Our Location
Driskell, Fitz-Gerald & Ray, LLC
3773 Cherry Creek North DriveSuite 575
Denver, CO 80209
Map
Phone: 1-303-860-7353
Fax: 1-303-228-3162
Email our Firm
Family Law
CUSTODY: In the State of Colorado the term for Custody is Allocation of Parental Responsibilities which includes Decision Making Responsibility and Parenting Time. If the parents are unable to agree on Allocation of Parental Responsibilities the Court will enter orders regarding Decision Making Responsibilities and Parenting Time as the Court determines is in the child's Best Interest. C.R.S. § 14-10-124. In deciding what is in the best interest of a child as to Parenting Time for a child and a parent the Court looks at numerous factors which are outlined by Colorado Revised Statute § 14-10-124(1.5)(a):
(I) The wishes of the child's parents as to parenting time;
(II) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule (There is no set age when a child may decide where they want to live in the State of Colorado);
(III) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests;
(IV) The child's adjustment to his or her home, school, and community;
(V) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;
(VI) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;
(VII) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
(VIII) The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
(IX) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence;
(X) Whether one of the parties has been a perpetrator of spouse abuse as defined in subsection (4) of this section, which factor shall be supported by credible evidence;
(XI) The ability of each party to place the needs of the child ahead of his or her own needs.
Allocation of decision-making responsibility. The Court must consider factors outlined Colorado Revised Statute § 14-10-124(1.5)(b) when determining what is in the child's best interest as to allocation of Decision Making Responsibility. Those factors are:
(I) Credible evidence of the ability of the parties to cooperate and to make decisions jointly;
(II) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support that would indicate an ability as mutual decision makers to provide a positive and nourishing relationship with the child;
(III) Whether an allocation of mutual decision-making responsibility on any one or a number of issues will promote more frequent or continuing contact between the child and each of the parties;
(IV) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of child abuse or neglect, then it shall not be in the best interests of the child to allocate mutual decision-making with respect to any issue over the objection of the other party or the legal representative of the child.
(V) Whether one of the parties has been a perpetrator of spouse abuse as defined in subsection (4) of this section, which factor shall be supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of spouse abuse, then it shall not be in the best interests of the child to allocate mutual decision-making responsibility over the objection of the other party or the legal representative of the child, unless the court finds that the parties are able to make shared decisions about their children without physical confrontation and in a place and manner that is not a danger to the abused party or the child.
CHILD SUPPORT: The Court must take into consideration numerous factors when calculating child support including:
1. Income of the parties;
2. Number of overnights with non-custodial parent;
3. Any daycare expenses;
4. Cost of health insurance for child; and
5. Other extraordinary expenses for the minor child.
Child Support Enforcement (CSE) is a governmental agency setup by statute to establish and enforce child support obligations. Each County in the State of Colorado has their own CSE agency. When CSE files a court action they are solely requesting the Court to enter Child Support Orders. The Court will not issue any orders as to Allocation of Parental Responsibilities or Parenting Time unless one of the parents petitions the Court asking for orders regarding Allocation of Parental Responsibilities.
The Law Firm of Driskell, Fitz-Gerald and Ray, LLC will ensure that you as a parent receive a fair and equitable determination by the Court as to what is in your child's best interest for both Allocation of Parental Responsibilities and Child Support.
The State of Colorado has some helpful forms online including child support worksheets at: http://www.courts.state.co.us/Self_Help/Index.cfm .
Father's Rights
The Law Firm of Driskell, Fitz-Gerald and Ray, LLC specializes in Father's Rights, focusing on representation of men going through difficult divorce, child custody and child support matters. Through our representation of Fathers, we have found the Courts more apt to produce fair and equitable distributions of property and enabled Courts to move beyond the arcane practice of favorability to a more fair and just interpretation of best interest of the children in custody cases.Including Mothers, Step-Parents, Grandparents and Same-Sex partners Rights
Although our expertise is in representing Fathers we have expanded our family law practice to include Mothers, Step-Parents, Grandparents and same-sex partners. Colorado Law allows for specific rights of Grand-Parents, Step-Parents and other non-biological care givers to seek parental rights. Unfortunately, the State of Colorado has yet to adopt laws that specifically afford same-sex partners the same rights as other citizens, such as property, custody and support rights. However, the Law Firm of Driskell, Fitz-Gerald and Ray, LLC has utilized other existing Colorado Laws to ensure that same-sex parents can obtain parental rights of their children and retain their property after the breakdown of a relationship. We believe that all people are created equal and deserve the same rights as all U.S. citizens in property division, custody and support cases. Children should not be denied a good parent solely because of a parent's sexual orientation.CUSTODY: In the State of Colorado the term for Custody is Allocation of Parental Responsibilities which includes Decision Making Responsibility and Parenting Time. If the parents are unable to agree on Allocation of Parental Responsibilities the Court will enter orders regarding Decision Making Responsibilities and Parenting Time as the Court determines is in the child's Best Interest. C.R.S. § 14-10-124. In deciding what is in the best interest of a child as to Parenting Time for a child and a parent the Court looks at numerous factors which are outlined by Colorado Revised Statute § 14-10-124(1.5)(a):
(I) The wishes of the child's parents as to parenting time;
(II) The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule (There is no set age when a child may decide where they want to live in the State of Colorado);
(III) The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests;
(IV) The child's adjustment to his or her home, school, and community;
(V) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;
(VI) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;
(VII) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
(VIII) The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
(IX) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence;
(X) Whether one of the parties has been a perpetrator of spouse abuse as defined in subsection (4) of this section, which factor shall be supported by credible evidence;
(XI) The ability of each party to place the needs of the child ahead of his or her own needs.
Allocation of decision-making responsibility. The Court must consider factors outlined Colorado Revised Statute § 14-10-124(1.5)(b) when determining what is in the child's best interest as to allocation of Decision Making Responsibility. Those factors are:
(I) Credible evidence of the ability of the parties to cooperate and to make decisions jointly;
(II) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support that would indicate an ability as mutual decision makers to provide a positive and nourishing relationship with the child;
(III) Whether an allocation of mutual decision-making responsibility on any one or a number of issues will promote more frequent or continuing contact between the child and each of the parties;
(IV) Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of child abuse or neglect, then it shall not be in the best interests of the child to allocate mutual decision-making with respect to any issue over the objection of the other party or the legal representative of the child.
(V) Whether one of the parties has been a perpetrator of spouse abuse as defined in subsection (4) of this section, which factor shall be supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of spouse abuse, then it shall not be in the best interests of the child to allocate mutual decision-making responsibility over the objection of the other party or the legal representative of the child, unless the court finds that the parties are able to make shared decisions about their children without physical confrontation and in a place and manner that is not a danger to the abused party or the child.
CHILD SUPPORT: The Court must take into consideration numerous factors when calculating child support including:
1. Income of the parties;
2. Number of overnights with non-custodial parent;
3. Any daycare expenses;
4. Cost of health insurance for child; and
5. Other extraordinary expenses for the minor child.
Child Support Enforcement (CSE) is a governmental agency setup by statute to establish and enforce child support obligations. Each County in the State of Colorado has their own CSE agency. When CSE files a court action they are solely requesting the Court to enter Child Support Orders. The Court will not issue any orders as to Allocation of Parental Responsibilities or Parenting Time unless one of the parents petitions the Court asking for orders regarding Allocation of Parental Responsibilities.
The Law Firm of Driskell, Fitz-Gerald and Ray, LLC will ensure that you as a parent receive a fair and equitable determination by the Court as to what is in your child's best interest for both Allocation of Parental Responsibilities and Child Support.
The State of Colorado has some helpful forms online including child support worksheets at: http://www.courts.state.co.us/Self_Help/Index.cfm .
Driskell, Fitz-Gerald and Ray, LLC
Copyright © 2010 Driskell, Fitz-Gerald and Ray, LLC All Rights Reserved.