A Parental Responsibilities Evaluation is conducted in the context of a contested child custody situation. You and your ex don’t agree on what is in the best interest of the children, and perhaps you have concerns about the other parent’s mental stability, drug and alcohol use, emotional stability, and you don’t think that a Child and Family Investigation, which would be the less expensive alternative, is going to be detailed and in-depth enough for your particular situation. A Parental Responsibilities Evaluation is conducted by a mental health professional who has the ability to do psychological testing, so we ask for that when we think they’re might be some underlying psychological issues that need to be dealt with by the court.
Going through a child custody trial can be a confusing and overwhelming time. It can be hard to figure out what the right steps to take are. Jennifer Lewis offers her advice on what you should do to have a successful child custody trial in the video below.
For more information about filing for divorce, how divorce works, or any other family law matters in Colorado, contact Lewis & Matthews P.C. today, http://matthewsfamilylawyers.com/
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“A parenting plan can be modified by either an agreement of the parties … let’s just say that you’re able to agree with your ex that certain provisions of a parenting plan aren’t working for you and it should be changed. You can enter into a stipulation modifying your parenting plan.”
What are typical remedies when a parent stops paying child support? This is a question that I get asked quite frequently. The most common remedy is a contempt proceeding. A contempt proceeding is initiated by filling a affidavit and a petition for a citation in contempt with the court. In this pleading you set forth why the court should issue a contempt citation. The court will review your paperwork and if the court agrees with you and your arguments, the court will issue a citation for the other party to appear and show cause why he or she should not be held in contempt of court. You must serve your petition and citation and affidavit upon the other party about 21 days prior to the hearing. At that point, the party who is alleged to be in contempt must appear before the judge and explain why he or she is not paying their child support obligation.
How are child decisions determined during a contentious divorce proceeding? This is one of the toughest issues that a family law attorney faces, is where both parents aren’t able to agree regarding what is in the best interests of their child or children. That is really what the court looks at, what is in the best interests of the children? That’s the focal point. Not necessarily what each parent wants, but what is best for the kids. There are a number of factors that the court considers under the statute, which is Colorado Revised Statute 14-10-124 entitled best interests of the children.
When can child support payments be modified? I get asked this question quite a bit. The applicable statue is 14-10-122. Essentially modification can occur under several circumstances. The most common circumstance is a change in income or number of overnight visits with the other parent that results in more than a 10% change in the support obligations that’s due. A change of that degree is considered a substantially continuing change in circumstances.
Other basis for modifying child support are less common and that would be if there isn’t a provision in the child support order that addresses the payment of health insurance and insured co-pays and civil or medical expenses for the child. You don’t see that as often because usually the courts address that in the original order.