THE MARRIAGE ZONE
Child Custody
By
Christopher C. Meyer September 2009
Colorado no longer uses the term “Child Custody”. Instead, such matters are referred to as “Parental Responsibilities”. Parental Responsibilities are divided into “Parental Decision Making” and “Parenting Time”.
In all cases involving children a “Parenting Plan” must be submitted to the Court.
A Court will approve the Parenting Plan if it is in the ”best interests” of the children. The parenting plan must include provisions for parental decision-making and parenting time.
Parental decision-making involves decisions that affect the child such as where the child goes to school, what church the child attends, what doctor the child sees, etc. Parental decision-making can be joint or sole. Parents usually agree on joint decision-making. Even if parents cant’ agree on much, they usually can agree on what is best for the child. Joint decision-making involves the parents consulting with each other and coming to an agreement about what action is in the child’s best interests. Sole decision-making authority may be appropriate in unusual circumstances involving, for example, one parent’s absence or severe mental illness.
Parenting time is an area where parents may have trouble determining what is in the child’s best interests. A child ‘s best interests regarding parenting time is not merely a competition between parents to see who can win the most parenting time. It is becoming common for Courts to award equal parenting time to both parents, even with very young children. It is difficult to argue against a child’s spending as much time as possible with both parents.
If parents cannot agree on parenting time, a Court may appoint a parenting time evaluator who will investigate and report to the Court with a recommendation as to the child’s best interests. The evaluator must meet certain standards and is usually a mental health professional (psychologist).
One of the best things you can do to show that you are serious about parenting time is to meet your child support obligation.
Child custody law is the same as other law. You must remember that: you may not understand it; you may not like it; and you may not think its fair; but it’s the law!
This article is for informational purposes only and does not constitute legal advice about your case.
Chris Meyer is an attorney practicing family law in Northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and many other articles.
Showing posts with label Children and Divorce. Show all posts
Showing posts with label Children and Divorce. Show all posts
Tuesday, January 3, 2012
Wednesday, January 20, 2010
Emancipation
IT’S THE LAW!
EMANCIPATION - ITS NOT WHAT YOU THINK IT IS
By Christopher C. Meyer copyright January 2010
“Emancipation” refers to the removal of disabilities associated with childhood. Emancipation is not an all or nothing proposition. You can be emancipated for some purposes, but not for others: you can vote when you are eighteen; but you can’t drink alcohol until you are twenty-one. There is no set age of emancipatation for any and all purposes.
There is no specific lawsuit that you can file in Colorado to have a Court declare you emancipated. You have to file an action for declaratory judgment and request the relief you want the Court to grant.
The issue of emancipation most often arises in the context of parents’ child support obligations - since this involves money! For child support purposes, once a child is emancipated, parents no longer have child support obligations to the child. Let’s look at what “emancipation” means for child support purposes.
In Colorado the age of emancipation is nineteen for child support purposes, but there are some uncommon exceptions: the parties may agree otherwise in a written stipulation; if a child is mentally or physically disabled the Court may order child support to continue; if the child is still in high school, child support continues until the end of the month following graduation, but not beyond age twenty-one; or if the child is “otherwise emancipated”. A child is “otherwise emancipated” if: she has entered the military; she is married; or she is living away from home, she is self-supporting, and it is not a temporary situation.
A child who becomes emancipated for child support purposes may later become un-emancipated and the child support obligation may be reinstated. For example, if the child is married but the marriage is later annulled, dissolved or declared invalid, the child support obligated may be reinstated. Similarly, a child who moves out and is self-supporting loses her job and moves back in with her parents. This child may again be eligible for child support if she is not yet nineteen.
The law of emancipation is like any other law: you may not like it; you may not understand it; and you may not think it is fair, but it’s the law!
This article is for informational purposes only and does not constitute legal advice about your case.
Chris Meyer is an attorney practicing family law in Northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and many other articles.
EMANCIPATION - ITS NOT WHAT YOU THINK IT IS
By Christopher C. Meyer copyright January 2010
“Emancipation” refers to the removal of disabilities associated with childhood. Emancipation is not an all or nothing proposition. You can be emancipated for some purposes, but not for others: you can vote when you are eighteen; but you can’t drink alcohol until you are twenty-one. There is no set age of emancipatation for any and all purposes.
There is no specific lawsuit that you can file in Colorado to have a Court declare you emancipated. You have to file an action for declaratory judgment and request the relief you want the Court to grant.
The issue of emancipation most often arises in the context of parents’ child support obligations - since this involves money! For child support purposes, once a child is emancipated, parents no longer have child support obligations to the child. Let’s look at what “emancipation” means for child support purposes.
In Colorado the age of emancipation is nineteen for child support purposes, but there are some uncommon exceptions: the parties may agree otherwise in a written stipulation; if a child is mentally or physically disabled the Court may order child support to continue; if the child is still in high school, child support continues until the end of the month following graduation, but not beyond age twenty-one; or if the child is “otherwise emancipated”. A child is “otherwise emancipated” if: she has entered the military; she is married; or she is living away from home, she is self-supporting, and it is not a temporary situation.
A child who becomes emancipated for child support purposes may later become un-emancipated and the child support obligation may be reinstated. For example, if the child is married but the marriage is later annulled, dissolved or declared invalid, the child support obligated may be reinstated. Similarly, a child who moves out and is self-supporting loses her job and moves back in with her parents. This child may again be eligible for child support if she is not yet nineteen.
The law of emancipation is like any other law: you may not like it; you may not understand it; and you may not think it is fair, but it’s the law!
This article is for informational purposes only and does not constitute legal advice about your case.
Chris Meyer is an attorney practicing family law in Northern El Paso County. Chris’ law practice is limited to domestic relations cases. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information and many other articles.
Tuesday, February 17, 2009
Paternity
IT’S THE LAW - PATERNITY
By Chris Meyer May 2007
Challenging the paternity of a child in a family law case involves such basic issues as whether junior really is junior. If you are concerned that you may not be the actual biological father of a child, you should address this concern at your earliest opportunity in the legal proceeding you are involved in. This opportunity typically arises in a child support case or a divorce case.
To understand the law of paternity it is important to understand that there are strong policy reasons that favor a finding that your are the father. The strongest reason is to make sure that a father is available to support the child in order to secure the health, welfare, and happiness of the child. Another strong policy reason favoring paternity is the finality of judgments. People should be able to understand their rights under a judgment and should not have to worry about future events changing their rights.
If you are involved in a child support case or a divorce case and you don’t raise the issue of paternity in that case, you will be determined to be the father. There is nothing you can do about it later, even if it is scientifically determined at a later date that you are not the father!
For example, you are involved in a child support case. You do not raise the issue of paternity, because you mistakenly believe that you are the biological father of the child. The Court orders you to pay child support. More than six months pass after the order is entered. You then discover as a result of genetic testing done for some medical reasons that you are not the biological father. You cannot successfully fight your paternity of this child in a legal action. Legally, you are the father and that is that.
Paternity law is like any other law. You must remember that: you may not understand the law; you may not like it; and you may not think its fair; but it’s the law!
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
By Chris Meyer May 2007
Challenging the paternity of a child in a family law case involves such basic issues as whether junior really is junior. If you are concerned that you may not be the actual biological father of a child, you should address this concern at your earliest opportunity in the legal proceeding you are involved in. This opportunity typically arises in a child support case or a divorce case.
To understand the law of paternity it is important to understand that there are strong policy reasons that favor a finding that your are the father. The strongest reason is to make sure that a father is available to support the child in order to secure the health, welfare, and happiness of the child. Another strong policy reason favoring paternity is the finality of judgments. People should be able to understand their rights under a judgment and should not have to worry about future events changing their rights.
If you are involved in a child support case or a divorce case and you don’t raise the issue of paternity in that case, you will be determined to be the father. There is nothing you can do about it later, even if it is scientifically determined at a later date that you are not the father!
For example, you are involved in a child support case. You do not raise the issue of paternity, because you mistakenly believe that you are the biological father of the child. The Court orders you to pay child support. More than six months pass after the order is entered. You then discover as a result of genetic testing done for some medical reasons that you are not the biological father. You cannot successfully fight your paternity of this child in a legal action. Legally, you are the father and that is that.
Paternity law is like any other law. You must remember that: you may not understand the law; you may not like it; and you may not think its fair; but it’s the law!
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
Thursday, February 12, 2009
Child Support Modification
The Marriage Zone: Child Support Modification
By Christopher C. Meyer
©March 2008
Child support can always be modified if certain conditions are met. This is the case whether child support is initially determined by a Court, or by agreement of the parties. This article assumes that all the parties and the children are living in Colorado, and that the current child support order was made by a Colorado Court. If your child support order was made by a Court in another state, a Colorado Court may not be able to change the order.
In order for child support to be modified, there must be a “substantial and continuing change in circumstances”. A substantial change is defined as a change of more then 10% of the current amount. For example, if the amount of the current order is $100 per month, to qualify, the change has to result in an increase or decrease of at least $10.
The change in circumstances must also be continuing. If you are temporarily laid off, you probably won’t be able to get your child support modified, because there is a good chance you will be going back to work soon.
The type of change that usually results in a modification involves a change in the incomes of the parties. If the change in the incomes of one or both of the parties will result in more than a 10% change in the amount of the child support, the amount will be modified. Another typical circumstance often resulting in a modification involves emancipation of one of the children. For child support purposes, “emancipation” means that a child has turned 19 years of age, or has become self-supporting.
Child support calculations are income driven. An increase in your expenses does not mean you are going to be eligible for a modification. For example, if your income does not change, and you buy a bigger house with a bigger monthly mortgage, it does not mean you are going to be eligible to have your child support modified, even though your disposable income has significantly decreased.
If you are eligible for a child support modification, it pays to act swiftly. The modification will be made retroactive only to the date your motion to modify is filed, and not earlier.
Good luck with your child support modification, and remember to get your motion filed promptly.
This article is for informational purposes and does not constitute legal advice concerning your case.
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
By Christopher C. Meyer
©March 2008
Child support can always be modified if certain conditions are met. This is the case whether child support is initially determined by a Court, or by agreement of the parties. This article assumes that all the parties and the children are living in Colorado, and that the current child support order was made by a Colorado Court. If your child support order was made by a Court in another state, a Colorado Court may not be able to change the order.
In order for child support to be modified, there must be a “substantial and continuing change in circumstances”. A substantial change is defined as a change of more then 10% of the current amount. For example, if the amount of the current order is $100 per month, to qualify, the change has to result in an increase or decrease of at least $10.
The change in circumstances must also be continuing. If you are temporarily laid off, you probably won’t be able to get your child support modified, because there is a good chance you will be going back to work soon.
The type of change that usually results in a modification involves a change in the incomes of the parties. If the change in the incomes of one or both of the parties will result in more than a 10% change in the amount of the child support, the amount will be modified. Another typical circumstance often resulting in a modification involves emancipation of one of the children. For child support purposes, “emancipation” means that a child has turned 19 years of age, or has become self-supporting.
Child support calculations are income driven. An increase in your expenses does not mean you are going to be eligible for a modification. For example, if your income does not change, and you buy a bigger house with a bigger monthly mortgage, it does not mean you are going to be eligible to have your child support modified, even though your disposable income has significantly decreased.
If you are eligible for a child support modification, it pays to act swiftly. The modification will be made retroactive only to the date your motion to modify is filed, and not earlier.
Good luck with your child support modification, and remember to get your motion filed promptly.
This article is for informational purposes and does not constitute legal advice concerning your case.
Chris Meyer is an attorney practicing family law in Monument. Chris has been practicing law since 1977. He is a former prosecutor and is licensed to practice law in Colorado, Florida, California and Wisconsin. Chris can be contacted at 719-488-9395. Chris’s website (www.cmeyerlaw.com) has additional divorce and family law information.
Monday, September 22, 2008
The Marriage Zone: Grandparents Rights
Everyone appreciates and respects what grandparents do for their grandchildren. There are a significant number of grandparents who are parenting their grandchildren. It is regrettable that so many parents have abdicated their role, but we are all fortunate that there are grandparents who are willing and able to take over. All of the grandparents that I am familiar with who are raising their grandchildren would rather be grandparents then parents. They are taking on the parental role until the parents are willing and able to assume their parental responsibilities.
Whenever the government becomes involved in children’s lives and custody is an issue, grandparents are an obvious choice as caregivers. Whenever there is or has been a child custody case or a case concerning the allocation of parental responsibilities relating to a child, the grandparents of that child may request an order granting reasonable visitation time. The court will determine if such visitation is in the child’s best interests.
Under certain circumstances, grandparents may file a petition requesting that they be allocated parental responsibilities with regard to a grandchild. These cases involve situations when the grandparents have had physical custody of the child for an extended period of time, or when the case is commenced when the grandchild is not in the physical care of one of the child’s parents. The court may also permit grandparents to intervene in a case involving the allocation of parental responsibilities with regard to a grandchild. In all these circumstances, a court will evaluate the grandparents’ fitness as caregivers as well as the child best interests.
In situations where one or both of the parents are fit and able to carry on their parental responsibilities, grandparents have no rights with regard to the grandchildren where there is not or has not been any child custody case involving the grandchild. In the United States Supreme Court case of Troxel v. Granville (2000), the Court stated that parents have a fundamental liberty interest in the care, custody and control of their children. The Court went on to state that if a parent is a fit parent, the government will normally not interfere in a parent’s decision-making process with regard to their child. This means that courts will not get involved in disputes between fit parents and grandparents with regard to grandparent visitation. As a practical matter, this ruling should not impact grandparents to a great extent because adult children usually get along fairly well with their parents and realize that it is in their children’s best interest to have a good relationship with the grandparents. Most parents appreciate the important role the grandparent’s play in their grandchildren’s lives.
If you are a grandparent raising your grandchildren, the community appreciates and applauds your efforts.
Whenever the government becomes involved in children’s lives and custody is an issue, grandparents are an obvious choice as caregivers. Whenever there is or has been a child custody case or a case concerning the allocation of parental responsibilities relating to a child, the grandparents of that child may request an order granting reasonable visitation time. The court will determine if such visitation is in the child’s best interests.
Under certain circumstances, grandparents may file a petition requesting that they be allocated parental responsibilities with regard to a grandchild. These cases involve situations when the grandparents have had physical custody of the child for an extended period of time, or when the case is commenced when the grandchild is not in the physical care of one of the child’s parents. The court may also permit grandparents to intervene in a case involving the allocation of parental responsibilities with regard to a grandchild. In all these circumstances, a court will evaluate the grandparents’ fitness as caregivers as well as the child best interests.
In situations where one or both of the parents are fit and able to carry on their parental responsibilities, grandparents have no rights with regard to the grandchildren where there is not or has not been any child custody case involving the grandchild. In the United States Supreme Court case of Troxel v. Granville (2000), the Court stated that parents have a fundamental liberty interest in the care, custody and control of their children. The Court went on to state that if a parent is a fit parent, the government will normally not interfere in a parent’s decision-making process with regard to their child. This means that courts will not get involved in disputes between fit parents and grandparents with regard to grandparent visitation. As a practical matter, this ruling should not impact grandparents to a great extent because adult children usually get along fairly well with their parents and realize that it is in their children’s best interest to have a good relationship with the grandparents. Most parents appreciate the important role the grandparent’s play in their grandchildren’s lives.
If you are a grandparent raising your grandchildren, the community appreciates and applauds your efforts.
Subscribe to:
Posts (Atom)
