Pursuant to Colorado child custody statutes, specifically C.R.S. 14-10-123, non-parents can seek custody of a child in certain situations. Under Colorado law, “custody” is technically termed “parental responsibilities.” Non-parents includes grandparents, though just because they are relatives of the child and grandparents does not mean they are given any greater, preferential treatment
How to File for Emergency Custody in Colorado? In short, to initiate the process of obtaining emergency custody in Colorado, the first step is to file a petition for an emergency custody hearing in the appropriate court. Depending on where you are in Colorado, you may have the option to submit this
By: Sarah T. McCain Child custody is a complicated matter in Colorado. A judge should always grant child custody orders according to what is in the child’s best interest. Making this decision takes an in-depth look at both parents and their ability to care for the child. Most criminal convictions will not
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
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
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
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
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
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
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
