Family Law and Children

Denver Family Law regarding children varies massively depending on the parent's 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 Father's 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. The reality is he could have no say in the child's life what so ever. He doesn't even have an automatic right to look after his child if the child's Mother dies. Unmarried Father's are treated similarly to step-father's even though the are the biological Father of the child.

There are of course exceptions to these general rules. The law regarding unmarried Father's 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. Children born prior to this date actually remain the same still.

There are exceptional circumstances where divorced Father's 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 as 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 Mother's 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 Father's have. The good news for Father's who will be in this position in the future is that the law has changed since December 2003. However, the difficulties to those Father's 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'.

(Source: Andrew Marshall)

Family Law Courts

Denver family law courts take up cases relating to all kinds of family related issues. These can be adoption, prenuptial agreements, marriage, divorce, separation, legal separation, annulment, alimony, division of the property accumulated during the marriage, domestic violence, negotiation, adjudication, child custody and support, child abduction, kidnapping or child seizure, emancipation, abuse in the marriage, parental rights, paternity, juvenile, felonies, and many such cases related to family.

Colorado family law courts also deal with regular cases relating to criminal laws, property related laws, probation law, trusts, and so on. However, the majority of the cases that come to family law courts are the divorce, separation, abuse or child custody cases. A number of details need to be considered when it comes to these cases. Family law courts are specialized in all the legalities involved in such cases.

As you can imagine, Denver divorce law courts are some of the most crowded courts in America. They deal with social and economic issues so universal that the courts can hardly bear the brunt of the demand. As a result, family courts are notoriously underfunded. Economically disadvantaged people often get left by the wayside when trying to gain monetary compensation for just cause.

Family law courts are the subject of much criticism as well for prejudice. Many think one gender or the other is favored in family courts. This may or may not be the case, but it might be impossible to study, since the numbers are so great. Until then, the family courts are a necessary aspect to a society in which people can treat each other unfairly sometimes.

Questions to Ask your Denver Divorce Lawyer

Legal dissolution of a marriage is known as divorce. A person needs a very good and affordable Denver divorce lawyer to give guidance through this difficult and painful experience. A typical divorce comes with a package of legal technicalities that extremely difficult to handle without professional help. Denver divorce Lawyers offer solutions to problems involved in a divorce and provide legal advice. It is important to not consult the same lawyer retained by a spouse. It is very important to find an expert lawyer who specializes in family law. An individual may ask friends or family for references, or go to the Internet for lawyers in the Denver area. After selecting a Divorce lawyer, an interview should be arranged to get answers to all questions.

It is recommended that a person make a list of questions for the Divorce lawyer to avoid making the wrong choice. The first question should be how much experience the lawyer has. It is important to know how many similar cases the lawyer has handled. Ideally, a Denver Divorce lawyer must have at least 10 years of experience in the field of family law. It is critical to ask for references, the minute details involved in a divorce case and the procedure of obtaining divorce. A person must also find out the period of time required to get a divorce. It is vital to know if the lawyer schedules appointments to discuss the case from time to time. It is essential to inquire about the various fees involved and the hourly rates for the service provided by the lawyer and his team of legal assistants. The person must ask for a written retainer agreement that states everything the divorce lawyer has agreed to do for you and his respective fees.

Persons seeking a divorce should consult with more than one lawyer to make certain they are making the right choice in legal representation. They must not hesitate to ask questions as the decision on which Denver lawyer to retain, may influence the course of the divorce proceedings.

How to Communicate Effectively with Your Family Law Attorney

You have heard it said many times. For any relationship to flourish the parties involved ought to communicate, to relate their ideas and feelings. The relationship you have with your Denver family lawyer takes no exception. Only that your attorney works for you. Presented here is a brief guide on how to appropriately interact with your attorney.

General principles first: Make your mind known on any and every material issue. After all, it's your case-your life. Remember, however, that the Denver family law attorney is not a rubber stamp, merely, but has expert knowledge that can advantage you in legal proceedings. You should thus be willing not only to compromise but to trust, to trust that your attorney seeks the best possible outcome for you.

The question now arises: how does one build this trust? Well, try calling your attorney every now and then. Ask for updates on progress made and inquire on the general strategy being used to argue your case. True, you don't have to call everyday, but do call. Email, and fax too, can accomplish the same goal. Even snail mail will do. Of course, which mode of communication you ultimately choose will depend on the urgency of your concerns. The point here is this-that you need to communicate with your attorney.

But communication is a two way process. The attorney-client relationship will not work well unless the attorney also communicates. More pointedly, your attorney must respond to your communications. Otherwise there is no point in you communicating in the first place. You deserve answers. You deserve to know what is going on. A good attorney will keep you up to speed on all details relevant to your case through regular communication and by timely responding to your questions and concerns.

So be on the lookout when you visit a Denver family law attorney for an initial consultation. Face to face communication is the only way to establish rapport; this is how you decide whether you are going to retain a particular attorney or not. Don't hesitate to ask questions. Take notes if you have to. Bear in mind that the person before you could the one to see you through a time among the most difficult times in your life, be it divorce, child custody, or any other family dispute. You wanted a trusted partner in these critical moments. Choose an attorney who understands you and has your best interests at heart.

Understanding the Basics of Child Custody and Divorce Law - Protect Your Parental Rights!

When two adults get divorced and there are children involved, decisions as to which spouse will gain custody of the children are always a critical - and emotionally draining - issue.

Child custody and divorce laws vary from state to state, so for the sake of this article we will be focusing on Divorce Law in the state of Colorado. If you do not live in the state of Colorado, I recommend that you read this article to get a basic understanding of Child Custody & Divorce Law in general, and then check with an attorney in your home state to see how your state's particular laws may vary.

Under Colorado Divorce Law, Colorado does not favor either the mother or the father. Rather, Colorado divorce law strives to analyze the relationship each child has with each parent, and work towards the best interest of the children.

Colorado divorce and family law allows for a number of different types of child custody, including: temporary custody, sole custody, split custody, and joint custody.

Temporary custody under Denver divorce law is exactly what the name implies. It involves which parent has custody of the children at that moment. Temporary custody can be overturned easily under Colorado law if it is discovered that the children are in an unsafe situation.

Sole custody under Colorado law is often referred to as 'legal custody.' This means that one parent has the authority to make long range plans that include (but are not limited to) moves, education, or life changing circumstances that affect the children. If a parent has sole custody under Colorado law, they do not need to have the permission of the other parent to make these decisions.

Split custody under Colorado law is where two or more children are involved, and the children live with different spouses. Oftentimes this decision is based upon the preference of the children as to whom they would prefer to live with.

Joint custody under Colorado law is where both parents have control over the upbringing of the children involved. In this type of custody decision, both parents must be able to communicate for the benefit of the children, and be able to come to agreements about how to raise the children. If the spouses are constantly fighting, the court can (and often will) deny a request of joint custody.

When issues of child custody come up in a Colorado divorce, many wonder or not they should hire a Denver divorce attorney. While a Denver attorney is not always needed, I do highly recommend that you have an attorney licensed to practice in the state of Colorado and familiar with Colorado Child Custody and Divorce Law on your side. Importantly, if you are involved in a hostile divorce, or if the other spouse has a Colorado attorney representing them, I definitely recommend that you hire experienced Colorado divorce attorneys, such as the legal team at Cohen & Cohen who are Divorce Attorneys in Denver.

Of course, there are times when two spouses going through the divorce are able to come to a mutual agreement regarding child custody. If this is the case, then a stipulation and consent order should be filed with the court. The order must be very specific as to the custody of the children. The order should include which parent will have legal custody of the children after the divorce, as well as which parent will have the children during holidays. Also, all sorts of contingencies must be taken into consideration. If one parent is running late and can not meet scheduled visitations, do the visitations get rescheduled? No mater how trivial it may seem, every conceivable issue regarding the divorce and custody of the children need to be discussed and placed in the consent order to prevent misunderstandings in the future regarding child custody.

It is important to note that many parents will want to change or modify their child custody agreement after it has been made. If you desire to do this, then you must provide evidence as to why the agreement should be modified. The state of Colorado wants the child to live a stable life.

Remember, when you are thinking or discussing child custody, the most important factor will be the best interests of the children involved. Their feelings, thoughts, and most importantly their safety and stability are the primary concern of the courts under Colorado law. To protect your rights and the rights of your children, we highly recommend you have a knowledgeable Denver divorce attorney by your side every step of the way.