Archive for Child Custody

Family Law Lawyer Colorado Springs Child Family Law

If you are in the middle of a separation, you need to understand about child family law in your state and how it will impact you. If your divorce involves children, it will be beneficial to know what the particulars will be in your situation says Family Law Lawyer Colorado Springs. These will be the most important decisions you face – it’s imperative that you learn all you can about child family law before you go to court or settle. What does child family law entail? Child family law incorporates everything from child custody, visitation, child support and more in relation to divorce, separation and annulment.

Rights

Are you concerned about child custody and visitation rights during and after your divorce is final? Typically, family courts will be dedicated to encouraging the family dynamic, promoting the presence of both parents whenever healthy for both the child and parent. The court will allow visitation schedules and share the rights of the child or children between the parents whenever possible. Whereas child family law used to favor the mother and would discourage a father from taking a child overnight because it could be “unhealthy” for the infant, the court’s position has shifted dramatically and mothers no longer have the law automatically on their side. Typically the courts now favor joint custody arrangements based on the importance of both parents’ presence around the children explain Family Law Lawyer Colorado Springs. Both parents have responsibility to support their children financially. When a divorce occurs and one parent has physical custody of the children, that parent’s responsibility is fulfilled by being the custodial parent. The other parent then makes a child support payment which fulfills that non-custodial parent’s financial responsibilities. In the case of joint custody, the amount of child support each pays is normally calculated by the court considering the percentage each parent contributes to the couple’s joint income and the percentage of time each parent has physical custody of the children.

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Family Law Lawyer Colorado Springs Child Family Law

Support

Another aspect of the child family law is the payment and financial support of the children. It is in the interest of the courts to ensure that your children are well taken care of. The parents are equally responsible for the well-being of the child. If the mother takes primary custody of the child, for example, and does not have an income as large as her husband’s, she can petition for financial support through child support. Depending on what state you live in, you can get child support based on child family law. The law typically dictates that financial support will continue until the child is 18-years-old or 19-years-old (if still in high school). Child support is a topic which tends to polarize all parties involved. Although in some situations, mothers pay child support to custodial fathers, in the vast majority of cases, mothers are the custodial parents and non-custodial fathers pay child support says Family Law Lawyer Colorado Springs. So, how does the child support system work, and what does a father need to know in order to manage his obligations? The obligation to support a child is not conditioned by marriage. If you are a parent, you have responsibility to financially support your offspring. A permanent change in child support is often considered when income changes due to a remarriage, either parent has a job change that affects ability to pay, or the child involved has new and different needs than were contemplated when the original amount was set.

Domestic Violence

While this is the best arrangement for most kids, when dealing with an irrational, abusive or vindictive ex, it can make the child custody arrangements extremely difficult. In these cases, it’s imperative that you know about child family law because there are things you can do to make it easier on you and your kids. Concerns relating to child abuse are twofold. If you are being accused of child abuse, you can lose custody and visitation of your children indefinitely; where on the other hand, if your spouse or ex-spouse is physically, emotionally or sexually abusing your children, you will want to remove them from harm’s way.  Contrary to what some abusive or vindictive people will have you believe, there is immediate help available if you leave your spouse and have no means to support them. Domestic violence forums are a great source of information on this as well as local domestic violence shelters. Learn more about how child family law works in your state to see how it will impact your future separation and divorce proceedings explains Family Law Lawyer Colorado Springs. If you are a victim of spousal abuse or if your children are victims of child abuse, a qualified attorney can help get you out of the dangerous situation. They can help you file any necessary restraining orders so your abuser can be ordered to stop the abuse. Your lawyer can also help you with the legal aspects pertaining to divorce, child custody and visitation. Making a mistake will only do more harm than good and it can continue to place your child in a dangerous situation or environment. If you were accused of child or spousal abuse, you will need legal representation as well. Unfortunately, parents are falsely accused of child abuse all the time. This is especially true in the cases of bitter breakups or contested divorces. Often times one parent will falsely accuse the other parent of physical or sexual abuse against themselves or their minor children in order to gain an edge in a child custody battle.

Family Law Lawyer Colorado Springs Child Family Law

Family Law Lawyer Colorado Springs: What is the Difference in Witnesses?

A witness is someone who has, who claims to have, or is thought by someone with authority to compel testimony to have, knowledge relevant to an event or other matter of interest. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what he or she knows or claims to know about the matter before some official authorized to take such testimony. A percipient witness or eyewitness is one who testifies what they perceived through his or her senses say Family Law Lawyer Colorado Springs. That perception might be either with the unaided human sense or with the aid of an instrument.

Preparations

It is not cheating to prepare your witnesses. To best prepare your witnesses for the direct examination, write out the questions you will ask them at trial. Practice asking your witnesses these questions. Prepare an Offer of Proof that you will say to the judge to help you focus their testimony say Family Law Lawyer Colorado Springs. To prepare them to be cross-examined by the other side, talk with your witness about what questions the other side might ask them. Remind your witness that they must always tell the truth. Emphasize that they are not allowed to make up stuff. It is ok to say, “I don’t know” or “I don’t remember” or “please rephrase the question because I don’t understand.”

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Family Law Lawyer Colorado Springs: What is the Difference in Witnesses?

Expert Witnesses

Expert witnesses who are available to consult and testify regarding family law may be found here. These consultants may advise concerning domestic relations orders, marital separation, divorce, and marital dissolution. Family law experts found on this page may provide reports involving separate property, community property, alimony, and marriage. They may also testify regarding child support awards, child abduction, annulments, property settlements, child custody, child visitation, and child support awards, as well as related topics. Someone who is not on the witness list is a rebuttal witness explains Family Law Lawyer Colorado Springs. This person’s testimony is suddenly needed to rebut something unexpected that another witness said. For example, your ex testifies that your child is sick so often because you will not do what the doctor says. You call the doctor as a rebuttal witness to explain how well you care for your child, who has numerous medical conditions that result in frequent illnesses.

What if a key witness says they won’t come to court?

You may subpoena a witness that tells you he or she will not come to court to testify. A subpoena is a court order requiring a witness to show up in court for a specific reason explains Family Law Lawyer Colorado Springs. The court has different forms to use for subpoenas: “to appear” which are used for witnesses to appear and testify, “to appear and produce” which are used for witnesses to appear and produce specific evidence, and to take a deposition.

Family Law Lawyer Colorado Springs: What is the Difference in Witnesses?

 

Family Law Lawyer Colorado Springs: I want a Divorce How do I do this?

When a marriage doesn’t work out, it is sometimes best to simply just dissolve the marriage, which is most commonly known as a divorce.  A divorce is defined as “the final termination of a marriage, cancelling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between two persons.”  Many issues come up during a divorce, such as: types of divorce, filing for divorce, divorce and children, marital property division, possible interim separation, and spousal support.  With so many factors to consider and the uniqueness of situation in different couples, many questions are bound to come up, some specific to one case, while other questions are more common-themed states Family Law Lawyer Colorado Springs.

Are You Sure?

First off, you should be absolutely certain you want to get the divorce expresses Family Law Lawyer Colorado Springs. The break-up of a relationship, especially a marriage, is a very emotional event and some people change their minds later on. If you are going to get a divorce, you should understand that this will require going to court, paying for legal counsel, dividing property, making decisions about child custody and visitation, etc.

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Family Law Lawyer Colorado Springs: I want a Divorce How do I do this?

Yes I’m Sure

It is important to keep any funds you earn separate once you decide to get a divorce. You are going to need that money for legal counsel, filing fees and possibly more things such as moving expenses, fees to open new bank accounts, insurance, etc. If you do not have a separate checking or savings account, get one says Family Law Lawyer Colorado Springs. You need to be aware of the property division laws in your state. You will not be permitted to take more out of a join account than you are entitled to; however, you may decide for reasons of practicality that it would be a good idea to take your half out of the joint accounts in order to avoid the other spouse stealing the money and possibly not having it when property division orders are issued. Divorce is a serious step and you should also consider how your spouse will react to the news. Consider his/her possible reactions and plan accordingly.

Legal Separation

A pre-divorce legal separation takes just as long to negotiate as a divorce, and is just as complex and expensive. Yet, legal separation may be a good idea where each spouse is positive that they will never want to re-marry or reconicle with their spouse, but there are external demands that make a divorce impossible or disadvantageous. For example, a legal separation is advantageous in situations where one spouse’s health insurance provider would cut off the coverage of an ill ex-spouse within a certain period after a divorce became final.  Further, there could be religious bases for a legal separation over a divorce. You would need to petition the family court for an order of legal separation, and you must execute a binding, court-approved agreement covering permanent division of the marital property, child custody and visitation, child support and, if appropriate, alimony payments.  You should consult with Family Law Lawyer Colorado Springs to discuss your jurisdiction’s laws and procedures for legal separations. If needed, your attorney can also help you find third party counselors or mediators who can facilitate your attempts to save your marriage.

Family Law Lawyer Colorado Springs: I want a Divorce How do I do this?