There is no presumption in favor of either parent in Colorado. We’re going to assume that both parents of capable of parenting their child, and we are not going to presume that the mom is better capable of parenting the child as compared to the dad.
We look, again, at what is in the child’s best interests. Just because you aren’t married doesn’t mean that you don’t have rights for your child. The court would look at the same factors as if you were, indeed, married. So again, we look at the history and quality of the relationship with the child and each parent. We look at the bond that the child has with each parent. We look at your ability to support each parent’s relationship with the child. We look at practical factors in terms of are you going to be able to actually step up and exercise the parenting time that you are awarded by the court?
Well, yes and no. First off, children are going to know if you’re separating from your husband, or your partner, or your spouse. You need to talk to the children about the fact that mommy and daddy, or mommy-mommy, or daddy or daddy, depending on the circumstances, aren’t going to be together anymore. It doesn’t mean that either parent doesn’t love the child. You want to make the children feel secure. If there’s going to be a change in living situation, you need to talk to the children about that.
First off, you should expect that the judge is going to expect that you’re going to be prepared to present your case. You need to think about logistics. In other words, if you are arguing that you should have the children most of the time, the judge is going to want to know whether or not you realistically can get them to where they need to be, when they need to be there. Can you get them to school on time? Can you pick them up from school on time? Does your work schedule support what you’re asking the court to do?
A Cohabitation Agreement is an agreement between two parties who are not married who want to live together. It’s important to get a Cohabitation Agreement if you are going to live with your boyfriend or girlfriend and you are going to acquire a property together. For example. You’re going to move in with your partner and you are going to get a house together. What are your rights and responsibilities regarding that house should you separate? It’s important to think about that now before you enter into that relationship so that you have that spelled our sot that each of you know what your responsibilities are with relationship to a house, for example.
First off, you should expect that the judge expects you to be prepared to present your case. Keep in mind that these judges have very busy dockets. They don’t know you from the next person, so when you go into court, you’ve got tell the judge your story. You have to clearly and effectively communicate your situation, what you want, and why, so you need to be prepared to present your case.
The next thing you should expect when going to divorce court is making sure that your exhibits are arranged, they’re in order, that you are presenting all the documents to the judge for his or her review. The judge can only consider evidence that’s been presented to him or her, so if you have documents that support your position, you need to make sure that they are organized, that they are labeled, that they are marked, and that also you are in compliance with the case management order that the court has issued. Every court is going to issue a case management order and/or a trial management order that’s going to outline your responsibilities in presenting and preparing your case for court. You need to be in compliant with the case management order.