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FAQs

(Frequently Asked Questions)

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Welcome to the Family Law FAQs section, where we address common questions related to divorce, custody disputes, mediation, and CFI services. Whether you're navigating the complexities of divorce proceedings, seeking guidance on child custody matters, exploring alternative dispute resolution methods like mediation, or considering the role of a Child and Family Investigator (CFI), we're here to provide clarity and support. Our aim is to offer valuable insights into these legal processes and empower you to make informed decisions that align with your family's best interests. Explore our FAQs to gain a deeper understanding of these critical areas within family law.

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FAQs

  • How can I ensure that my child's needs are prioritized during the divorce process?
    You can prioritize your child's needs by maintaining open communication with your co-parent, focusing on cooperation rather than conflict, and seeking solutions that are in the child's best interests. Additionally, working with experienced family law professionals can help ensure your child's needs are addressed effectively.
  • How long does the divorce process typically take?
    The duration of a divorce can vary depending on factors such as whether it's contested or uncontested, the complexity of assets, and state-specific laws. In Colorado, the minimum waiting period for a divorce to be finalized is 91 days after filing with a complete agreement.
  • How can I prepare for my initial consultation with a family law attorney?
    To prepare for your initial consultation, be prepared to discuss your goals, concerns, and questions with the attorney to get the most out of the consultation.
  • Can I modify a child support order if my financial circumstances change?
    Yes, if there's a significant change in either parent's financial circumstances, such as job loss or increase in income, you can petition the court to modify the child support order. It's essential to inform the court promptly to prevent arrears (back pay) from accumulating.
  • What factors are considered in child custody determinations?
    Courts prioritize the best interests of the child when determining custody. Factors considered may include the child's relationship with each parent, parental fitness, the child's preference (if mature enough), and any history of abuse or neglect.
  • What are the requirements for legally modifying a custody arrangement?
    To file a motion to modify a custody arrangement, a parent must provide to the Court a significant change in circumstances that warrants modification, such as proposed relocation, changes in the child's needs, or concerns about parental fitness. The modification must also be in the child's best interests. The final decision is made by the Court, or by the parents if they are able to reach agreement.
  • What are the different types of custody arrangements available?
    Custody arrangements can include physical custody (where the child resides) and legal decision making (the right to make decisions about the child's upbringing). These can be sole, joint or a combination of both, resulting in various arrangements.
  • How is child support calculated in Colorado?
    Child support calculations in Colorado are based on a formula that considers factors such as each parent's income, the number of children, child care expenses, health insurance costs, and sometimes other factors. The Court uses these factors to determine the appropriate amount of support.
  • What happens if my former partner doesn't follow the custody agreement?
    If one party violates a custody agreement, the other party can file a motion for enforcement with the Court. The Court may enforce the agreement through various means, such as fines, modifying the agreement, or even contempt of Court proceedings.
  • Can grandparents seek visitation rights?
    Yes, under certain circumstances, grandparents may petition the Court for visitation rights. The Court will consider factors such as the child's best interests and the nature of the relationship between the grandparent and the child.
  • What are the benefits of mediation over litigation in divorce cases?
    Mediation can offer a more collaborative and less adversarial approach to resolving disputes. It can allow parties to maintain control over the outcome, promotes open communication, and can be more cost-effective and time-efficient than litigation.
  • How confidential is the mediation process?
    Mediation sessions are generally confidential, meaning discussions and negotiations that occur during mediation cannot be disclosed in Court proceedings. However, there are exceptions, such as instances involving threats of harm or illegal activity.
  • What options are available if my spouse refuses to participate in mediation?
    If your spouse refuses to participate in the Court order mediation, you are able to ask the Court to waive mediation and proceed with litigation if so allowed. If the mediation being refused is as an alternative to litigation, you may need to pursue alternative dispute resolution methods or proceed with litigation. A family law attorney can advise you on the best course of action based on your specific circumstances.
  • What role does a Child and Family Investigator (CFI) play in custody disputes?
    A Child Family Investigator (CFI) conducts investigations and evaluates factors relevant to the child's best interests, such as parental fitness, living environments, and the child's relationship with each parent. The CFI provides recommendations to the Court to assist in custody determinations. An additional benefit is that a CFI is an expert witness who will likely be allowed to testify to hearsay information, provided it's in the their report.
  • What factors might disqualify someone from serving as a Child and Family Investigator (CFI)?
    Child Family Investigators (CFI) are typically required to meet certain qualifications, such as having a background in law, mental health, and/or social work. Additionally, conflicts of interest, and/or other factors could disqualify someone from serving as a CFI.
  • What are some resources for myself, children, and families journeying divorce?
    Here are some resources for dealing with divorce: For Individuals Going Through Divorce: - Books: "Rebuilding: When Your Relationship Ends" by Bruce Fisher and Robert Alberti; "Crazy Time: Surviving Divorce and Building a New Life" by Abigail Trafford - Online Support Groups: DivorceCare (divorcecare.org) - Colorado Bar Association's "Divorce and Separation" Resources: Visit the Colorado Bar Association's website for information on divorce laws, legal resources, and finding a family law attorney in Colorado. [Website: coloradobar.org] - Counseling: Individual therapy with a licensed counselor or therapist specializing in divorce recovery For Children Coping with Divorce: - Books: "Dinosaurs Divorce" by Laurene Krasny Brown and Marc Brown; "Two Homes" by Claire Masurel - Therapy: Child counseling with a therapist experienced in working with children of divorce. Play therapy can be extremely beneficial for children who are too young for talk therapy. - Children's Hospital Colorado: Explore resources and support services provided by Children's Hospital Colorado, including child-centered counseling and therapy programs for families going through divorce. [Website: childrenscolorado.org] - Colorado Department of Human Services: Access information on child support services, parenting classes, and co-parenting resources for Colorado families through the CDHS website. [Website: colorado.gov/cdhs] - Online Resources: Kids' Turn (kidsturn.org) offers online resources and support for children experiencing parental separation or divorce For Highly Contentious Divorces: - Legal Support: Consult with a family law attorney experienced in handling high-conflict divorces - Therapeutic Intervention: Consider co-parenting counseling or mediation to help navigate contentious issues and improve communication - Conflict Resolution Services: Consider utilizing mediation or arbitration services provided by Colorado-based conflict resolution centers or family law practitioners experienced in managing high-conflict divorces. - Support Groups: Seek out support groups or online forums specifically for individuals dealing with high-conflict divorces For Healing and Moving On After Divorce: - Self-Help Books: "Rebuilding: When Your Relationship Ends" by Bruce Fisher and Robert Alberti; "The Journey from Abandonment to Healing" by Susan Anderson - Therapy: Individual therapy or divorce recovery groups led by mental health professionals - Self-Care Practices: Engage in activities that promote self-care and emotional healing, such as exercise, journaling, meditation, or spending time with supportive friends and family Remember, each person's experience with divorce is unique, so it's essential to find resources and support that resonate with your specific needs and circumstances. If you have any fear of harm or are experiencing symptoms of depression, please get help! Here are some Colorado-specific resources for individuals dealing with domestic violence, depression, suicidal thoughts, or abuse: For Domestic Violence Support: 1. SafeHouse Denver: SafeHouse Denver provides shelter and resources for survivors of domestic violence. They offer a 24-hour crisis line, emergency shelter, counseling, and support services. [Website: safehouse-denver.org] 2. Colorado Coalition Against Domestic Violence (CCADV): CCADV works to support survivors of domestic violence through advocacy, education, and policy reform. They provide a directory of local domestic violence programs and resources across Colorado. [Website: ccadv.org] For Mental Health and Suicide Prevention: 1. Colorado Crisis Services: Colorado Crisis Services offers free, confidential, and immediate support for individuals experiencing a mental health crisis, including suicidal thoughts. They provide a 24/7 crisis hotline, text support, and walk-in crisis centers across the state. [Website: coloradocrisisservices.org] 2. Mental Health Colorado: Mental Health Colorado advocates for mental health policy and provides resources for individuals seeking mental health support. They offer information on local mental health services, treatment options, and support groups. [Website: mentalhealthcolorado.org] For Victims of Abuse: 1. The Blue Bench (formerly RAAP): The Blue Bench is a Denver-based organization that provides support for survivors of sexual assault. They offer a 24-hour hotline, counseling services, advocacy, and educational programs. [Website: thebluebench.org] 2. Domestic Violence Initiative for Women with Disabilities (DVIT): DVIT offers resources and support specifically tailored to women with disabilities who are experiencing domestic violence. They provide advocacy, safety planning, and assistance accessing community resources. [Website: dviforwomen.org] It's essential to reach out for help and support if you or someone you know is experiencing domestic violence, mental health challenges, or abuse. These organizations offer confidential and compassionate assistance to individuals in need.
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