I’m Worried My Ex May Have COVID-19, Do I Have To Send My Child To Them For Their Regularly Scheduled Parenting Time?

Following a divorce or separation, the reality for many children becomes a shuffling of back-and-forth between each parent’s home based on a court-ordered parenting time schedule. But what happens if one parent, or someone that parent came in contact with, becomes infected with the COVID-19? What if the other parent lives in a different state? Is self-quarantine reason enough to fail to comply with court-ordered parenting time?

Failure to comply with court-ordered parenting time always poses a risk of contempt for parents, meaning that one parent could seek criminal and civil sanctions against the non-complying parent along with enforcement of the parenting plan. However, one of the key defenses to a contempt charge is the present inability to comply with court orders. Events such as school closures, flights canceling, and travel bans can all (arguably) impact a parent’s present ability to comply with court orders.

Because this coronavirus is so novel, there are no clear answers to when one parent may be justified in withholding court-ordered parenting time based on fears alone. Of course, if there is clear evidence a parent or member of that parent’s household is infected, common sense seems to take the reins.

Fear alone is not enough. Some factors to consider in making the decision whether to withhold parenting time are:
Ӣ Whether the non-infected parent lives in a community with an outbreak;
”¢ Whether members of the non-infected parent’s household have been exposed;
”¢ Whether there are especially vulnerable or at-risk household members in the non-infected parent’s home;
Ӣ Whether community containment efforts are in effect;
”¢ Whether the child’s life has been impacted, such as closed schools

However, the risk of choosing to withhold parenting time varies on a daily basis with new updates on the coronavirus. While the decision to withhold parenting time may have seemed reasonable on Monday, the parent’s actions may just as likely be seen as unreasonable by Friday. It is unclear if a court can order a parent to be tested for the coronavirus.

Choosing to violate a court order is never risk-free. If parents cannot agree on how to handle exchanges, one parent can file an emergency motion with the court seeking an order permitting a temporary suspension of parenting time.

Another option for parents trying to limit the child’s exposure to a possibly infected parent is to file an emergency motion to restrict the infected parent’s parenting time. However, there must be a risk of imminent harm to the child; hence why fear is not enough.

On the other hand, if a parent was wrongly withheld from his or her parenting time, there are remedies that can be addressed through enforcement of the parenting time. For example, courts can award make-up parenting time to the withheld parent.

However, if the courts close due to the coronavirus, there may not be any recourse until after the doors reopen. Check with your local government offices for an updated list of closures. Call our firm at 720-542-6142 if you have any questions regarding your current parenting time agreement and would like to speak with one of our attorneys or fill out our form here.

What is Emergency Child Custody & How Do I Pursue It?

When a child is endangered, Colorado law allows for the court to suspend unsupervised visitation between the child and the parent that is endangering the child. This is an important tool that has helped save the lives of countless children.

However, Colorado also penalizes people who make false allegations. If you are concerned that your child is in immediate danger, please contact law enforcement. Then reach out to a Denver emergency child custody lawyer at Divorce Matters to discuss your case.

Defining Child Endangerment

A child must be endangered before a court will award emergency child custody. Under the law, endangerment can be either emotional or physical.

A judge will analyze many factors to determine whether endangerment exists, such as:

  • Physical abuse
  • Sexual abuse
  • Drug or alcohol abuse
  • Psychotic breaks or mental health concerns
  • Domestic violence

Other actions can exhibit extreme neglect which might also qualify as endangerment, such as:

  • Leaving a child unsupervised for long periods of time
  • Failing to pick up a child from daycare on multiple occasions

Requesting Emergency Child Custody

To start the process, you should file a motion in court. This motion must allege that the child is endangered under CRS 14-10-129(4) and include sufficient factual allegations to support the charge. A barebones accusation that a child is endangered is rarely adequate.

Once the motion is filed, a judge will order that all contact between the child and the parent be supervised by a mental health professional or some other third party who is unrelated. The court will also schedule a contested hearing within 14 days. At the hearing, each side can present evidence in the form of witness testimony or physical evidence. For example, you can have people testify who saw the other parent act violently toward your child.

After hearing evidence, the judge will decide what to do. Some options include:

  • Deny the motion to restrict parenting time
  • Continue the restrictions in place
  • Put fewer restrictions on parenting time or more restrictions

Colorado law encourages children and parents to maintain contact, so judges hesitate before altering the custodial arrangements.

Penalties for Wrongful Accusations

If the accusation is groundless, vexatious, or frivolous, then the judge can punish the person who made the allegations. For this reason, it is vital to meet with an attorney before filing your motion. Some parents make unwarranted accusations of endangerment, simply to strike back at another parent, and judges in Colorado will not tolerate that.

Penalties can include having to pay the other side’s reasonable attorneys’ fees and costs. Remember that simply losing the contested hearing does not mean that you will automatically have to pay the other side. Sometimes, there is a good faith dispute about the other parent’s conduct and whether it rises to the level of endangerment. In any event, you should focus on protecting your kids and speak to a lawyer before filing a motion.

Contact Divorce Matters Today

If you fear your children are endangered, an attorney at Divorce Matters can help. We will run through your legal rights and assist you in seeking custody during this stressful time. We will also help you build up a strong factual base so that you are not accused of filing a groundless complaint. Contact our team to schedule an initial consultation.

Five Things to Include in a Lakewood, CO Parenting Plan

Under Colorado law, divorcing parents are required to submit a written parenting plan regarding the key issues involved with raising their minor children. Though the terms custody and visitation have been replaced by “Allocation of Parental Responsibilities” and “Parenting Time,” many of the same traditional concepts apply. Therefore, your parenting plan must include provisions on decision-making regarding important aspects of the child’s life, as well as the time each parent spends with him or her.

However, the standard form used in Jefferson County doesn’t cover every possible parenting plan issue that may come up. Parents often overlook certain key issues, and a Lakewood, CO child custody lawyer can help you identify what they are for your situation. However, you may want to consider addressing:

Computer Time

Laptops, tablets, phones, and other devices are useful tools for education and entertainment. However, too much computer time can be detrimental to the child’s development ”“ not to mention the fact that it interferes with the whole point of parenting time: Enhancing the parent-child relationship. In your parenting plan, set reasonable parameters on computer use for certain purposes.

Holidays and School Breaks

Many parents know to include provisions on splitting time over the week, but don’t forget to address holidays and time off school. Even if you don’t designate exact dates in your parenting plan, consider a formula that will establish which parent gets to spend time with the child and when.

Right of First Refusal

You may find yourself in a situation where one parent is scheduled for parenting time but has an unforeseeable conflict. In such a situation, it would be necessary to arrange childcare. In your parenting plan, you may want to include a provision that allows for right of first refusal: If you cannot handle child care during your own parenting time, you should give the other parent the opportunity rather than a third party.

Non-Child Support Spending

You may agree to general child support rules in your parenting plan, but you may also want to address certain expenditures that fall outside these provisions. One solution is to keep receipts or notes, then split the amount equally between both parents. Of course, you can also set a maximum per month for non-child support spending.

Stealing Parenting Time

Bitterness and resentment can linger long after your divorce is finalized, and one parent may resort to misconduct out of spite. That person may purposefully schedule certain events or appointments during the other parent’s parenting time, essentially stealing time away. You can include provisions to address this tactic, such as by requiring both parents to consent in writing when signing the child up for activities. If bitterness prevents you from agreement on these issues, you could spend a lot of time in court.

An Experienced Fort Collins, CO Attorney Can Help with Parenting Plans

For more information on how to create a parenting plan that works for your circumstances, please contact Divorce Matters. Our knowledgeable lawyers can assist with negotiations, drafting the essential documents, and enforcing the provisions as necessary to protect your interests.

Six Reasons to Establish Paternity in Fort Collins, CO

More and more unmarried parents welcome children every year, putting paternity issues at the forefront for many mothers and fathers in Colorado. Though you may not have immediate concerns about establishing parentage, there are some considerations to keep in mind for the future. A Fort Collins paternity lawyer can tell you more about why it’s critical to obtain legal proof of parentage, but some important information may help.

From the Mother’s Perspective

The three top reasons a mother may want to establish parentage may include:

  1. Child Support: Raising a child is not cheap, and Colorado law on child support imposes a duty for both parents to contribute financially. If you want to seek child support from the child’s father, you must first have an order establishing paternity.
  2. Get the Father Involved: Like many mothers, you recognize the critical role a father can play in your child’s development. While you may not get along with the other parent, you may want to establish paternity to open the door to a healthy parent-child relationship.
  3. Social Security Benefits: Even when the father voluntarily provides financial support, your child has no rights to certain benefits unless you have official, legal parentage. Social Security offers a death benefit for minor children, which provides funds on a monthly basis until they turn 18 years old. Under certain circumstances, your child may also qualify for disability benefits or amounts based upon the father’s military service.

Fathers and Paternity

Fathers also have rights, but you cannot enforce them unless you are recognized by law through establishing parentage.

  1. Child Custody: Colorado law uses the term “parental responsibilities” to refer to what’s commonly called custody. As a father, you have the right to participate in major decisions regarding your child’s upbringing, such as education, religion, and extracurricular activities. Unless you are the legal father through a VAP or paternity lawsuit, you have no say in these issues.
  2. Visitation Rights: Parenting time is important to forming a solid relationship with your child, so it’s understandable that you want to exercise visitation rights. Even if the mother voluntarily allows you to spend time with the child, you must establish paternity before you have the legal right to visitation.
  3. Child Support: You may be fully willing to contribute to your child’s financial needs, but you’re in a tough spot if you don’t believe the mother’s assertion that you’re the father. In such a situation, you’d want to have a court make a determination on paternity to protect your own financial interests.

Contact Fort Collins, CO Paternity Lawyers Regarding Parentage Issues

If you have questions about the importance of establishing paternity on either side of the issue, please contact our team at Divorce Matters. We can review your circumstances and advise you on options to seek parentage as the mother or father. Our paternity attorneys can also explain how to handle a situation where you don’t believe you’re the child’s parent. Our lawyers represent clients in Fort Collins, Larimer County, and throughout Central Colorado, and we’re happy to help.

Modifying Child Custody When Moving Out of Denver, CO

If you are currently divorced and share a minor child with your ex-spouse, you likely have a parenting plan in place that allocates parental responsibilities, including important decision-making responsibilities for the child as well as parenting time, or when each parent physically cares for and spends time with the child. But what happens if you apply for and are offered a new job that requires you to move out of Denver? And does the answer to that question change if you are simply moving elsewhere in the state of Colorado as opposed to another state?

The matter of relocation can be complicated for parents in Denver, especially when the parents do not agree that a relocation is in the best interests of the child. We will discuss the process of relocation and how a parent can seek to modify parenting time.

Distance of the Move and How It Affects a Relocation

If you are simply moving to another house in the Denver city limits, or if you are moving to a nearby suburb like Holly Hills or Highlands Ranch, you likely will not need to seek permission for your relocation. However, according to Colorado law (C.R.S. § 14-10-129), when one of the parents intends to relocate with the child to a home that significantly changes the geographical ties between the child and the other parent, then the parent seeking to move must inform the other parent and begin taking steps toward a lawful relocation.

To be clear, if you want to move to a new home in the general Denver area, it is unlikely that the move would substantially change the geographical ties between your child and the other parent. However, moving farther away””whether it is to another city in Colorado that is some distance away or to another state””then you will need to do the following:

  • Provide the other parent with written notice, as soon as it is practicable, of your intent to relocate;
  • Provide the other parent with the location of where you intend to reside and your reason for the relocation;
  • Provide a proposed revised parenting time plan; and
  • Schedule a court hearing for a modification of parenting time.

Motion for a Relocation

If the other parent agrees to the modification, the process is much easier. However, if the other parent does not agree, you will need to seek permission from the court. When you seek to modify a parenting time plan in Denver with the permission of the court, you will need to file a motion for relocation. In determining whether to grant your motion, the court will decide whether the relocation is in the best interests of the child. In order to make that determination, the court will look at a number of different factors, including but not limited to:

  • Reasons you want to relocate with your child;
  • Reasons the other parent objects to the relocation;
  • History and quality of your relationship with the child since the parenting time order took effect;
  • History and quality of the other parent’s relationship with the child since the parenting time order took effect;
  • Educational opportunities for your child at your current location and at the new location;
  • Advantages for the child to remain with the primary caregiver;
  • Anticipated impact of the move on your child;
  • Whether court will be able to revise the parenting time schedule in a reasonable manner if it permits the relocation; and
  • Other factors involved in determining the best interests of the child.

While moving can be difficult on children, as an article in Psychology Today suggests, this fact alone does not mean that a relocation is not in the child’s best interests.

Contact a Denver Child Custody Attorney

If you have questions about relocation or other aspects of your parenting time plan, an experienced child custody lawyer in Denver can assist you. Contact Divorce Matters today.

Securing your Visitation Rights

Colorado divorce attorney

If you are the parent of one or more young children, a child custody order is likely part of your divorce settlement. When parents do not have equal parenting time under their custody order, the non-custodial parent may have visitation rights.

As a parent with visitation rights, you have the right to spend time with your child during your allotted time with him or her. When your former partner’s actions infringe on your visitation rights, you have the right to fight back and the right to be with your child.

How the Court Determines Child Visitation Rights

In Colorado, the court determines a child’s custody order according to a set of factors that enable it to determine the arrangement that is in the child’s best interest. These factors include:

  • Both parents’ physical and mental health state;
  • The child’s medical, emotional, psychological, and academic needs;
  • The child’s relationship with each parent;
  • The child’s current living situation and the extent to which altering it would negatively impact the child; and
  • If the child is old enough to articulate a well-reasoned preference, the child’s preference may be considered.

What to Do if your Former Spouse is Keeping your Children from You

If you have a court order for a child custody arrangement, you and your former spouse are legally required to comply with it. Failure to do so is contempt of court and can subject a parent to criminal penalties.

Report your former spouse’s behavior to your family lawyer so there is a record of his or her actions. Do not escalate the situation with your former spouse by yelling, threatening, or trying to coax your child into taking your side.

Taking Legal Action to Enforce or Modify a Child Custody Order

An occasional missed visit is not something worth taking legal action over. When this happens, be willing to be flexible and work with your former partner to make up for the missed parenting time. When your former spouse consistently refuses to let your child spend time with you despite your court order requiring it, you need to take legal action.

Take action by filing a petition with the court to enforce your child custody order. When you do this, the court will step in to require your former partner to comply with the order. This could lead to the court modifying your child custody arrangement if it feels your child’s health or psychological well being is being harmed by the current situation. Beyond cases like this and cases where the child is relocating to a new permanent address, Colorado parents may only modify child custody orders every two years. You lawyer will determine whether you are eligible to file for a child custody modification and if so, work with you to draft and file the petition.

Work with an Experienced Colorado Family Lawyer

Asserting your rights in family court is much easier and typically, more successful when you work with an experienced Lakewood divorce attorney. To get started with a member of our team at Divorce Matters, contact our office to set up your initial legal consultation with us.

How Do Kids Change Divorce?

Conor Stewartson

When couples have children, a divorce becomes much more complicated. Even if you and your spouse are committed to an amicable separation, you will need to think through your post-divorce future for the sake of your children.

Come Up with a Parenting Plan

Children need continuing contact with both parents, and a judge will want to see a detailed parenting plan. At the outset, you should realize that a 50/50 custody split might not be realistic since one or both of you might decide to move. However, you should work out who the children will live with during the school year and decide:

  • When the non-custodial parent will have weekend visitation
  • How the children will split their summer vacations
  • Who the children will spend holidays and birthdays with
  • How you will transport the children to and from visitation, as well as when they will be dropped off and picked up

 

The more detailed your parenting plan, the better. Deciding issues ahead of time can reduce conflict later on. If you need help coming up with a parenting plan, you can consult with a divorce attorney who can advise you.

Discuss Child Support

Every child has a right to enjoy the fruits of his or her parent’s income. For this reason, child support is a right. The state has a formula it uses to calculate child support. You can visit the Department of Human Services website.

Child support also includes things like health insurance, medical expenses, and child care. Depending on your situation, you might need to pay extra to cover these costs. Parents should look at the total cost of raising the children and identify how they will pay those costs.

Stay on Your Best Behavior

It is perfectly understandable to feel depressed, angry and frustrated during a divorce. After all, a relationship you thought would last for life is now crashing to the ground. Nevertheless, parents must remain amicable if they want their children to flourish. This means never bad-mouthing your spouse when the children are around or trying to turn your children against their mother or father. Furthermore, trying to alienate your children could be used against you when it comes to determining custody.

Calm Guidance You Can Trust

Divorce is an emotionally turbulent time. You need trusted, experienced divorce attorneys in your corner. At Divorce Matters, our Lakewood divorce lawyers will help guide you through the divorce process step by step. Please contact us today to schedule your comprehensive, initial consultation.

Should You Stay Together for the Kids?

Should You Stay Together for the Kids?

Everyone has heard the phrase, “Staying together for the kids.” But is it always a good idea? To decide whether sticking it out for the sake of your children is the right option for you, you should analyze the pros and cons.

Pro: It Will be Easier Financially

Maintaining two households is expensive, and many parents are struggling or barely making ends meet as is. Can you really afford for one parent to set up an apartment somewhere or buy a new home? You will probably pay more in food, gas, and utilities, to say nothing about the extra mortgage or rent payment. If you can not swing a separation financially, then you might need to stay together.

Con: An Abusive Relationship Can Harm Your Children

Some marriages are so tumultuous or abusive that your children live in fear and probably avoid asking friends to come over. Hearing that the marriage is over might elicit a sigh of relief. By ending the relationship, you can dramatically improve your children’s state of mind and can also be more available for your children.

Pro: Your Children Could be Harmed by Divorce

Many people believe that children are resilient and can come through the divorce with flying colors. Although that may be true for some children, it certainly is not true for all. As Time Magazine reported recently, many middle-aged people are speaking out about the pain they have carried from their parents’ divorce decades ago. Therapist Judith Wallerstein, for example, argued in her book The Unexpected Legacy of Divorce that children experience more serious, and longer lasting, harm than many people have suspected.

Con: You Model for Your Children that it is Okay to be Miserable

Children look to their parents as role models, and people who are miserable and constantly bickering set a terrible example for their children. Some parents wrongly believe that they are effectively hiding their disagreements from their children. But as psychologist Leslie Becker-Phelps has argued, children pick up more than you might think. Children will learn that you cope with stress by denying that there is a problem””a terrible lesson for your children going forward.

Considering Divorce? Discuss Your Legal Concerns with a Lakewood, Colorado Divorce Lawyer

Whether to get divorced is a complicated question, and only you can answer it. However, if you have questions about how a divorce will affect you legally, you should meet with an experienced Greenwood divorce attorney. At Divorce Matters, we offer potential clients a free consultation, so please contact us today.

 

Relocating With Children After Divorce

In this article we discuss the issue of relocating with children after a divorce or allocation of parental responsibilities order has already been entered. Relocating to another state with a child is a big decision, and unsurprisingly the courts take this issue very seriously. In addition to the usual statutory considerations as to what is in the best interests of the children, there are nine additional factors that the courts consider when determining how to resolve a relocation motion. Instead of going through all of the factors we’re going to highlight some of them that are unique to relocation matters that we have found to be critical, although it’s important to note that judges can give differing amounts of weight to any of these factors as they see fit. For a list of all the factors a court can consider see C.R.S. § 14-10-124(1.5)(I”“ XI) and C.R.S. § 14-10-129(2)(c)(I”“IX).

One of the most important considerations for any judge is the presence of family where the children currently reside versus where the proposed new location is. Most judges give significant weight to how the move will impact family ties. If children will be gaining family members to be around, especially if they have already established positive relationships with them, it can help boost the chances of being able to relocate. Conversely, a parent who wants to move children away from family members may experience more difficulty in being allowed to do so.

Courts also inquire into the educational opportunities for the children where the children currently reside versus where the proposed new location. School rankings, extracurricular activities and clubs, and advanced educational programs such as International Baccalaureate are just some of what can set one school apart from another. Whether you’re the parent who wants to move or you’re wanting to prevent the move, you’ll want to be intimately familiar with the educational opportunities at both locations.

Last, but certainly not least, we’ll examine the two factors at the very core of the move: Why does one parent want to move and why does the other parent want to prevent the move? For example, if Dad wants to move to sunny California because he’s tired of winter a court would be less likely to grant that than if Dad wanted to move to California because he found a new job that would double his salary and be closer to family. The way a court examines the reasons a parent objects to the proposed move is more nuanced than it appears at first glance. Although it may seem obvious that the reason a parent objects to the move is because they want to be near their children, this isn’t exactly what a court is looking for. Essentially, the judge wants to know the specific reasons as to why a parent thinks it will be worse for the children to move instead of simply objecting to the move because it would make the parent sad or simply to make the other parent’s life more difficult.

Planning and preparation is key to winning or defeating a motion to relocate. You can’t change the facts, but effectively planning out your case and strategizing at an early stage improves your chances of success. Hiring an attorney before filing or as soon as you are served with a motion gives you the best opportunity to put on an effective case.

If either you or your ex is planning on relocating and your children are involved, reach out to Divorce Matters today and our experienced attorneys can help guide you on what the next steps are.

The Different Types of Child Custody

When parents divorce, a judge will need to decide who the children will spend time with and which parent will have the legal authority to make decisions for the child. Collectively, these are child custody decisions, though Colorado now prefers to use the term “parental rights and responsibilities” instead of “custody.” Child custody decisions are often very emotional ones, although they do not have to be. Read on for more information about the different types of child custody.

Physical Custody

This is perhaps the easiest type of custody to understand. Physical custody means that the child is primarily living with you and is under your supervision. The other parent is given visitation, also called “parenting time.” Depending on the circumstances, parents might be given extensive visitation or limited visitation.

Legal Custody

Even if a child is not living with you, you can have a say about important decisions regarding the child’s healthcare and education. This is legal custody. For example, you might need to decide whether your child can have surgery. If the judge has awarded you legal custody, then you get to make those decisions.

Sole Custody

Sole custody means that only one parent has custody. For example, a parent might be given sole physical and legal custody of the children, thus cutting out the other parent completely. Colorado law does not favor sole custody. Instead, Colorado law advocates that both parents remain in contact with their children. Sole custody is rare and reserved mostly for those situations where one parent is completely unfit.

Joint Custody

Today, joint custody has become the norm. Joint custody can be joint legal custody, joint physical custody, or both. Colorado law tries to keep both parents as involved in their children’s lives as possible. Unless one parent moves out of state, then both should spend extensive amounts of time with their children.

The precise amount will depend on how close the parents live to each other. For example, if they live in the same city or town, then a judge might divide physical custody 50/50. However, if one has moved a couple hours away, then one parent might be given regular weekend visitation as well as time in the summer.

Reaching an Agreement

You can lower the temperature of any divorce by coming up with an arrangement that works for everybody instead of fighting tooth and nail for sole custody. With respect to visitation, parents should create visitation schedules that they can stick to. If you have a busy job, you shouldn’t agree to weekly visitation if you are on the road constantly.

Of course, in some situation, you might not want joint custody with your ex. Common examples include a spouse who has been abusive to his or her children. Every situation is different, and you should discuss your concerns with your divorce lawyer.

Contact a Lakewood Child Custody Attorney for Help

Child custody decisions are probably the most important ones involved in any divorce. For help with your divorce, speak to a Lakewood divorce attorney at Divorce Matters. Our lawyers are happy to meet with you for a consultation, so call 720-580-6745 today.