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Castle Rock Child Custody Lawyers

Workable Solutions for Your Castle Rock Custody Battle

Castle Rock child custody lawyersCastle Rock is home to over 16,000 households, almost half of which have children under the age of 18. The unfortunate reality in today’s world is that sometimes families split apart, including in Castle Rock. When this happens, kids can get caught up in the middle of the drama. As a parent, you never want your children to suffer, including when your relationship or marriage ends. Not all transitions end smoothly and sometimes a child custody battle becomes necessary to protect your children and their futures. That’s when it’s time to look for help from an experienced Castle Rock child custody lawyer. The family law attorneys at Plog & Stein, P.C. have decades of combined experience fighting for Douglas County parents in all types of child custody cases. Let us put that experience to work for you when dealing with:

How Custody is Determined in Castle Rock

Starting in 1999, Colorado statute changed when the term “custody” was replaced with “parental responsibilities.” The two main aspects of parental responsibilities are visitation and decision making. Courts take parental responsibilities very seriously and are required to enter orders deemed to be in the best interest of a child. This means that, no matter how heated things get between you and the other party in your case, the children’s best interests come first. Though the best interest standard is enumerated in statute, with various factors a court should look at, the reality is that each judge will have his or her subjective viewpoints regarding what is appropriate when it comes to formulating those child custody orders.

At Plog & Stein, our Castle Rock child custody lawyers believe that parents are almost always going to be better equipped than the court to determine what is best for their children. As such, we firmly believe in exploring options for settlement. When agreements can’t be reached litigation follows, ultimately leading to a court hearing. Whether your case ends in settlement or a day in court, having an experienced child custody attorney on your side matters.

Custody agreements or parenting plans require detail and insight. The more specificity, the less likely it becomes that there will be battles over interpretation down the road. Each case is different and not all cases settle right away. It’s not uncommon for settlement to be reached shortly before your final hearing. From start to finish, there are many steps to take when dealing with your custody case. This can include motions to the court, mediation, or dealing with a child custody expert, appointed to weigh in on the various issues. Strategy also comes into play in terms of knowing what to do at each specific juncture, whether dealing with the court, a child custody expert, or the other party. The end goal is to have workable visitation and decision-making orders, which will need to include specifics on both major and lesser points, such as a detailed holiday schedule or how joint decisions will be made in practice.

At Plog & Stein, we understand how important your child’s future is. We strive to make sure our clients’ wishes and concerns are heard. We also work hard to keep abreast of the law and to maintain a working familiarity with the courts, judges, and child custody experts in the community. When dealing with something so important as your child’s future, make sure you have an advocate on your side who understands the legal system and what it takes to navigate through a Castle Rock child custody case. Each of our lawyers is seasoned in all aspects of Colorado custody and has years of experience both litigating and settling cases.

Defending Your Parenting Time Rights in Castle Rock

The trusted lawyers at Plog & Stein, P.C. are here to guide you through the first steps of a parenting time dispute to your final hearing.  After final orders regarding parenting time have been entered, the first step leading to new litigation is generally going to be one parent filing a motion. Once that motion is filed, certain deadlines start arising related to responses and other court pleadings. Additionally, an initial status conference will generally be set for the parties to touch base with the court regarding the status of the situation and various issues. However, in most cases, a hearing on a motion to modify parenting time will not take place for several months, unless the motion relates to an emergency.

Pursuant to Colorado Revised Statute Section 14-10-124, courts are required to make determinations tied into parenting time in the best interest of a child. Though “best interest” is not explicitly defined, Section 124 sets forth various factors that the court should look at, including each parent’s involvement with the child, their time commitment to the child, and their ability to promote a relationship between the child and the other parent.

Over the last decade, most family law courts have leaned towards allocating parenting time equally between parents, absent a reason to do something other than 50/50. In reality, various factors can affect what the base schedule will be, including kids’ ages, the distance between homes, or perhaps safety concerns tied into a parent’s behavior or mental health. In other cases, a child may have significant needs which one of the parents is better equipped to deal with. Each family and child is different and having an attorney who can assess your situation and strategically map out your options for either settling or litigating your parenting time issues can make the difference when it comes time to make significant decisions.

As circumstances can change over time, statute recognizes that visitation schedules may require modifications over the years. Beyond modifications to parenting time basics, such as the regular schedule or holiday time, C.R.S. 14-10-129 also contains provisions and standards for dealing with relocation matters and parenting time emergencies. When the primary parent seeks to relocate in a geographically significant fashion which will impact parenting time, s/he will need to either obtain permission from the other parent or a court order. In relocation cases, there is not only debate over whether the primary parent can move the child, but also what the modified visitation schedule should be if the move is allowed. With parenting time emergencies, 129(4) sets forth procedures for seeking a restriction of parenting time based on imminent physical or emotional danger to a child. At Plog & Stein, our attorneys are skilled and knowledgeable when it comes to handling all types of parenting time cases.

There are also steps you can take if your parenting time orders are not being followed; Colorado family law judges take parenting time orders very seriously. Specifically, C.R.S. 14-10-129.5 is designed to deal with violations of parenting time orders and is the preferred statutory section for dealing with those transgressions. Under 129.5, the court can enter an array of orders, including make up time, sanctions, attorney fees, and even contempt like remedies. If the other party is disregarding your parenting time rights, don’t wait to speak with one of our skilled Castle Rock child custody attorneys. Regarding attorney fees, statute specifically indicates that if a parent is found to have violated parenting time orders the court “shall” award them their fees and costs.   As such, our attorneys will certainly make a request for reimbursement of your fees as part of the process to enforce your vision orders.

Child Custody Attorneys Aggressively Protecting Castle Rock Residents’ Rights

Time spent with your children is precious and your rights to it should be aggressively protected. With so much on the line, the family lawyers at Plog & Stein, P.C. offer the skilled representation that you need to go into your child custody battle prepared and equipped to handle anything that comes your way. Call us at 303-781-0322 or contact us online to schedule a consult with a member of our team.