Denver Family Lawyers

Written by: Nick Hantge

Among the different areas of law, one of the most sensitive to handle is family law. This is because lawyers who specialize in family law deal with some of the most sensitive cases, including divorces, annulments, family property disputes, child abuse cases, legitimacy, and adoption cases. Given this, people who find themselves facing these scenarios would do well to get the services of a good Denver family lawyer who is not only competent with regard to family law but also someone who knows how to handle very sensitive cases. A good family lawyer who can make the process of dissolving partnerships, formulating divorce settlements, and making child custody agreements less "ugly" can help you lessen the pain that comes with these scenarios.

Finding A Good Family Lawyer in Denver

Given the need to ensure that you get a good family lawyer, you should be aware of the things that you need to consider when hiring a family lawyer. One of the most important considerations is the experience of the lawyer you are considering. Vast experience in the practice of family law can ensure that a lawyer knows how to effectively handle the case. In addition to this, you should also consider the reputation of the lawyer, not only among his clients but also among other lawyers because what other lawyers say about their colleagues can say a lot about the competency and skill of a lawyer. Other considerations include the location of the lawyer, which is very important if in case you need to meet your lawyer on a regular basis, and the fees that he charges.

By being able to consider the very important things that have been mentioned, you can increase your chances of getting the right Denver family lawyer. This is very important because there are instances wherein you are not only up against, for example, the stress of a legal process against your relatives, but you may also have to contend with some of the toughest and strictest family laws. This is very true in places like Denver, where there is a stringent family code in place and where thousands of family cases are handled every year.

Given the sensitivity of cases that involve disputes between family members, the need for a good Denver family lawyer becomes very important. The good news is that as long as you know how to look for the right family lawyer, which involves asking very important questions, you can be assured that you will find a good family lawyer who can make dealing with very sensitive cases more bearable.

Family Law Covers a Variety of Issues

Family law matters represent a sizable chunk of any jurisdiction's docket and can be among the most emotionally charged matters seen in court.

Family law deals with family related issues and domestic relations, including marriage, divorce, paternity, child and spousal support, child custody, adoption, long-term care for elderly parents, civil unions and other related matters.

Divorce and child custody cases make up the vast majority of family law cases. It requires that a divorce must be certified by the court system to become effective. The terms of the divorce are usually determined by a law court, and may take into account prenuptial agreements or postnuptial agreements. A contested divorce may be stressful to the spouses and lead to expensive litigation in family law courts regarding issues such as child custody, spousal and child support and property division. Less adversarial approaches to divorce settlements have recently emerged in the practice of family law, such as mediation and collaborative divorce, which use a cooperative process and sometimes a single attorney working for both parties to come to an agreement.

Adoption makes up a smaller, but significant area of family law. In adoption, some or all of the rights of the original parents are terminated, and the adopting family gains these rights in a law court. Attorneys in these cases handle negotiations with birth parents or the state, and finalize any agreements among the parties.

Paternity is yet another area of family law. Paternity cases determine the biological parents of a child and establish these parents' rights and responsibilities with regard to the child. As traditional marriage becomes less common, paternity suits and related child support and custody cases are on the rise.

Civil union litigation are an emerging area of family law, as traditional marriage has been joined by civil unions as a legal option. It is litigation that may arise related to civil unions include the dissolution of civil unions, adoption and child custody issues and property and legacy issues.

Our aging population is also giving rise to an increase in guardianship and power-of-attorney actions regarding elderly relatives no longer able to manage their affairs. Attorneys can help the adult children of elderly parents settle disputes and collaborate in the long-term care of their loved ones.

Family law is a dynamic and growing area of the law and parties involved would be well-advised to become as well-informed concerning the subject as possible to better be able to ask and answer questions of their attorney.

Family Law and Children

Family Law regarding children varies massively depending on the parental relationship. When parents separate, their involvement with their children could be hugely different depending on whether they were married or not. Parents who were married will both usually have significant contact with a child, whereas the father's rights are much diminished if they were not. The law treats married and unmarried fathers very differently.

When a married couple with children divorce, they are both legally entitled to full involvement in their child's life and in decisions affecting their upbringing. The absent parent has an automatic right to know where their child is living and to see them on a regular basis. He/she will have a legal right to certain information such as school and medical reports. These factors are designed to benefit the child, meaning they have the advantages of being with both parents.

If separated parents were not married, then the mother has automatic parental responsibility. This means that the father's rights are not the same as married father's. He cannot prevent his child from taking their mother's surname, even if he/she previously had his surname. The father is also unable to take his child abroad on holiday, and has no say in the child's religion or school. If fact he could have no say in the child's life whatsoever. He doesn't even have an automatic right to look after his child if the child's mother dies. Unmarried fathers are treated similarly to step-fathers even though the are the biological father.

There are of course exceptions to these general rules. The law regarding unmarried fathers has changed with regards to children born since 1st December 2003. If a father's name appears on the birth certificate and his child was born after this date he has the same legal rights as a previously married father. However the law for children born prior to this date remains the same.

There are exceptional circumstances where divorced fathers are not given their normal rights. These will be cases where it is considered in the child's best interests that their father does not have such an active involvement, or no involvement as all. Meanwhile there are ways in which unmarried Father's can request more involvement. The agreement of the child's mother is the most obvious, and most mothers are happy for the father to have an active role. However, if the mother does not agree it can be very difficult for the father. They might then have to resort to getting a court order to force the mother to allow access.

Many are surprised when they hear of the lack of rights that unmarried fathers have. The good news for fathers who will be in this position in the future is that the law has changed since December 2003. However, the difficulties to those fathers with children born previously to this are still the same as they always have been. The reason stated for both parents being involved in their child's future if they were previously married is that it is for the good of the child. Surely then, the same should apply to unmarried father.