Articles Posted in Child Custody

By: Sarah T. McCain It can sometimes come as a surprise when you are served with a Motion to Restrict Parenting Time by your child’s other parent. However, if they are represented by an attorney, it shouldn’t. Pursuant to the Colorado Rules of Civil Procedure, attorneys are under a duty to confer prior to filing…

An unfit parent is incapable of reasonably and prudently caring for a child in his or her ward. The parent may be mentally unstable, abusive, neglectful or otherwise unable to provide proper care to the child. Keeping a child in the custody of an unfit parent can lead to tragedies. If you believe your ex-spouse…

By: Michelle L. Searcy As a family law attorney who has been practicing for more than ten years, I hear a lot of allegations made between parties. A particularly difficult dilemma for parties and their attorneys arises when someone is actively involved in alienating children from the other parent or when a party believes the…

By: James C. McTurnan If your child custody case involves children of Native American decent, there could be more to your case than just the ins and outs of Colorado family law. The Indian Child Welfare Act of 1978 (ICWA), a federal statutory section, addresses the rights of Indian tribes with respect to custody determinations…

By: Sarah T. McCain In the past several years there has been a renewed focus on mental health care and those going through divorces or custody cases are not immune to those issues. It is incredibly common for a parent to seek the assistance of a therapist to discuss these often complicated emotional issues. Children…

By Michelle L. Searcy Whether you are involved in a divorce (dissolution of marriage), child custody (allocation of parental rights), or modification family law case, you will be encouraged, if not ordered to participate in mediation. In mediation, the mediator will work with you to try to resolve issues through agreement. This confidential process gives…

By: Sarah T. McCain In cases involving child custody, especially those of a high conflict nature, you may hear the term “PCDM” mentioned as you near the end of litigation or settlement communications. It is often the recommendations of a Child and Family Investigator or Parental Responsibilities Evaluation that open discussions regarding whether to appoint…

By: Sarah T. McCain When you commence either a divorce case or a child custody case in Colorado, you will inevitably hear the word “jurisdiction.” Though this term is mentioned in more detail in other blog posts, in summary, the term is referring to personal and subject matter jurisdiction. To acquire personal jurisdiction in Colorado,…

A relatively new concept for divorcing couples with children is a concept known as “nesting” or a “bird’s nest” parenting plan arrangement. What nesting entails is the parents sharing a residence to promote stability for the parties’ children. In a nesting arrangement, the parties split time at the marital residence while the children stay full…

By: Jessica A. Saldin Whenever there are custody issues in your family law case, one question to always consider is whether a CFI or PRE would help your case. Prior blog posts have explained what these individuals are and when they may be helpful. Once they are appointed to the case, though, it is natural…