What should someone do if one parent is preventing visits with their child? The first thing you need to look at is whether or not there is a parenting plan in place because that is what we’re seeking to enforce. If there’s no parenting plan in place, then either parent has an equal right to the child and there’s really nothing that you can do in terms of parenting time unless you have an order…
Do grandparents have custody and visitation rights in Colorado? The answer is yes, grandparents do have the right for custody and visitation in Colorado. There is a statute that allows a grandparent to file a motion to establish grandparent visitation. The catch is that that motion has to be filed in an underlying action such as a dissolution of marriage action between the parents or an allocation of parental responsibilities action. Grandparents don’t have the…
If child support payments are not being made, should child visitation continue? Actually these are two separate issues. Whether or not you’re paying child support or receiving child support is a separate issue from parenting time. This is a mistake that a lot of parents make. They think that because one parent is not paying child support, they should not be able to have parenting time with their child. That’s not the case. They are…
What happens post divorce? We have to look and see are there any assets that we need to complete their division. After the divorce decree is entered, a lot of times we are dividing up a retirement account. The issue then becomes is this a 401(k) account that requires a qualified domestic relations order? Is this a para or pension account that requires a division via an approved qualified domestic relations order? If this an…
What is a CFI as compared to a PRE? CFI stands for Child and Family Investigator. PRE stands for Parental Responsibilities Evaluation. So when do you need one of these experts? The court can appoint a CFI or a PRE if there are disputes regarding parenting time, decision making, what is in the best interests of the child. A Child and Family Investigator (CFI) is typically an attorney or a mental health professional, usually a…
