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Once a family law judge determines parenting time, it is not easy to change the majority residential parent. A permanent custody change requires either the other parent’s agreement, consent to the child being integrated into the parent’s home, or endangerment. It is this middle factor which was at issue in…
This was unexpected. It’s not often that an attempt to get around child hearsay rules through child testimony resulted in a dispute over a child being a witness in a divorce case making national headlines! Yet again, the tortured divorce proceedings between Hollywood superstars Angelina Jolie and Brad Pitt provide…
Remedial Contempt of Court – Pay Up or Go to Jail Remedial contempt of court is a process by which a court will give a party who violated a court order an ultimatum – comply with the order, or else. And the “or else” typically means a deadline for compliance,…
Can Adultery Be Punished in a Prenuptial or Postnuptial Agreement? For more than 50 years since adopting the Uniform Dissolution of Marriage Act (UDMA) in 1971, we have had no-fault divorces in Colorado, and that means the traditional grounds for divorce, including adultery, are abolished. Does that mean an infidelity…
There is no playing “hide the ball” in Colorado family law cases, and that means don’t have hidden assets, or even an accidentally omitted asset. The ethical obligations of family law attorneys, combined with court rules, require the parties to provide one-another with exhaustive disclosures. And when a party fails…
Tax and divorce – probably most people’s two least favorite words, and putting them together makes for an especially lethal combination. However, at least knowing the basics about tax and divorce is a necessary evil, so we have a new article in the Colorado Family Law Guide entitled Tax and…
Dividing a pension and divorce – often a retirement is one of the most valuable assets at divorce, and under Colorado’s marital property laws, a pension is subject to division at divorce. But what happens if there is a miscalculation in the pension at divorce? Normally, retirement account misstatements would…
The federal government has required all states to enact the Uniform Interstate Family Support Act, or UIFSA, which is a law designed to sort out what was previously a jurisdictional mess between the states over who could impose, modify, or enforce child support or alimony obligations. Personal Jurisdiction – Basis…
Should Parent Seek Emergency Child Custody Order? One dilemma a parent faces when the other parent may be endangering the children is the best way to proceed legally. In Colorado, a motion for emergency child custody is known as a motion to restrict parenting. And a motion to restrict requires…
“Child support payments for disabled child” is not a headline we see much, as fortunately it is not an issue most parents need to contend with. Normally in Colorado, support ends at the later of (1) the child’s 19th birthday, or (2) the end of the month following the child’s…
