General

Grandparent Custody

21 Oct: Grandparent Custody and Visitation Rights in Colorado

In Colorado, grandparents do have the right for grandchild custody and visitation. There is a statute that allows grandparents to file a motion and establish their visitation in the county the grandchild resides. However, this can be difficult. The motion must be filed as an underlying action under such things as dissolution of marriage between the grandchild’s parents or an Allocation of Parental Responsibilities proceeding. Due to the need for a filed motion, grandparents are…

14 May: The Cost of Divorce or Child Custody Cases

 “description”: “For more information about working with an estate plan attorney in Denver or other family law matters in Colorado, contact Lewis & Matthews P.C. today. What is the cost to create an estate plan? The cost of creating a state plan is dependent upon the complexity of your estate and your specific needs. We charge on an hourly basis and we will sit down and work with you and so we usually take…

blog1

26 Apr: What are parenting classes and will I need to take them?

In Colorado, a parenting class is required in all dissolution of marriage or allocation of parental responsibility cases. Upon the commencement of the case, the court will issue a case management order, and one of the aspects of that case management order is the requirement for both parties to take a parenting class. The focus of that parenting class is co-parenting after divorce, or after separation, and the class is usually about four hours. It’s…

blog1

26 Mar: Visitation and Child Support

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…

blog1

17 Mar: What To Expect Post Divorce?

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…

blog1

02 Mar: Will I Lose My Retirement or 401K During A Divorce?

This depends on the assets that are available in the case. It also depends on whether or not you had that retirement account prior to the marriage. If you owned that retirement account prior to the marriage, the balance in that account as of the date of the marriage is your separate property and is not subject to division. Where people run into difficulties is they have a really hard time proving what the balance…