general litigation, civil rights, workers’ compensation, and business defense litigation.

What is a Prenuptial Agreement?

Prenuptial agreements are often somewhat controversial because it can seem like a couple is preparing for a divorce before their marriage even begins. While a prenuptial agreement does not make divorce more likely, it does allow couples to decide their financial destiny if they were to get divorced. So what is a prenuptial agreement and what does it include?

What is a prenuptial agreement?

A prenuptial agreement, also called a prenup or a marital agreement, is a contract between two people who plan on getting married. This contract decides how they will handle finances, property division, alimony, etc. if they do get a divorce eventually.

Who should get a prenuptial agreement?

People often think that prenuptial agreements are for the extremely wealthy, however, there can be benefits to having a prenuptial agreement for just about any couple. If you have assets from before the marriage that you would like to protect, a prenuptial agreement is a perfect way to do so. Premarital assets can include anything you owned before the marriage, inheritances to your children from previous relationships, or business interests. Prenuptials can also be extremely helpful in the case of divorce because you have already decided ahead of time on the division of assets and even alimony!

What does a prenuptial agreement cover?

A prenuptial agreement can cover a variety of issues including:

  • Division of premarital assets
  • What marital property is and how to divide it
  • Division of employee benefits or retirement plans in the case of a divorce
  • How any debt, including mortgage debt, will be divided in the case of a divorce
  • What will happen to a life insurance policy in the case of a divorce
  • How property will be divided and managed
  • The amount of alimony paid and to whom

While a prenuptial agreement can cover all of the above topics, it CANNOT determine child custody. A judge will decide this if a divorce happens, based on the best interest of the child at that moment in time. The same goes for child support.

Is my prenuptial agreement amendable?

Yes! It is possible to change a prenuptial agreement, however, the amendment will need to be put in writing and signed by both parties. A prenuptial agreement can also be revoked in this manner.

It is also important to note that, during divorce proceedings, the judge has the ability to rule the prenuptial agreement “unconscionable”. This will only happen in extreme circumstances, like if one spouse would be left unable to support themselves if the prenuptial agreement was carried out as intended. This is very uncommon, even when the agreement is somewhat one-sided.

All in all, a prenuptial agreement is perfect for protecting any assets you may have had before your marriage or any assets your children may have! It is a great idea to protect yourself and your children, even if you can’t imagine yourself getting divorced!

To discuss getting a prenuptial agreement with an attorney, you can contact us here or give us a call at (720) 386-9176 

Navigating Your First Holiday Post-Divorce

Navigating your first holiday season after divorce can be stressful, especially if you and your ex share children. We have pulled together some tips for you to survive the holiday season, whether you have your kids for the holidays or not.  

If You Get to Spend the Holiday with Your Kids…  
  1. See the Holiday as a New Beginning: This is the beginning of a new chapter in you and your children’s lives, so treat it as such! Create new traditions for just you and kids to enjoy and make sure to keep the old traditions as well. The kids will enjoy the comfort of the old traditions and the excitement of the new ones!  
  2. Spend Extra Time with Your Kids: Make sure that your kids know they come first! Spend as much time as you can as a family over the holidays and enjoy the time you all have together.  
  3. Remember to Include Your Ex (Just a Little): Allow your children to talk to and about your ex over the holiday, even if you would prefer not to. It allows the children to see you as a unit and keeps both parents involved in their children’s lives, which is the best thing for the children.  
  4. Consider Celebrating the Holidays Together: This is not a feasible option for everyone. However, if you and your ex have been navigating co-parenting successfully this is a great opportunity to put the kids first and celebrate together.  

 

If You Don’t Get to Spend the Holiday with Your Kids…  
  1. Don’t Isolate Yourself: Be sure to surround yourself with love if you are without your children this year. It is important to enjoy the holiday with your friends and family and while it may be difficult to imagine the holiday without your kids, it is in your best interest to enjoy yourself and your time with family!  
  2. Keep Busy: Try not to focus on the negatives. The first holiday as a divorced couple can be difficult, but make sure to keep busy with activities you enjoy and people you love. 
  3. Take Care of Yourself: Allow yourself to enjoy the joy of the season and make sure to take care of yourself through the holidays. This means something different for everyone, but it is important to take “self-care” time whenever you can.  

Divorce Matters has a plethora of resources to help you navigate the holidays through divorce. Check out some of these resources below:

Surviving Divorce During the Holidays

Coping with Divorce During the Holidays

How to Handle the Holiday with Kids After Your Divorce

Surviving that First Post Holiday Divorce 

Holiday Gift Buying: Are you and your co-parent on the same page?

We Are a Best Lawyers “2022 Best Law Firm”!

Best Law Firm of the Year

Best Lawyers has a new award to honor law firms for their excellence, based on country and practice area. The award is based on various factors, including feedback from other lawyers, the size of a firm and the area that they cover, and research of the firm’s overall scope and area of practice.  

The Best Lawyers Methodology

The Best Lawyers methodology is meant to capture the consensus of leading lawyers about the abilities of their colleagues in the same geographical and legal practice area. The Best Lawyers survey is designed for attorneys to be able to give meaningful and substantial evaluations of quality legal services. Best Lawyers is purely peer review. All candidates are also double-checked through the bar association to make sure that they are in good standing with their local bar. 

Divorce Matters

We are so grateful to Best Lawyers and to all of the attorneys in our area for awarding us a “Best Law Firm 2022” and we are pleased that we continue to meet our goal of providing excellent legal services for each client that walks through our door. Our team at Divorce Matters has helped thousands of families across Colorado move past their divorce and on to a fresh start. Each divorce attorney at our firm is a part of a team with more than 100 years of combined legal experience, providing you with excellence in legal practice. We are committed to being strong, but compassionate, advocates for you. You can learn more about each of our amazing attorneys here.

Schedule an Initial Consultation

To schedule a consultation, visit our website!

Who Determines How Assets Are Divided During Divorce?

An important part of the divorce process in Colorado is figuring out how to divide marital property. The procedure generally involves two steps. First, it must be determined what the marital property is. Second, the marital property must be divided equitably. But who decides how the assets are divided?

What is ‘Marital Property?

First, it is important to define marital property. State law defines “marital property” as “all property acquired by either spouse subsequent to the marriage.” Anything that isn’t marital property is considered “separate property,” and will not be divided for property division in a divorce case. Separate property is generally defined as being anything acquired by either spouse prior to getting married. It also includes certain types of property acquired during the marriage that is excluded from the marital property definition, such as any property
  • Acquired by gift, bequest, devise, or descent
  • Acquired in exchange for property acquired before the marriage or in exchange for property acquired by gift, bequest, devise, or descent
  • Acquired by a spouse after a decree of legal separation
  • Excluded by valid agreement of the parties (e.g., by a prenuptial agreement)
The division of assets in a divorce case is almost always harder and more emotionally taxing than it initially might seem. This is especially true for high-net-worth couples and couples who either jointly own a business or have complex business interests that are difficult to quantify monetarily. Unfortunately, it is also not uncommon for a spouse in a contentious divorce to either hide or undervalue assets, which can require a long and drawn-out divorce process.

Equitable Division

Once marital property has been identified and valued, it is then subject to equitable division, if the couple has not already divided the marital property amongst themselves! If the couple has decided not to divide the property themselves, the court and the judge will then decide how to divide the assets equitably. The word “equitably” in the context of divorce property division means that marital property must be divided fairly, but not necessarily 50-50. By law, a judge that is presiding over the dissolution of marriage case in Colorado is required to consider a variety of factors in making sure that the marital property is divided in this way. Those factors are the contribution of each spouse during the marriage; the value of the property set apart to each spouse; the economic circumstances of each spouse at the time the marriage terminates; and any increases or decreases in the value of the separate property of either spouse during the marriage.

Who Decides?

As mentioned above, there are two parties that can decide how assets are divided. If the couple is on good terms or is going through mediation, it is possible that the couple can divide their assets amongst themselves. This is ideal, as it allows for each person to get what they want in a way that they deem fair. It also allows for a more streamlined divorce process with less court time necessary. However, this is not always possible in a contentious divorce. If it is not possible in your divorce, the court and the judge will be the ones who divide up the assets. The judge will divide the assets in a way that they deem equitable, not necessarily fair.

Marital Debt

It warrants mentioning here that any debt that was acquired during a marriage in Colorado becomes part of the equitable division equation during a divorce. In other words, a divorce court is empowered to allocate debt in a way that’s fair under the circumstances. A common misconception is that debt that’s been acquired in only one spouse’s name during the marriage is automatically classified as separate property and thus not subject to division. That isn’t necessarily true, and in fact, most debts acquired by either spouse during a marriage will be deemed marital property and divided accordingly.

Contact Divorce Matters® Today

The team at Divorce Matters® has helped thousands of clients and counting navigate the Colorado divorce process and get a fresh start in life. We are compassionate and experienced advocates who focus exclusively on family legal matters, including but not limited to equitable divorce property division, spousal maintenance (alimony), child custody and support, prenuptial agreements, collaborative divorce, appeals, and more. To schedule a consultation, either call Divorce Matters® at 720-679-7881 or complete this convenient online form.

Can My Spouse Sell All of Our Assets Before the Divorce is Finalized?

One of the most searched questions on our website is “Can my husband sell our assets before the divorce?” The short answer is yes, your spouse can sell all your assets before the divorce is filed. There is nothing that specifically prevents them from doing so.

Despite the selling of your assets before the divorce being technically allowed, there are some things to take into account if your spouse is selling off your assets. Any proceeds from such sales would be considered marital property and would be divisible in the divorce process. The court may also penalize the selling party if the court finds foul play. Foul play could be defined as trying to hide or reduce the value of assets so that they are not discovered in the divorce process. The Court will also look to determine whether the property was sold for fair market value. If the items were sold for less than fair market value, then the court may impose additional value on the sale for a more equitable distribution of the marital assets throughout the divorce process.

Everything we’ve discussed so far refers to pre-divorce sales of assets. But the situation changes if the Petition for the Dissolution of Marriage has already been filed. Once the Petition for the Dissolution of Marriage has been filed, there is an injunction, or block, in place which prohibits the sale (or disposal) of marital assets. If one party violates the injunction and sells marital property, they may be found in contempt of court and penalties can be assessed against them by the court. In this case, there is an exception if the assets are sold or disposed of in normal business dealings.

The sale of real estate is also (generally) preventable after the filing of the Petition for the Dissolution of Marriage. This is because title companies often perform a search of the owner’s names and, if they determine that a Dissolution of Marriage is in progress, will typically refuse to sell the property without the other party’s consent. This is true for properties in one or both of the parties’ names. Even if you have not yet filed for divorce, you may be able to contact the title company and halt the sale. Most title companies do not want the liability of a court battle and will therefore most likely halt the sale. One may find the name of the title company by contacting the seller’s realtor. Any other property titled in both people’s names, like cars or other vehicles, will need both signatures for sale.

It is important to keep in mind that the reason for sale may also play a role in how the court handles the selling of assets. A seller needing to sell an item to obtain money to live is much different than a seller simply selling an item to spite their spouse.

Overall, most large items will not be able to be sold without both people signing the documents. As for smaller items, they can be sold, however, their proceeds will still be considered marital property and will be divided accordingly. It is also important to note that selling assets may make your spouse look unfavorable and unethical to the court.

Holiday Gift Buying: Are you and your co-parent on the same page?

Holiday gift buying can be difficult if you don’t know what your co-parent will be buying your children. To stop the stress, it’s best to be on the same page well before the holidays. There are a few different steps to take when getting on the same page.

  1. Coordinate Gifts: This is the best way to make sure that there are no double purchases! If your child is giving the same list to both parents , it’s likely that there could be duplicate gifts. This can be entirely avoided by one simple step: dividing your child’s list between the two of you. Not only will this ensure that there are no duplicate presents, but it will also ensure that gift buying is “fair” amongst both parents.
  2. Coordinate Your Budget: Coordinating your budget is equally as important as coordinating which gifts you will buy. Coordinating your budget to be fairly equally between parents will ensure that there can be no competition when buying gifts. Additionally, it sets a limit for what is appropriate for your child and allows each parent to be on the same page with the other.
  3. Try Not to Undermine the Other Parent: If one parent would like to buy the child a present that the other parent does not find appropriate, try to come up with a solution that works for both of you. It’s best to have an honest and adult discussion on what is best for your child.
  4. Put Your Children First: This is the final and most important step! The holidays are the perfect time to enjoy the simple childhood joy of gift-giving and receiving. Put your children first in everything that you do and you and you co-parent will have a wonderful holiday season, together, with your children!

When Should I File For Emergency Child Custody?

Child custody can be a tough subject to discuss and it can be even harder if you believe your child might actually be in danger. So what should you do if you think that your child is in danger when spending time with their other parent? One option is to file for Emergency Child Custody.

What is Emergency Child Custody?

Emergency Child Custody is essentially a Motion to Restrict Parenting Time. And what is a Motion to restrict Parenting Time?  This motion indicates to the court that one of the parents of the child would like to restrict the parenting time of the other parent based on the child being endangered. It is a motion filed with the court which requires the court to rule on it within 14 days of filing. During those 14 days, the courts will appoint a third party to supervise any parenting time until the motion has been ruled on.

Which Factors Should I Consider Before Filing for Emergency Child Custody?

There are three things you should consider before filing for Emergency Child Custody.

  1. Is it an emergency?
  2. Is your child in immediate danger?
  3. Does evidence of child endangerment exist?

Making sure that the answer to all of these questions is a resounding “yes” will ensure that you will be able to get Emergency Child Custody. It is important to note that your child’s other parent does not have to be the person who is endangering your child. If the endangerment to your child comes from someone who is around your child because of your child’s other parent, then this does count as child endangerment on behalf of our child’s other parent.

What If My Child Needs Out Faster than 14 Days?

If you believe that your child is in immediate danger, you always have the option to call Child Protective Services. Calling CPS is the most serious action you can take and will get you the most immediate response. CPS will interview both parents, witnesses, and the children and may tour each parent’s house and environment. They will then make certain findings without initiating an action within the court, meaning CPS is a quasi-adjudicatory body. They may also initiate an action through the courts called a “Dependency and Neglect” action in the more severe cases of abuse and/or neglect and may remove the child from the unsafe environment. It is important to note, calling CPS on the other parent also brings in CPS to investigate you and make decisions in the best interest of your child. While you may have nothing to worry about in terms of your parenting, by inviting CPS into your child’s life, you are also going to be held to certain standards and possibly made to comply with certain requirements under a safety plan issued by the department or the courts (or both in conjunction)

No matter what you decide to do, just know that your child is what matters most and you should act in their best interest at all times.  The court will do the same and make rulings on what is best for your child, after taking in all of the evidence and the facts. To schedule an initial consultation with an attorney to discuss the steps you would like to take to obtain Emergency Child Custody, click here.

5 Myths about Child Custody and Support

  1. Mothers always get custody of the kids

False! The court will always choose what is in the best interest of the child. The court will examine all of the evidence, with their only goal being to make a decision that is best for your child, whether that be the father having custody, the mother having custody, neither having custody, or both having custody!

2. If we have joint custody, I won’t have to pay child support

True and False! The way that the court determines child support is based on a statutory calculation that takes into account each parent’s income, how much time each parent has custody of the children, and the children’s expenses, like clothes, insurance, school costs, etc. To calculate what you may pay in child support (or spousal maintenance), you can use Divorce Matter’s Child Support Calculation App! If you have joint custody and you already do pay for a portion of the child’s monthly expenses when they live at your house, you may already pay enough and do not need to pay any additional money in child support!

  1. I can deny visitation if my ex does not pay child support

False! Visitation is a separate issue from child support and therefore if visitation rights are outlined in the parenting agreement, those rights cannot be withheld based on failure to pay child support. It is important to follow the parenting agreement exactly as written, otherwise, you may get in trouble with the court as well! The best course of action is to speak with your attorney about notifying the court that your ex is not paying the proper child support. The court will then decide what action is best to take and you will remain free and clear of any trouble!

  1. The kids get to choose which parent they live with

False! As mentioned above, the court takes only one thing into account when deciding who should receive custody of the children: the best interest of the children. That means that the judge will take into account many of the different factors that affect this, including the wishes of the children. However, this isn’t the only factor the judge will consider so while this is taken into account it is not necessarily how the judge will rule.

  1. My ex can move out of state with the kids without my consent

False! While it is true that your ex can move your kids out of state without asking you before you file, once the paperwork has been filed for separation or for a parenting agreement, there will be an injunction placed on moving the children. This means that, regardless of permission, the children will need to stay exactly where they are!