Hassle Free Your Holidays

admin0 — Sat, 14 Nov 2009 13:46:59 +0000

For some, the worst part of the holidays will be untangling and hanging the strands of Christmas lights, for others it’s the in-laws hanging around a little too long. But for many it’s a chaotic and lonely time especially when there has been a separation or divorce which can hang like a cloud over the season. The children likely will be to splitting the holidays between two homes which might be exciting for them because they will get double the gifts. All fun and gifts aside, though, as lawyers we see quite a stormy time during the holidays because emotions run high, parents are hostile towards each other and family can be… family. While all hardships cannot be prevented during the holiday season, here are a few tips to reduce the stress:

1. If you have a Court ordered parenting plan, stick to it.

2. If you do not have a temporary parenting plan in place, talk to your attorney early on, especially if you do not think you will be able to come to an agreement with the other parent.

3. Keep in mind that this time of year will be hard on your children, as well. Even if you detest the other parent, your children still need to spend time with him or her during the holidays.

If there is no parenting plan in place yet, or the holidays haven’t even entered into your thoughts yet, here are a few popular options for you to consider:

1. Every other holiday, every other year. For example, the children can spend Thanksgiving with Dad and Christmas with Mom this year, and alternate next year.

2. If you are living close enough, it may be possible to split the day in half.

3. If the other parent is scheduled for parenting time the day of, consider starting a new tradition of celebrating on the day before.

For a family that has been split up by a divorce, sadness and frustration at the holidays are to be expected. However, by sticking to your parenting plan, working out potential issues in advance, and remembering your children you can reduce the anxiety and stress that can come along with this difficult time.

By Nicole Vincent, Esq.

Nicole is an attorney at Robinson & Henry, P.C., a full service law firm with offices in Castle Rock, Colorado Springs, and Lakewood. Robinson & Henry is located at 757 Maleta Lane, Castle Rock, CO 80108. (303) 688-0944. www.robinsonandhenry.com

Child Support Enforcement in Colorado

admin0 — Fri, 26 Dec 2008 04:24:29 +0000

A parent has a responsibility to financially support his or her child. Parents that do not make their child support payments violate Colorado law and their financial obligations to their children.

To enforce a child support obligation, the parent that is owed the child support has many remedies, including the following:

1. Income assignment: The wages of the parent that must pay child support can be automatically assigned to recover the past due child support payments.

2. Federal Tax Offset: The tax refund of a parent can be intercepted and garnished to pay a past-due child support obligation.

3. Lien: The parent that is owed child support can put a lien on the non-paying parent’s property (for example, real estate).

4. Contempt: The parent that does not pay child support can be brought before the court and held in contempt.

5. Garnishment: bank accounts and other financial accounts of the parent that does not pay child support can be garnished.

6. Rule 69: A rule 69 proceeding is where the debtor (the parent that does not pay child support) is brought in and is questioned under oath concerning the location of his or her assets.

An attorney can assist a parent that is owed child support. A paternity test may be need to establish paternity before a child support obligation is established. Visit www.robinsonandhenry.com or contact us at info@robinsonandhenry.com for more information.

Grandparents’ Rights to Establish Parental Responsibilities (Custody)

admin0 — Wed, 24 Sep 2008 12:58:08 +0000

In limited circumstances, grandparents (and other third-parties such as stepparents) can bring a proceeding in court to establish their rights regarding the parental responsibilities over a child. Parental responsibility, which was previously called custody, concerns who has decision-making authority over the child as well as parenting time.

The threshold issue in any grandparent case is legal standing. Put simply, standing concerns whether the grandparent or the stepparent can bring the case before the court. If the grandparent lacks standing, then the court will dismiss the case.

Once the grandparent can establish standing, then the court will determine if it is proper to give the grandparent parental responsibility. The court will consider the presumption that a child should be placed with a fit biological parent, the best interests of the child, and any past neglect or abuse by the grandparent.

Finally, the U.S. Supreme Court’s recent decision in Troxel v. Granville may affect grandparent and stepparent rights in Colorado. In Troxel, the Supreme Court held that the Fourtheenth Amendment of the U.S. Constitution grants parents a fundamental liberty interest in the care, custody, and control over their children. Therefore, there is a presumption in any grandparent case that a fit parent makes decisions in the best interests of their children.

Legal representation in a grandparent or stepparent case is imperative. Because of the various presumptions that may work against a third-party, the foundation of a strong case is diligent pre-trial work establishing that the grandparent should have custody over the child.