Custody In Colorado
Posted by: Patricia Marrison
September 05, 2007
Topic: Custody In Colorado

Colorado no longer uses the terms "legal custody" and "physical custody" or "visitation" in divorce. Generally, what was once known as "physical custody" is now termed "primary residential parental responsibility" The older term "visitation" has been replaced by the term "parenting time". What once was generally understood to mean "legal custody" is now referred to as "decision making".

Residential responsibility may be primary in one parent (custodial-primary), which means that the child resides with one parent, and other parent has fewer than 92 overnights with the child. Sometimes this is sole physical custody, i.e. the other parent has no overnights with the child. Sole physical custody is rare, however. Most visitation right arrangements involve overnights with the non-custodial parent, as the right to visit with the child is a fundamental right, in child visitation arrangements and parenting plan provisions, overnights will rarely be denied altogether.

More typically, the Courts award a shared residential responsibility ("shared custody" or "joint physical custody") which means that the other parent has more than 92 overnights and up to 182 overnights, a true shared custody or 50/50 schedule. Over the past several years, the Colorado Springs courts more often award a shared schedule of parenting time - even a 50/50 sharing - than any other type of parenting plan.

In determining physical custody, or residential parental responsibility, the courts look to 11 factors:

?(I) The wishes of the child's parents as to parenting time;

(II) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule;

(III) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests;

(IV) The child's adjustment to his or her home, school, and community;

(V) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;

(VI) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;

(VII) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;

(VIII) The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;

(IX) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence;

(X) Whether one of the parties has been a perpetrator of spouse abuse as defined in subsection (4) of this section, which factor shall be supported by credible evidence;

(XI) The ability of each party to place the needs of the child ahead of his or her own needs.

Rarely, but sometimes, the Courts will approve of a "nesting arrangement" whereby the children reside in the family home, and the parents move in and out week by week, sharing the children. The problems this may engender are obvious, and thus, separation, i.e. separate residences are the far more common practice.

The other aspect of parental responsibility is decision making, formerly know as legal custody. The Courts generally award both parents the right to decide major issues about the child, and leave day to day decisions to the parent with whom the child resides.

In determining decision making, the court looks to five factors:

(I)Credible evidence of the ability of the parties to cooperate and to make decisions jointly;

(II) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support that would indicate an ability as mutual decision makers to provide a positive and nourishing relationship with the child;

(III) Whether an allocation of mutual decision-making responsibility on any one or a number of issues will promote more frequent or continuing contact between the child and each of the parties;

(IV) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of child abuse or neglect, then it shall not be in the best interests of the child to allocate mutual decision-making with respect to any issue over the objection of the other party or the legal representative of the child.

(V) Whether one of the parties has been a perpetrator of spouse abuse as defined in subsection (4) of this section, which factor shall be supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of spouse abuse, then it shall not be in the best interests of the child to allocate mutual decision-making responsibility over the objection of the other party or the legal representative of the child, unless the court finds that the parties are able to make shared decisions about their children without physical confrontation and in a place and manner that is not a danger to the abused party or the child.

Some parenting plans take on a variety of forms or schedules. Common visitation right arrangements are:

?(1) alternate weekend visitation with the non-custodial parent, including three day holidays.

?(2) Mid-week visitation with the non-custodial parent.

?(3) Sharing the child during periods of school recess.

?(4) Alternating holidays

?(5) Mother's Day with Mother, Father's Day with Father

?(6) Alternating the child's birthday

?(7) Open telephone contact by the parent who does not have physical custody

?(8) Exchange of a few days visitation here and there.

Lack of a marriage has no impact on the court's view of the matter. The best interest of the child governs.

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Legal Separation in Colorado
Posted by: Patricia Marrison
July 23, 2007
Topic: Legal Separation in Colorado

Sometimes, for various reasons, we at The Marrison Law Firm http://www.marrison-law.com/ are asked to separate a couple and all of their assets, but not seek a divorce decree. Some persons are adverse to divorce for religious or emotional reasons. Others need to continue their health insurance and thus wish to remain married, but otherwise want to live separately and to divide their assets. The process of a Legal Separation is the same as that of a divorce, except that there is a longer waiting period before the decree can be entered. Couples wishing a legal separation must wait six months, whereas couples wishing a decree of dissolution of marriage must wait only three months after the petition is served on the responding party. As in a dissolution, the Court will enter orders dividing property and debt on the date of the final orders, and ordering child support, maintenance or alimony, and other orders as necessary. If you are interested in a Legal Separation, the attorneys at the Marrison Law Firm can help you. We do exclusively family law. See our website at http://www.marrison-law.com/ or call us at 719-577-9292.

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Mediation
Posted by: Patricia Marrison
July 02, 2007
Topic: Mediation

Colorado requires mediation, i.e. a settlement conference, in every divorce, unless the parties have reached a complete agreement on every issue, or unless there is domestic violence involved. Thus, we at the Marrison Law Firm are skilled mediation attorneys.

Formal mediation is a negotiation process with the assistance of a mediator, usually a lawyer skilled in the process of "getting to yes". The parties normally meet for their mediation in separate rooms and are represented by their attorneys. The mediator moves back and forth between the rooms attempting to help the parties reach a complete settlement of their divorce.

Mediation is required, usually before any final orders hearing is scheduled. If mediation is successful, the attorneys draw up an agreement and normally there is no requirement to go to court. If mediation is not successful, the parties are only then allowed to schedule a hearing. Therefore, even if you are certain that the opposing party will not agree to anything, you will still accomplish one very important step in the divorce process by mediating: the ability to schedule a hearing.

Mediation has the advantage of reducing the cost of divorce, both emotionally and financially. A mediated settlement is one in which the parties have carved out their own future, rather than having been told what to do by a judge, who has less concern and less knowledge than the parties about their needs, their future, their family and their lives. A mediated settlement saves trial preparation and trial appearances. The trial of even the simplest divorce will last at least 2 hours, usually more. Attorneys normally prepare two hours for each hour of trial. At $250 to $300 per hour, even the simplest divorce will run over $1000.00 for a trial for each side. This is money which could be saved if the parties were able to compromise.

The Marrison Law Firm can help you mediate to achieve the best settlement possible.

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Grandparent Rights In Colorado
Posted by: Patricia Marrison
June 20, 2007
Topic: Grandparent Rights In Colorado

Often we at the Marrison Law Firm get calls to learn what is commonly referred to as Grandparents Rights in Colorado. In Colorado, grandparents have rights to visitatation with their grandchildren if the parents approve. Parents have a constitutional right to determine with whom their children should visit. Sometimes, however, we encounter the situation in which the parents decide that the grandparents, may not see the grandchildren. What can a grandparent do? If there is a pending case, either a divorce, a paternity, or a juvenile case, grandparents may seek to have their grandparent rights established formally. If there is abuse or neglect, the grandparent may work through the Department of Human Services to protect the children, and obtain their grandparent rights in that case. If the grandchild has been living with the grandparents for over six months, the grandparents may also bring their own new case to obtain grandparent custody of the children. If you need help establishing grandparent rights, we have experienced lawyers to serve you at the Marrison Law Firm.

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-- Adoptions in Colorado
Posted by: Patricia Marrison
February 16, 2007
Topic: Adoptions In Colorado

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