The laws pertaining to childcare in Colorado involve the concepts of custody, legal guardianship, adoption, foster care and more. Custody and legal guardianship are similar in that they both grant someone rights in relation to the care of a child. However, they are fundamentally different on a legal level. Understanding Colorado’s complicated
Child Custody
Tips on Negotiating a Holiday Visitation Schedule
By: Sarah T. McCain Sharing child custody after a divorce can be especially difficult around the holidays. Both parents want to ensure the protection of their custodial rights. If you and your partner are getting a divorce, plan for how you will divide or share custody and visitation around the holidays. If
Dealing With Custody and Visitation Orders During the Pandemic
One of the many things the COVID-19/coronavirus pandemic has affected is child custody. Divorced parents have struggled with sticking to their custody agreements amid child safety concerns and stay-at-home orders. Despite the challenges parents are facing, they must lawfully continue to obey custody and visitation orders. Parents who are having trouble with
Failure to Exercise Court Ordered Parenting Time (Part 1)
By: Stephen J. Plog Over decades of practicing family law in Colorado, I have seen most imaginable case scenarios and have been asked more questions that I can remember. Every once in a while I am presented with something that does not come along every day. One such question is, “what can
Defending Against a Motion to Restrict Parenting Time
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
Regaining Custody From an Unfit Parent in Colorado
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
Identifying and Addressing Parental Alienation in Your Child Custody Case (Part 1)
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
Colorado Child Custody Cases and the Indian Child Welfare Act
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
Changes to Child Mental Health Laws and the Potential Impact on Child Custody Cases
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
Getting Ready For Mediation in Your Divorce or Custody Case
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