Denver Child Custody Lawyer

Going through a divorce is a very trying time.

There’s simply no sugar coating it — divorce is one of the hardest challenges you will go through in life. Yet, sometimes it is simply unavoidable. As an experienced Denver child custody and divorce attorney, as well as someone who has been through a divorce, I know the emotions that you are going through right now.

When children are involved, emotions can be are exponentially higher. I understand the conflicting emotions you feel with separating from your partner or spouse while your young ones face a dissolving family unit. My job is to help you facilitate a smooth transition and make sure your children’s interest remain above everything else throughout the divorce proceedings.

What should you expect from your divorce?

Divorce is complicated. It is not uncommon, and in fact natural, for both parties to want to retain custody of the children. But when you are getting a divorce or separating from your partner, you must work out a parenting plan that designates when each parent will have parenting time with the children.  Unless you and your spouse come to a mutual agreement, the court will determine a parenting plan that is in the best interests of the children. This is why getting a great family law, and child custody lawyer is critical.

Contact me, Jennifer Lewis, to learn more about Mother’s Rights during Child Custody proceedings.

What happens if you lose custody?

If your ex is awarded more parenting time with the children it does not mean you have lost your parental rights, nor are you free from your parental obligations. When you get a divorce, you are divorcing your spouse, not your children. I will continue to advocate for you every step of the way.

If you are the non-custodial parent, we will work to create a favorable parenting plan. It is in the best interest of your children that they continue to see both parents on a consistent basis. Developing a successful parenting plan is one of the most important parts of a child custody case.

As the non-custodial parent, you may also be ordered to pay child support. The family court will determine your monthly obligation based on several factors, including your income and the amount of time that you have with your children.

What if you have a non-traditional divorce?

There are some scenarios that make a child custody case a little more complicated. For example, if you helped raise a child who is not legally or biologically yours, you may want to arrange regular visits with the child. The fact that you are divorcing their parent does not eliminate the bond that you have built with their children.

Though these cases are a little trickier, I will fight for your rights with just a much passion as I would if they were your biological children. Being a parent is about the love you share with a child, not DNA. The courts have recognized this, but it is imperative that you are represented by someone who can make sure you know your rights.

If you have children, you know that it is important that you remain strong, not only for yourself but your children as well. Divorce can be emotionally draining, but as a compassionate Denver child custody lawyer, I’m here to help you get through it.  I will guide you through the process and make sure that your and your children’s lives remain as normal as possible.

If you have an initial question that isn’t covered here, please reach out to me today at: 303-329-3802

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Individuals that have been awarded child support often have concerns over whether the other party will consistently make child support payments and what they can do if those payments stop.

Child support is an order of the Court. When a Court order is not followed, the Court has broad powers to enforce that order. Given the circumstances of your case there are a number of options to assure that child support is paid in accordance with the Court order.

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If the other party in your child custody matter is not complying with the Court’s Order regarding parenting time you may file a Verified Motion Asserting Non-Compliance. The Court will respond to the Motion and any response from the other side within 30 days. The Court will respond to the Motion by either denying it, setting the matter for hearing or requiring you to mediate the dispute and report back to the Court on the results of the mediation.

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Individuals paying or receiving child support often have questions concerning their ability to modify the child support payments that were originally ordered by the Court.

Process for modifying child support in Colorado

Child support payments are always modifiable if certain conditions are met to the satisfaction of the Court.

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There are times when a change of circumstances or parenting concerns leads individuals to wonder if they have the power to modify an order of the court concerning primary residence, parenting time or decision making.

In Colorado, differing standards apply given the level and kind of change that is being requested.

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Colorado law does not use the word “custody” in its legal terminology; instead, it refers to parental “responsibility”, which includes decision-making and parenting time (formerly called “visitation”). In other words, the law distinguishes the right to make important decisions for the child from the right to actual physical parenting time, and may split the responsibilities up differently.

Parents who need to relocate for work or personal reasons often want to know if the court will change parenting time. If the parent who does not have the majority of the parenting time needs to relocate, he or she can ask the court to modify the parenting schedule to fit his or her new circumstances. The court will use the “best interests of the children” standard to decide on a modification of parenting schedules. This is provided that the children will not be moving from their primary residence.

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Individuals may wonder when a stepparent may legally adopt the biological child of their marital partner.

Colorado recognizes the special circumstances of stepparents with laws that specifically relate to stepparent adoptions. These laws require that the natural parent be legally married to the stepparent. Co-habitation alone is insufficient to trigger laws that are specific to stepparents however other adoption laws can apply.

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Individuals may wonder if grandparents have the right to ask the court for visitation rights with their grandchildren. In Colorado, grandparents do have the right to ask for visitation rights under certain conditions.

A grandparent can seek a court order, in the county where the child resides, granting the Grandparent reasonable visitation with their grandchild if:

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In 2007 Governor Ritter signed a bill into law entitled the “Uniform Child Abduction Prevention Act”. The purpose of the Act is to deter domestic and international child abductions by parents or persons acting on behalf of parents, before during or following divorce.

The UCAPA gives Colorado Courts broad powers to impose abduction prevention measures at any time.

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Even if two parents have never been married, they both still retain rights similar to those enjoyed by parents who were once married. Additionally, they can still seek a legal agreement dictating the custody (parenting time, decision-making) of their child—this is what is called “Allocation of Parental Responsibilities”.

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Colorado divorces that involve child custody issues can impact your family for 20 or 30 years. The firm’s founding partners went through painful divorces of their own and have been feeling the ripple effects ever since.

The personal experiences of our founders led them to create pioneering techniques and a unique approach that our Colorado child custody lawyers use to minimize damage.

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A divorce is difficult and the effects can be felt for decades after the marriage officially ends. When spouses have children, the stakes are even higher and the possibility of long-lasting emotional damage is high.

Our founding partners experienced the anguish of divorce and all of the painful mental and emotional repercussions that accompanied it. They were driven to create a unique and innovative service that provides top-notch legal services, all while keeping your mental and emotional well being the utmost priority.

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The judge will calculate the child support amount with a pre-determined formula (Colorado Child Support Guidelines). Unless someone presents evidence of special circumstances, that amount will stand.

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Individuals paying or receiving child support often have questions concerning their ability to modify the child support payments that were originally ordered by the Court.
Child support payments are always modifiable if certain conditions are met to the satisfaction of the Court.

Read More >

There are times when a change of circumstances or parenting concerns leads individuals to wonder if they have the power to modify an order of the court concerning primary residence, parenting time or decision making.

In Colorado, differing standards apply given the level and kind of change that is being requested.

Read More >

Matthews Family Lawyers