Support Through Your Family’s Toughest Transitions

Separate bank accounts may be considered marital property in a divorce settlement in Colorado, especially if either party opened or contributed to them during the marriage. Our attorneys can help you understand how the court distinguishes between marital and separate assets in the property division process.

A mother cannot deny a father’s rights to visitation unless there is a court order or other legal proceedings in place to prevent the father from spending time with the child. If your child’s other parent is denying you visitation, speak with our attorneys about your legal rights and options. We can help you seek a custody order that clearly defines both of your parental responsibilities and rights.

Appeals are a unique area of law, and you should look for an attorney that has experience filing appeals. There are specific deadlines and rules of procedures that apply to appeals that do not apply to other areas of law. For the best chance at a positive outcome, your attorney should have experience in filing and defending appeals.

You can certainly bring a supportive person to your appointment. We understand that this is a difficult time and having your support system around you can be a key to success. However, you need to be aware that we then do not have confidentiality. That person could later be asked to testify to what was said during that meeting. Please never bring children to the appointment, they do not need to hear what is being said and can often be distracting or emotional to the parent.

Unless you agree to make maintenance non-modifiable, it can potentially be changed later if there is a change in circumstances sufficient to show that the original amount is now unfair. For example, if one party was not working at the time of divorce and a few years later is earning a significant income and does not need maintenance, you may be able to reduce or terminate it entirely.

Yes, if there is a 10% change in the amount of child support based upon the guidelines compared with the current amount, your child support order can change.

It is typically not a good idea to have one attorney represent both partners in a divorce. Each party should retain their own legal counsel to advocate for their interests and protect their rights. If your spouse is not currently working with us, reach out today for a consultation. We would be happy to refer your spouse to another local family law firm for assistance.

A parent generally cannot legally keep their child from the other parent without a court order. Even non-custodial parents have visitation rights unless a court order states otherwise. If you believe your child is at risk of harm under the other parent’s care, speak with our attorneys about pursuing a restriction of parenting time. This urgent order would temporarily stop the co-parent’s parenting time before a hearing to modify the parenting plan.

Yes, both of our attorneys have over 10 years of experience with family law litigation. We are prepared to represent you both inside and outside the courtroom with compassionate representation and hands-on care.

You may not always have to go to court for a divorce in Colorado. If the divorce is uncontested and both parties agree on all matters, the court might issue its decree without a hearing. Our family law attorneys in Parker, CO, can explore alternative dispute resolution methods to potentially avoid going to court for your divorce.

It is a good idea to seek an official modification of the court order, even if all parties are in agreement. For example, perhaps you and your child’s other parent have agreed to make parenting time changes that no longer reflect the court order. Adjusting the child custody order to reflect these changes prevents either parent from going back on their word or claiming that the other parent was in contempt of court. When all parties agree on modifications, the court can approve them relatively quickly.

We generally would only represent one spouse in a divorce. Each spouse should retain their own legal counsel to ensure an unbiased approach to their case. Representing both spouses in a divorce case might be a conflict of interest.

In Colorado, children 12 and older must consent to their own adoption. Your child will sign a consent form in the privacy of our offices or from the comfort of your own home. The consent is filed along with the other documents. Your child may also be asked questions during a hearing.

The only difference in Limited Representation and traditional representation when it comes to the advice we give is that you are in control of the information in a Limited Representation. Your attorney only knows what you tell them, so our advice is limited to that information. In a traditional representation situation, we have access to the Court file, opposing party/counsel and all documents so the advice is much more global and well-rounded. Limited Representation requires that our clients are able to communicate fully the information needed in order to give appropriate counsel.

A father might lose custody rights if the court determines that he is an unfit parent or presents a risk to the child. If you believe these claims are unsubstantiated, your attorney can help you provide evidence countering this argument.

That all depends on the Orders that need enforced. Orders related to child support can potentially be enforced through the Court or through Child Support Enforcement. Other Orders can go through the State, or even the IRS. One of our attorneys can help you determine the best course of action.

Your Orders need enforcement if the other party is not doing what he or she is supposed to do under the Orders.

Colorado aims to award 50/50 custody to parents when doing so would be in the child’s best interests. However, our law firm has seen that the Colorado family court sometimes favors the mother when making custody decisions. We provide legal services to help men uphold their rights throughout the family law process and dispute biases based on their gender.

This depends on many things, but the biggest factor will be both parties’ incomes and how long the marriage is. Colorado has guidelines in place that start at about 30% of the length of the marriage and up to indefinite after 20 years of marriage. Many maintenance awards are for half of the length of the marriage. The amount is based upon a math formula which combines the income of the parties and subtracts out a certain percentage of it. This amount has been adjusted in the past few years due to tax changes at the federal level. It is roughly 30-30% of the total income after subtracting the lower earner’s income.

You do not have to be married for any specific amount of time for the state’s equitable distribution policy to apply to your divorce. In some cases, couples who have been married longer may have accumulated more marital property than ones who have only been married for a short time.

Adoptions are a multi-step process that can take a significant period of time. There are a lot of waiting times involved as fingerprints and background checks must go through appropriate channels, such as FBI, CBI and TRAILS. It also may take some time to locate and/or serve the biological parent. The timing of filing the adoption is important, so it is vital that you have an experienced attorney to help you through this process.

The court will set a date to discuss the modifications to a child custody order a few weeks or months after the request. The judge typically makes their decision to approve or deny the modification request at this hearing. If you believe your child is in danger under the current custody arrangement, contact our attorneys for assistance with filing a restriction of parenting time order to temporarily stop the other parent’s custody until the hearing.

The court charges filing fees to modify court orders. The fee for a motion to amend, alter, or modify a decree or order more than 60 days after it was entered is $105 in Colorado. Other court fees may also apply. If you are unable to pay, you can submit a Supporting Financial Affidavit to the court to request that it waive the filing fee.

This is the great thing about Limited Representation! You are in control of how much you use your attorney. Because the attorney is not acting on your behalf with the Court or an opposing party, it’s up to you to contact your attorney with a question or to help you draft documents.

At Palmer Family Law, we pride ourselves on quick responses. You can expect to hear back from your attorney within one business day. It is important that our clients have access to their legal representation and are not waiting long to have their questions answered.

A restriction of parenting time is immediately effective after you file it with the Court. This means that the moment you file your motion to restrict, your child should automatically be with you. Sometimes this requires legal or even police intervention if your child is with the other parent. If you are concerned about the timing of filing your restriction, be sure to raise this with your legal counsel. Palmer Family Law can help you decide the most strategic timing for a restriction filing.

If the other biological parent has abandoned the child, either emotionally or financially, a step-parent adoption may be a great option for you. You need to be married to one of the biological parents, have been living with the children, and be willing to take on all of the legal and emotional support obligations of the child.

Not necessarily. The Court has the legal authority to impute income to a person (which means determine what someone is capable of earning) related to allegations of under or nonpayment of a financial obligation.

You start with hiring counsel who has experience filing and defending against contempts. You will need your current orders, as well as proof of the order that has been violated.

Colorado is not a 50/50 child custody state. This means there is no legal requirement for the court to split custody equally between both parents. Instead, a custody order should reflect what is best for the child. Equal parenting time and decision-making responsibility would only be awarded if this arrangement would be in the child’s best interests.

Colorado is a marital property state, not a community property state. While community property states automatically divide assets acquired during the marriage equally between both spouses, Colorado seeks to divide assets fairly, not necessarily equally. This may involve awarding a higher percentage of assets to a lower-earning spouse.

Family law and estate law are two distinct areas of practice. Our law firm focuses on family law matters such as divorce, spousal support, and child custody. We do not assist with estate planning law but would be happy to refer you to a local law firm that does.

Self-employed individuals’ income is determined in large part based upon their business revenue less their reasonable and necessary business expenses. They cannot simply pay themselves minimum wage and live off of their business profits and avoid paying child support as a result of that. You will need to prove their true income in order to get the right child support orders. Having competent counsel is very important in this regard.

Unfortunately, that is not true. Child support is legally the right of the child, not the parents. You are not allowed to “give away” that right of child support. While a Court may allow parties to agree to no child support, it is only for good cause and typically only if the amount owed is relatively small. Otherwise, the Court will enforce the child support guidelines.

Not necessarily. Common law marriage is about far more than filing joint taxes. The most critical factor in these cases is that the parties to the alleged marriage “held themselves out as married.” This means that the community (family, friends, world at large) believed that you were married and that you referred to each other as husband or wife, said you were married, etc.

Child support is based upon a number of factors only one of which is the parenting time schedule. If one person earns significantly more income than the other, they will likely owe child support even if it is a 50/50 schedule. There are also credits for health insurance and child care which factor in that may result in a child support obligation, even if the parties make the same amount of money and have equal parenting time.

This is a common misconception. Just because you have been living together for a set period of time does not mean that you are automatically considered married. There are a number of factors that a Court has to consider and weigh when determining if you are married.

There a numerous options that can result from a restriction hearing. The Court can always find that continuing the restriction is not in the best interests of your child. The Court could determine that parenting time should continue as normal, but with some safeguards in place such as regular substance testing or anger management classes. You could also end up with your regular parenting time schedule changed entirely, or find yourself with a custody evaluator (a CFI or a PRE) in a modification procedure. When you file a restriction, you should be prepared for all outcomes.

To start the divorce process in Colorado, one spouse must have lived in the state for at least 91 days. There is then a mandatory 90-day waiting period after filing before the court can enter the divorce decree. Colorado is a no-fault divorce state, meaning the only required ground for divorce is that the marriage be irretrievably broken. There is no need to prove fault or wrongdoing by either party.

For a man to receive full custody of his child, he must prove that this arrangement would be in the best interests of the child. This might involve showing that the other parent having custody would endanger the child, that the other parent is unfit, and that the child wants their father to be their full-time caregiver.

You will need to bring a copy of your Orders, as well as a list of what you believe are the errors in the Order. The more information you have at the first meeting, the better advice we can give you.

A family law attorney handles a wide range of cases involving the family court, often including divorce. However, not all divorce attorneys in Parker represent a broader spectrum of legal cases. It is important that you work with an attorney who has experience with your specific type of case.

Family law refers to a broad area of law involving matters such as marriage, divorce, adoption, child custody, and more.

Fathers have the same rights to child custody as mothers in Colorado. They may seek physical custody and decision-making authority. To strengthen their child custody case, fathers should show a strong and nurturing relationship with their children and demonstrate active participation in their lives. This would make a judge more likely to award them shared custody.

When a man establishes paternity, he generally gains the same rights as the child’s mother. These rights may include visitation, custody, child support, and more. Court orders can further define the father’s specific rights within the familial relationship.

• Any current paperwork from the Court or opposing party
• A list of questions that you want to ask
• Information you have about unique assets or Orders from other cases that may impact yours

Our initial consultation is free! We believe it is important that you feel comfortable with your representation, and that you have explored your options. We have flexible hours and methods of conducting consultations to make it as easy as possible for you to make the best decision for you and your family.

You have 49 days from the date of the signed, written Order. It’s important to act fast!

If you believe that your child is in imminent emotional or physical danger while in the care of the other parent, you should file a restriction of parenting time. Keep in mind that you will have to prove your assertion in Court, so you will need to consult with your attorney on what information can and cannot be used in a hearing.

You may want to hire a family lawyer if you are navigating a family law matter in the local courts and are unsure of how to proceed. An experienced family law attorney can advocate for your rights and provide legal guidance.

It is a good idea to have a family lawyer on your side if you are navigating (or thinking of pursuing) any legal processes involving your family. An attorney can guide and support you through a range of legal matters, including divorce, child custody issues, adoption, child support disputes, and more.

The court may allow one spouse to keep the family home in exchange for the other spouse keeping other assets of similar value. In many divorce cases, the couple sells the home and divides the proceeds equitably. This is common in cases in which one party could not afford the mortgage payments on their own. Our attorneys can help you draft a marital settlement agreement that you and your spouse can both agree on.

The court determines the division of a marital home through an equitable distribution policy. This might mean awarding the home to one spouse while awarding other assets that add up to a similar value to the other spouse. The court may also consider child custody arrangements when determining who will keep the home. The spouse who keeps the home will need to afford mortgage payments on their own. In some cases, it makes more sense to sell the home and split the proceeds.