Child Custody

Protect What Matters Most with a Denver Child Custody Attorney

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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When you’re going through a divorce or separation involving children, the stakes couldn’t be higher. Your child’s stability, emotional wellbeing, and future are at the heart of everything – and ensuring you have a compassionate, skilled legal team by your side makes all the difference. As a Colorado-based law firm focused exclusively on family law, Divorce Matters® has helped thousands of parents across the state navigate the complexities of child custody. If you’re searching for a Denver child custody attorney, you’ll find a trusted team of lawyers and support staff at Divorce Matters®.

We offer local knowledge, proven results, and a deep commitment to protecting families like yours. At Divorce Matters®, our experienced team of family law professionals is here to stand with you every step of the way. We provide clarity in a time of confusion and fight for custody solutions that protect what matters most – your children.

What Child Custody Really Means in Colorado

In Colorado, the courts no longer use the term “custody” as a legal definition – instead, it falls under “allocation of parental responsibilities.” But for most parents, the concern remains the same: who makes the important decisions about their child’s life, and how will parenting time be divided?

Parental responsibilities are divided into two key categories: decision-making and parenting time. Decision-making covers big-picture issues like schooling, healthcare, and religion. Parenting time refers to the day-to-day schedule and physical time each parent spends with the child. When you work with a Denver child custody attorney at Divorce Matters®, you gain a strong legal partner who understands how Colorado courts interpret and apply these principles – and who knows how to position your case in a way that aligns with your child’s best interests.

The court’s goal is always to support the child’s welfare above all else. This includes evaluating the relationship between parent and child, each parent’s ability to provide a stable home, the emotional ties between all parties, and how well the child is already adjusted to their school and community. Having a lawyer who understands both the law and the emotional nuance of custody cases is essential – and that’s where Divorce Matters® excels.

The Divorce Matters® Approach to Child Custody

Our concentrated family law experience allows us to approach your custody case with a level of depth and attention that general law firms can’t offer. There is no “one-size-fits-all” custody arrangement. Every family is different. Every child is unique. And the outcome of your case will shape your future.

When you partner with a Divorce Matters® Denver child custody attorney, you will receive personalized legal guidance built around your goals, concerns, and family dynamics. Whether you’re looking to negotiate a cooperative parenting agreement or preparing for a contentious custody battle, we’re prepared to help you navigate every possibility.

Father embracing his baby daughter near a mountainside

We begin by listening to your story: What matters most to you? What are your worries? What kind of future do you envision for your children? Once we understand your situation, we craft a strategy designed to support it with evidence, clarity, and determination. If you and your co-parent are in agreement, we work to formalize your parenting plan in a way that satisfies legal standards and provides long-term stability. If you’re in conflict, we advocate assertively for your parental rights in court.

Local Knowledge That Gives You an Advantage

Many parents underestimate the importance of working with a Denver child custody attorney who is familiar with local judges, county procedures, and regional expectations. Every courthouse has its own pace, culture, and priorities. At Divorce Matters®, our attorneys appear regularly in family courts across Colorado and understand how to navigate these differences.

This local advantage means faster response times, fewer procedural missteps, and more predictable outcomes. It also means we can connect you with additional local resources – therapists, parenting coordinators, financial advisors, and more – that can make a difficult time more manageable.

We believe your legal team should not only understand the law, but also understand your life – your community, your challenges, and your values. When you work with a Denver child custody attorney, you’re choosing someone who is accessible, invested, and ready to go the distance for you and your family.

Complex Custody Issues? We've Got You Covered.

While some custody cases can be resolved amicably, others involve serious challenges such as relocation requests, suspected abuse or neglect, high-conflict co-parents, or major disagreements about what’s best for the child. At Divorce Matters®, we are prepared to handle even the most complex custody cases with precision and care.

For example, if your co-parent intends to move out of state with your child, the court must assess whether this relocation supports the child’s best interests. These cases can become highly emotional and require detailed legal preparation. Our attorneys have extensive experience in presenting compelling arguments and protecting parental rights in situations involving major life changes.

We also handle post-decree custody modifications, helping parents revisit and revise custody orders when circumstances change – such as a parent’s work schedule, health issues, or concerns about the child’s safety. If you’re unsure whether your situation qualifies for modification, speak with a Denver child custody attorney at Divorce Matters®. We’ll evaluate your case and help you understand your options.

Support Beyond the Courtroom

Child custody isn’t just about court orders – it’s about building a sustainable co-parenting relationship that serves your child’s needs long-term. Our role as your legal advocate doesn’t end with a final order. We continue to support our clients through transitions, helping resolve disagreements, enforce parenting plans, and maintain a peaceful path forward.

Speak With a Denver Child Custody Attorney Today

If you’re facing child custody concerns in Colorado, you don’t have to navigate them alone. The attorneys at Divorce Matters® are here to help you protect your rights and secure a parenting arrangement that supports your child’s well-being.

Child custody between two parents

Reach out to schedule a confidential consultation with a Denver child custody attorney. Whether you’re in the early stages of a custody dispute or seeking to modify an existing order, our team is ready to listen, guide, and advocate for what matters most – your child.

Let us help you build a better future. Contact Divorce Matters® today.

Searching for a Child Custody Attorney Near You?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

Best Family Custody Lawyer

Searching for the Best Family Custody Lawyer in Colorado?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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What clients are saying

Awards and Accomplishments

American Institute of Legal Counsel

The American Institute of Legal Counsel compiles an exclusive list of the “10 Best” Attorneys for each State. This is a prestigious honor for the Attorney as each Attorney must:

  • Be formally nominated by the Institute, client, and/or fellow Attorney;
  • Have attained the highest degree of professional achievement in his or her field of law; and
  • Having done so with an impeccable Client Satisfaction rating.

The National Advocates: Top 40 under 40

Top 40 under 40 are national, interconnected invitation-only professional honorary, networking, educational and leadership organizations composed of top attorneys from each state or region who take pride in guiding and representing individuals and families that need an advocate on their side in the American legal system. The National Advocates: Top 40 under 40 exemplify superior qualifications of leadership, reputation, influence and performance in their area of specialty.

BBB

Accredited by the Better Business Bureau

Avvo 10 Rating

Avvo’s rating is calculated using information the lawyer has included on their profile in addition to the information they collect from state bar associations and other organizations that license legal professionals.

National Academy of Family Law Attorneys

The National Academy of Family Law Attorneys is an organization devoted to recognizing the top family law attorneys in the nation. With over a million attorneys in the United States, choosing the best lawyer is difficult. However, through a stringent selection process, the NAFLA awards the best family law attorneys in each state with our most prestigious honor of being named “TOP 10”. The very few attorneys (less than 1%) that are good enough to make our list have demonstrated an extraordinary amount of knowledge, skill, experience, expertise and success in their practice of family law.

2020 Colorado Rising Stars List

We are proud to announce the selection of four of our attorneys, William Smith, Kathlyn Laraway, Ashley Balicki and David Kalisek, to the 2020 Colorado Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of attorneys in Colorado. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

2020 Super Lawyers List

We are proud to announce the selection of managing partner, Douglas Thomas to the 2020 Colorado Super Lawyers list. This is an exclusive list, recognizing no more than 5 percent of attorneys in Colorado. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

The National Association of Distinguished Counsel

The National Association of Distinguished Counsel is an organization dedicated to promoting the highest standards of legal excellence. By virtue of the incredible selectivity of our research process, only the elite few are invited to join the ranks of the NADC. Specifically, less than 1% of practicing attorneys in the United States are members of the “Nation’s Top Attorneys”.

Expertise – Best Child Support Lawyers in Denver

Expertise’s goal is to connect people with the best local experts. They score Denver Child Support Lawyers on more than 25 variables across five categories, and analyzed the results to give you a hand-picked list of the best.

American Institute of Legal Counsel

The American Institute of Legal Counsel compiles an exclusive list of the “10 Best” Attorneys for each State. This is a prestigious honor for the Attorney as each Attorney must:

  • Be formally nominated by the Institute, client, and/or fellow Attorney;
  • Have attained the highest degree of professional achievement in his or her field of law; and
  • Having done so with an impeccable Client Satisfaction rating.

The National Advocates: Top 40 under 40

Top 40 under 40 are national, interconnected invitation-only professional honorary, networking, educational and leadership organizations composed of top attorneys from each state or region who take pride in guiding and representing individuals and families that need an advocate on their side in the American legal system. The National Advocates: Top 40 under 40 exemplify superior qualifications of leadership, reputation, influence and performance in their area of specialty.

BBB

Accredited by the Better Business Bureau

Avvo 10 Rating

Avvo’s rating is calculated using information the lawyer has included on their profile in addition to the information they collect from state bar associations and other organizations that license legal professionals.

National Academy of Family Law Attorneys

The National Academy of Family Law Attorneys is an organization devoted to recognizing the top family law attorneys in the nation. With over a million attorneys in the United States, choosing the best lawyer is difficult. However, through a stringent selection process, the NAFLA awards the best family law attorneys in each state with our most prestigious honor of being named “TOP 10”. The very few attorneys (less than 1%) that are good enough to make our list have demonstrated an extraordinary amount of knowledge, skill, experience, expertise and success in their practice of family law.

2020 Colorado Rising Stars List

We are proud to announce the selection of four of our attorneys, William Smith, Kathlyn Laraway, Ashley Balicki and David Kalisek, to the 2020 Colorado Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of attorneys in Colorado. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

2020 Super Lawyers List

We are proud to announce the selection of managing partner, Douglas Thomas to the 2020 Colorado Super Lawyers list. This is an exclusive list, recognizing no more than 5 percent of attorneys in Colorado. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

The National Association of Distinguished Counsel

The National Association of Distinguished Counsel is an organization dedicated to promoting the highest standards of legal excellence. By virtue of the incredible selectivity of our research process, only the elite few are invited to join the ranks of the NADC. Specifically, less than 1% of practicing attorneys in the United States are members of the “Nation’s Top Attorneys”.

Expertise – Best Child Support Lawyers in Denver

Expertise’s goal is to connect people with the best local experts. They score Denver Child Support Lawyers on more than 25 variables across five categories, and analyzed the results to give you a hand-picked list of the best.

American Institute of Legal Counsel

The American Institute of Legal Counsel compiles an exclusive list of the “10 Best” Attorneys for each State. This is a prestigious honor for the Attorney as each Attorney must:

  • Be formally nominated by the Institute, client, and/or fellow Attorney;
  • Have attained the highest degree of professional achievement in his or her field of law; and
  • Having done so with an impeccable Client Satisfaction rating.

The National Advocates: Top 40 under 40

Top 40 under 40 are national, interconnected invitation-only professional honorary, networking, educational and leadership organizations composed of top attorneys from each state or region who take pride in guiding and representing individuals and families that need an advocate on their side in the American legal system. The National Advocates: Top 40 under 40 exemplify superior qualifications of leadership, reputation, influence and performance in their area of specialty.

BBB

Accredited by the Better Business Bureau

Avvo 10 Rating

Avvo’s rating is calculated using information the lawyer has included on their profile in addition to the information they collect from state bar associations and other organizations that license legal professionals.

National Academy of Family Law Attorneys

The National Academy of Family Law Attorneys is an organization devoted to recognizing the top family law attorneys in the nation. With over a million attorneys in the United States, choosing the best lawyer is difficult. However, through a stringent selection process, the NAFLA awards the best family law attorneys in each state with our most prestigious honor of being named “TOP 10”. The very few attorneys (less than 1%) that are good enough to make our list have demonstrated an extraordinary amount of knowledge, skill, experience, expertise and success in their practice of family law.

2020 Colorado Rising Stars List

We are proud to announce the selection of four of our attorneys, William Smith, Kathlyn Laraway, Ashley Balicki and David Kalisek, to the 2020 Colorado Rising Stars list. This is an exclusive list, recognizing no more than 2.5 percent of attorneys in Colorado. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

2020 Super Lawyers List

We are proud to announce the selection of managing partner, Douglas Thomas to the 2020 Colorado Super Lawyers list. This is an exclusive list, recognizing no more than 5 percent of attorneys in Colorado. Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.

The National Association of Distinguished Counsel

The National Association of Distinguished Counsel is an organization dedicated to promoting the highest standards of legal excellence. By virtue of the incredible selectivity of our research process, only the elite few are invited to join the ranks of the NADC. Specifically, less than 1% of practicing attorneys in the United States are members of the “Nation’s Top Attorneys”.

Expertise – Best Child Support Lawyers in Denver

Expertise’s goal is to connect people with the best local experts. They score Denver Child Support Lawyers on more than 25 variables across five categories, and analyzed the results to give you a hand-picked list of the best.

We bring a human approach to legal services.

Navigating the complexities of divorce in Colorado can be challenging, but At Divorce Matters®, our empathetic and experienced team of family law attorneys is dedicated to making the process as smooth and simple as possible. Here's what you can expect when you choose the best divorce lawyer team in Colorado:

We genuinely care for you and your well-being

We genuinely care for you and your well-being. We understand the emotional toll that divorce can take – your well-being is our top priority. Our team of divorce lawyers is committed to providing personalized support and guidance throughout the entire process.

Unmatched expertise in family law

When it comes to divorce, no one knows the intricacies and nuances better than Divorce Matters®. Our top divorce attorneys specialize in family law, making them well-equipped to handle even the most complex cases and unique situations.

Over a century of collective experience

You can trust that your case will be handled with the utmost professionalism and expertise. Our collective 100+ years of experience ensures that we have the knowledge and skills necessary to achieve favorable outcomes for our clients.

Strong core values

The best divorce lawyer embodies a strong set of values that guides their practice, which is what you can expect from Divorce Matters®. Our team has the integrity, tenacity, compassion, and excellence needed to ensure you receive the highest level of legal representation and unwavering support.

When you choose Divorce Matters® and hire the best divorce lawyer possible, you can expect expert legal counsel tailored to your needs. Every divorce is unique, and our skilled team is dedicated to providing personalized solutions. Let us be your trusted partner during this challenging time. To learn more about how Divorce Matters can assist you, please contact us to schedule your consultation.

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Emily F. Ahnell

Partner and Managing Attorney

I began my practice after noticing a need for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Court.

I began my family law practice after noticing a need in the community for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Federal and State Courts.

Professional and Community Associations

• Colorado Bar Association
• Denver Bar Association
• Colorado Defense Lawyers Association
• Habitat for Humanity, Volunteer

Public & Speaking Engagements

Denver University Law Review, Staff Editor 2001-2002, General Editor 2002-2003

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 2003
•B.A., University of Alabama, 1998 (Member of the Women’s Soccer Team)

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Serving a location near you

Divorce Matters® offers three convenient office locations throughout Colorado in the Denver Tech Center, Fort Collins, and Colorado Springs. Though our attorneys are at these locations, they represent clients across Colorado, especially along the Front Range.

Custody

What is Custody?

Custody has been replaced with the term “parental responsibilities,” which encompasses both parenting time and decision-making.

Related Articles and Videos

Colorado Child Custody Laws

What You Need to Know About Child Custody Colorado Laws

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

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Overview

Divorce cases involving children almost always require difficult, and even painful, negotiations over child custody. The same can be said of non-married parents who decide to separate, which raises the sensitive question of how custody will be allocated.

It is highly advantageous for a divorcing parent to be represented by a lawyer well-versed in child custody Colorado law and experienced in helping clients navigate custody negotiations. The legal team at Divorce Matters® has successfully handled thousands of dissolutions of marriage cases in Colorado that have involved complex issues, from child custody to parental decision-making authority, to parental relocation and beyond. Every child custody attorney at Divorce Matters® is a seasoned legal advocate who is committed to helping each client work toward the best solution for themselves and their family.

It is important for divorcing parents to understand that when it comes to child custody, Colorado laws do not use the terms “joint custody” or “sole custody.” Instead, Colorado’s family law courts speak in terms of parental responsibility, which is broken down into the following two components:

Parenting Time

  • “Parenting time” is a term that Colorado courts use to refer to the amount of time a child spends with one parent or the other. It includes the number of overnight stays, as well as vacation and holiday time.

    A Colorado divorce court judge is required by state law to approve a parenting schedule that is in the “best interests of the child” (see, Colo. Rev. Stat. § 14-10-124). In doing so, the judge must consider the following factors:

    • The wishes of the parents
    • The wishes of the child, if they are old enough
    • The child’s relationship with each parent
    • How well the child is adjusted to their home, school, and community
    • The mental and physical health of all parties involved
    • The ability of each parent to encourage love, affection, and contact with their co-parent
    • The parents’ past involvement in their child’s life
    • Where each of the parents lives
    • The ability of each parent to put the child’s needs ahead of their own

    As every lawyer will tell you: when it comes to child custody, Colorado law recognizes that it is generally in every child’s best interest to have frequent contact with both parents and to have both parents actively engaged in their child’s upbringing. It is also important to note that, in Colorado, neither mothers nor fathers enter custody negotiations a step ahead of the other. Colorado law requires that parenting time and decision-making responsibilities be determined based on who is best able to serve the needs of the child, not the gender of the parent.

Decision-Making

Another component of parental responsibility relating to child custody Colorado laws is formally called the “allocation of decision-making responsibility.” This is more commonly known as legal custody. “Decision-making” refers to a parent’s authority to make fundamental decisions about their child’s welfare. This decision-making authority includes the right to make major decisions, such as where the child will attend school and what extracurricular activities the child will participate in. Smaller everyday decisions generally are not included in this authority, meaning both parents can make these decisions when the child is in their care.

A divorce custody lawyer who is attempting to help a client obtain decision-making authority will argue that, similar to parenting time above, their client making such decisions will be in the best interests of the child.

Whether two parents will be able to share decision-making authority generally boils down to their ability to do the following:

  • Cooperate and constructively make joint decisions
  • Demonstrate a willingness to maintain a mutually supportive environment
  • Collaboratively provide a positive and nourishing relationship with the child
  • Encourage the child to have a positive relationship with both parents

A critical thing to bear in mind about child custody in Colorado is that parenting time (physical custody) and decision-making authority (legal custody) are separate matters that a judge will decide on separately. For example, a judge might conclude that a child is best served by living primarily at one home while giving both parents equal decision-making authority.

Searching for the Best Divorce Lawyer in Colorado?

Divorce Matters® has the experience and resources needed to handle any and all of your family and divorce law issues – learn more by booking a consultation today.

Why Choose Divorce Matters®?

The child custody Colorado attorneys at Divorce Matters® are exceptionally well-versed in child custody laws and have a long track record of zealously representing clients in child custody cases. We handle all manner of child custody cases, from relatively straightforward cases to far more challenging cases involving the following issues:

Contested Custody

A contested child custody Colorado case is one in which the parents are unable to come up with a custody agreement on their own. In this scenario, the court must intervene and make the child custody decisions for them. Contested child custody litigation should always be pursued as a last resort, as it can quickly become drawn-out and expensive.

Relocation

It isn’t uncommon for a parent to want to leave Colorado after divorcing. You should inform your attorney and judge of this intention and the reason why you will be moving. The divorce court judge will take this reasoning, location of your move, and remaining details in your child custody case and allocate parental responsibilities accordingly, centered around the child’s best interests.

Domestic Violence

Colorado courts are required to consider whether a divorcing parent has engaged in domestic violence when determining parenting time and decision-making authority. This is, however, only one factor among many, and courts are generally reluctant to grant zero parenting time to a father or mother for any reason. Again, the court will make its decisions based on the best interest of the child, not the best interest of either parent.

Order Modifications

At Divorce Matters, our child custody lawyers frequently represent parents who desire to have their child custody order modified. Parents most commonly request this when there has been a change in circumstances and modifying the order is in the best interests of the child. Our seasoned child custody attorneys can assist you through the process of filing for any changes you think might be necessary.

Contact Divorce Matters® Today

Child custody is a highly emotional issue in many cases. If you’d like to speak with a local family law attorney about your legal options as they relate to child custody or any other divorce-related topic, then you can contact us at Divorce Matters® by calling us at 720-542-6142 or filling out our online form.

Am I really required to take a parenting class before custody is decided?

Under Colorado law, if a couple getting divorced has kids, they will generally be required to take a one-time parenting class. This class lasts about four hours and costs roughly $60. In most cases, the divorce and child custody decisions will not be finalized until the class has been taken by both spouses.

Can I take my kids out-of-state while my case is pending?

When a divorce is pending, Colorado law prohibits either spouse from taking the children out of state unless they have either the permission of the other spouse, or the permission of the court.

If I get custody, can I choose where my kids go to school?

It depends on if you were awarded sole decision-making responsibilities or not. In Colorado, “decision-making” refers to the authority to make decisions on the child’s behalf. If you have joint decision-making responsibilities, all decisions must be made together with your ex-spouse. However, if you have sole decision-making responsibilities, then you can choose where your kids go to school without permission from your ex-spouse.

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Bringing a Human Approach to Legal Services

Douglas A. Thomas

Founding Partner

As founder of Divorce Matters®, my team of attorneys works with families in Colorado to help them achieve optimal outcomes in the highly emotional, individual, and sensitive area of family law, particularly divorce, child custody, and child support.

Professional and Community Associations

• Colorado Bar Association
• Arapahoe County Bar Association
• Colorado Defense Lawyers Association
• Defense Research Institute ”“ Member

Public & Speaking Engagements

Mr. Thomas has been a frequent speaker at the Colorado Defense Lawyers Association and numerous Continuing Legal Education seminars.

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 1993
• B.A., New Mexico Highlands University, magna cum laude, 1989

Emily F. Ahnell

Partner and Managing Attorney

I began my practice after noticing a need for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Court.

I began my family law practice after noticing a need in the community for unbundled legal services. In addition to family law, I also defend employers and insurance carriers before administrative agencies and in civil litigation matters in Federal and State Courts.

Professional and Community Associations

• Colorado Bar Association
• Denver Bar Association
• Colorado Defense Lawyers Association
• Habitat for Humanity, Volunteer

Public & Speaking Engagements

Denver University Law Review, Staff Editor 2001-2002, General Editor 2002-2003

Bar Admissions

• Colorado
• U.S. District Court, Colorado

Education

• J.D., University of Denver, 2003
•B.A., University of Alabama, 1998 (Member of the Women’s Soccer Team)

Justin J. Oliver

Lead Attorney

As an attorney, I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter. From representing clients in divorces, custody disputes, protection order hearings, child and spousal support conflicts, parentage issues, and many other issues surrounding and concerning families here in Colorado, myself and the Divorce Matters® team are here for you.

I care about my clients and alleviating the problems they bring to me and ensure they receive nothing less than top-notch from when we first meet to the conclusion of their legal matter.

Professional and Community Associations

• Member, Colorado Bar Association
• Member, Larimer County Bar Association

Bar Admissions

• Colorado

Education

•J.D., Drake University Law School, 2014
• B.A., Sociology, Western State Colorado University, 2011

Can Cheating Affect My Divorce?

Adultery (known as cheating, in more modern terms) is a word you often hear connected to divorce. But what does cheating really mean for your Colorado divorce case? Can it hurt you while you are divorcing?

No Fault Divorce

Colorado is a no fault divorce state, meaning that couples seeking a divorce don’t have to show a reason for their divorce. In Colorado, a divorcing couple simply has to state that their marriage is “irretrievably broken”. Because of this, Colorado law specifically notes that adultery is not a legally recognized reason for divorce.

On the other side of the coin, in states that do require grounds for divorce, adultery is considered a legitimate reason to get divorced. In some states, adultery can even affect the amount of alimony given out, especially if the spouse requesting the alimony is the one who committed adultery.

Can Adultery Affect Alimony?

The short answer is no. A judge in Colorado will consider a laundry list of factors when deciding on how much alimony is appropriate, including:

the financial resources of each spouse

the couple’s lifestyle and spending habits during marriage

the education, employability, and earning capacity of each spouse

the marriage length

the age and heath of each spouse, including any special healthcare needs

non-monetary contributions to the marriage, like child care

any other factors that are relevant

Notice that this list does not include adultery. That is because Colorado judges actually cannot consider adultery, or ay other misconduct, when making alimony decisions.

Can Adultery Affect Child Custody

As with alimony, adultery will not affect the court’s child custody decision. The child’s best interests are the most important thing to take into consideration, not the parents’ fidelity.

If you would like to schedule and initial consultation and discuss the effects of adultery with one of our highly experienced divorce attorneys, visit our website!

Co-Parenting During School Vacations

Co-parenting is difficult enough, but when it comes to school vacations, even more difficulties can arise. With spring break well on it’s way, now is a perfect time to discuss a few tips for co-parenting during your kids’ breaks from school!

 It’s Never Too Early

One of the most important parts of co-parenting is to communicate early and often! The best way to avoid arguments and confrontation between co-parents is to ensure that plans are communicated clearly and, just to be safe, multiple times. Planning in advance can also help with appropriate communication. If the plans are set in stone ahead of time, it leaves plenty of time for co-parents to discuss the plans and approve them!

Put it in the Parenting Plan

The best way to avoid conflict among co-parents is to leave everything up to the parenting plan! If your parenting plan defines which parent gets which vacations, it will be easy to decide where your kids’ go when they’re off school. Because the parenting plan is decided ahead of time, it also makes it easy to refer to when planning vacations. Ideally, parents can then plan their vacations to coincide with the school vacations they will be spending with their kids!

How to Split School Vacations

There are a few different ways that co-parents can split school vacation days amongst themselves. One way to do this is to give each parent an equal amount of holidays. For example, one parent would get Winter break and one would get Thanksgiving break! Another way to do it is to split each holiday exactly in half. If Winter break works out to be 14 days, then each parent would have 7 days of time with the kids. One more way to split holidays is to not split them at all! Co-parents and their children can spend time together over school breaks as opposed to splitting the breaks. Each family is different and what works best for one family will not work best for another. Do what works best for you, your co-parent, and your children!

Kids First

It is important to always remember that the kids come first. Everything should be done with the kids’ best interest at heart!

Can I Take My Child on Vacation If I Have Joint Custody?

When it comes to taking your child on vacation, it can be difficult to determine what is right and wrong when you have joint custody. While you want to have fun with your child, you don’t want to step on any toes!

In most cases, the best way to determine what’s okay is to look to your court ordered parenting agreement. Parenting agreements will often set forth some rules around taking your kids on vacation. If it is during your parenting time, there likely won’t be any issues with taking your child on vacation! However, if you would like to take your child on vacation during a time you would not usually have them, things may be a little more complicated. your ex legally has rights to your child during that time, so it would be very important to get permission from your ex to have your children during this time period. It may be a good idea to get their permission in writing, just in case you encounter any issues.

There may be some parameters set forth in the parenting agreement regarding vacations, for example, letting your ex know if your will be taking your child out of the country. It may also be a good idea to provide your ex with an itinerary, so they know what dates you will be gone! An important thing to remember is to treat your ex how you would want to be treated. If you would want to know when your children go on vacation, extend your ex the same courtesy!

In the end, the most important thing to remember is to follow the parenting plan. That should be your guideline for any and everything involving custody issues! When in doubt, check the parenting agreement!

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.

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!