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Boulder Family Law Blog

Protecting your rights as a parent in child custody cases

Child custody is a touchy subject for some people. In some cases, people think that the court always leans toward giving a mother custody of the children just because she is a woman. While that might have been the case in the past, these days it isn't so. Just last week, we discussed some of the points about why a mother might be awarded custody.

When it is time for the court to decide the allocation of parental responsibility, there are several points that are considered. There is no one-size-fits-all arrangement for the court to use. Instead, the court will work to determine what is best for the child.

When courts give mothers child custody, it's for a reason

There has long been an idea that courts are biased when it comes to custody hearings and that they give child custody rights to mothers more often because of this bias alone. However, according to some research, the courts are not biased at all. They are just giving mothers the custody rights because it makes the most sense and it is in the best interests of the children.

The first point offered up by a recent study carried out by the Pew Research Center is that fathers are less active in primary child care when the couple are still married. They only did these types of primary care activities for about 6.5 hour each week, while women were at nearly double that, with 12.9 hours per week.

Protect your rights during a Colorado divorce

In our previous blog post, we discussed how there are certain markers that show if you are a good candidate for marriage counseling. Even with marriage counseling, there is still a chance that you won't be able to save your marriage. When that occurs, it is important for you to protect your rights as you go through the divorce process.

We know that you might have some questions about how divorce works in Colorado. Since Colorado recognizes no-fault divorces, you won't have to prove fault in order to get a divorce. This means that even if adultery was a factor that led to the end of your marriage, that fact won't affect certain aspects of your divorce. Instead, you have to focus on learning about how the law affects your divorce.

Marriage counseling might help to save your marriage

When your marriage starts to fail, you might decide that you want to try marriage counseling to get things back on track. The truth of the matter is that marriage counseling won't work for everyone. There are some basic points that might point to marriage counseling being a viable option in your case.

In order for marriage counseling to work, both parties have to be mature, calm and commitment-oriented. They must be flexible and willing to work on the marriage. As the marriage counseling progresses, both people must be willing to make changes based on a plan of action. They also have to be willing to follow through with the plan of action.

Father says taking daughter to Pink concert was poor parenting

When divorced or separated parents disagree on what is best for their children, it is common for them to ask the courts to step in and make a ruling. However, it is becoming more common for the courts to refuse to rule against a parent who has made a decision that did not cause the child physical, mental or emotional harm.

This was true for one such case hitting the headlines, in which the father took the mother to court after she permitted her then 11-year-old daughter to go to a Pink concert. Pink is known for her slightly suggestive lyrics and high energy performance, but the mother believed that the concert was appropriate and went with her daughter to the show.

50/50 Parenting Bill being considered by Colorado lawmakers

The battle over parenting time is one that most parents who aren't living together dread. Colorado Senate Bill 15-129, which is also known as the 50/50 Parenting Bill, seeks to change the way that courts handle parenting time.

The bill has bi-partisan support in the state Senate and the House. If it passes, the bill would set a standard that adds parental rights to a person's fundamental rights. A child's mother and father would be considered equals when it comes to child custody matters.

Get your paperwork in order for a domestic partnership

Non-traditional families, such as those in domestic partnerships, have some unique challenges when it comes to some aspects of the law. When it comes to domestic partnerships, the challenges can be present for same-sex couples or opposite-sex couples. Knowing your rights and learning how to protect those rights can help you to feel more secure as you enjoy your partnership.

One aspect that must be considered when you are in a domestic partnership is how your partner will be able to interact with you and your medical team if you have a health crisis. Advanced health care directives can help you to ensure that your partner can make decisions for you and help care for you if you become incapacitated. If you are unable to make decisions about your health care, your partner can take the reins if you grant your partner medical powers of attorney.

Does Colorado recognize common law marriage?

It's becoming increasingly common for today's couples to live together for years before getting married. When a relationship ends several years in, it can be much like a divorce even if the parties were never legally married. Common law marriages have been around for over a hundred years, but whether or not they are recognized varies by state, and there are many misconceptions surrounding this practice.

The Supreme Court ruled back in 1877 that common law marriages were valid unless state law specifically prohibited it. While in recent decades, many states have done just that, common law marriages are still recognized as legally valid in the state of Colorado. Couples that are required to provide a proof of marriage for a common law marriage usually only need a signed affidavit.

What are some points covered in a divorce?

When people are ready for their marriages to end, they usually head to the courthouse to file for divorce. For those who are heading that way, it is vital for them to understand exactly what a divorce can do for your situation. This can help you to learn what to expect, which can help you to feel a little less stressed as you take the steps necessary to legally end your marriage.

Is my standard of living considered in divorce?

Colorado divorce rate continues to drop

The divorce rate across the United States has been dropping in recent years, and Colorado appears to be following suit, with the state divorce rate at a 10-year low. One possible reason for this could be the rebounding economy and the fact that many couples are now waiting until later in life to get married.

The average age of marriage in the United States is currently 27 for women and 29 for men. By their late 20s, people may be more established financially — reducing money stress — and may have a better idea of what they want and need in a life partner.

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