Common Myths Associated With Child Custody Cases

Written by Law Office of Greg Quimby, P.C. on . Posted in Child Support, Divorce/Separation, Parenting Time

Legal issues related to family law can be difficult for many people to understand, especially because emotions and tensions are often high when discussing these issues. Child custody is a difficult topic to approach, especially when two people dearly love a child.

Since emotions are often so high in the child custody process, many people fall prey to common myths associated with child custody. Here are some of the most common myths.

When Is Sole Custody Appropriate?

Written by Law Office of Greg Quimby, P.C. on . Posted in Parenting Time

When you divorce and have children together, one of the most important parts of the process is the arrangement of custody. Different types of custody arrangements exist for a variety of circumstances. In some cases, one parent may believe they should have sole legal and physical custody of the children.

The determination of sole custody is difficult, as it implies the other parent is not fit to make legal decisions or have physical custody of the children without permission from the sole custody holder. The idea of sole custody is difficult to contend with and is typically awarded in severe circumstances. The following are some reasons why one parent may receive sole custody.

History of Abuse

Relocation of Children Out Of Colorado

Written by Greg Quimby on . Posted in Parenting Time

There are times when a parent would like to relocate outside of Colorado and take the child or children with them. This typically requires the consent of the other parent or an order from the court. We live in a town where many people come here or leave here because of military transfers. There are times when couples split, when one would like to move back to where his or her family is located. That is never a problem but moving the children can be a very difficult process. Divorce is tough enough on kids by itself but when one parent chooses to relocate to another state, whether or not they take the children, this causes turmoil in the children’s lives.

                There are two scenarios when a parent requests to relocate out of Colorado and take the children. The first scenario is right after the initial break but before the court has entered Final Orders. It is always better to see if an agreement can be reached between the parents. If you can’t reach an agreement than the court needs to step in and make a decision. At this juncture the court must accept the location where the relocating parent wants to live. Then the court needs to determine the appropriate parenting time. Typically, if one parent has been the most involved parent with the children, the court allows that parent to take the children to the new location.

                The second scenario is when one parent wants to relocate the child or children out of Colorado after Final Orders. Again an agreement between the parties is always better. When the court is called upon to make a decision in this instance, the factors are much more elaborate. The court is required to make 21 separate findings under the current case law. The reason that this is more difficult is because there has already been a Final Order of the court. The parent who wishes to relocate has an equal burden with the other parent to show that this move is in the best interest of the child or children.

Under the first scenario the reason for the move is unquestioned and automatically accepted by the court. Under the second scenario the reason for the relocation will also be examined as one of the 21 factors. As you might imagine, both sides must present evidence to the court on all these factors which can be extremely complicated.

As every situation is unique, you should consult a child custody lawyer at the Law Office of Greg Quimby, P.C. for advice regarding your individual situation.  The information you obtain at this site is not legal advice nor is it intended to be legal advice.

Child Support Versus Parenting Time

Written by Greg Quimby on . Posted in Parenting Time

There is a misconception that a parent who pays child support has the right to have parenting time with his or her children. The two are not connected in that way. The payment of child support from one parent to the other is for the benefit of the child or children. It is based on numerous factors. The parenting time assigned by the court is based on a single act - the best interest of the child or children. The factors addressing the best interest of the children are outlined in the Colorado Statutes and the following are some of those factors:

(1) The wishes of the child's parents as to parenting time;

(2) The child's bond with his or her parents, his or her siblings, and any other person who may significantly affect the child;

(3) The child's adjustment to his or her home, school, and community;

(3) The mental and physical health of all individuals involved;

(4) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party (exceptions may be allowed in situations where one parent is trying to protect a child from domestic violence, child abuse or neglect);

(5) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;

(6) The distance between the parents;

(7) The ability of each party to place the needs of the child ahead of his or her own needs.

An attorney that specializes in child support, parenting time, and custody decisions can explain these factors in greater detail. The attorneys at The Law Office of Greg Quimby, P.C. located in Colorado Springs, CO are well versed in this area.

The information you obtain at this site is not legal advice nor is it intended to be legal advice. You should consult a child support lawyer or a child custody lawyer for advice regarding your individual situation.

Our initial consultations are free.