Driskell, Fitz-Gerald & Ray, LLC
3773 Cherry Creek North DriveSuite 575
Denver, CO 80209
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Phone: 1-303-860-7353
Fax: 1-303-228-3162
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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.
Divorce
A married couple can get divorced in Colorado so long as one of the parties has lived in Colorado for 90 days. A Petition for Dissolution of Marriage must be filed in the county where one of the parties resides. Most courts will then set an Initial Status Conference approximately 30 days after the Petition is filed. The Initial Status Conference is a case management conference where the court will set hearings and deadlines so that your case can move forward. Most courts will require the parties to mediate prior to attending a contested hearing. If there are children born of the marriage and custody is an issue of contention, most courts will want to appoint a Child and Family Investigator (“CFI”) to assist the court in determining custody. Both parties will also be required to submit Financial Affidavits so that the court can assist the parties to divide any marital property which is defined as any property acquired during the marriage whether it is an asset or a debt. If the parties are unable resolve their disputed issues after complete disclosure, the court will allow a Permanent Orders hearing at which point the court will issue orders regarding custody, division of property, child support, and alimony/maintenance if applicable.
Child Custody (allocation of parental responsibilities)
Colorado does not use the word “custody” any longer. Custody is now referred to as the “allocation of parental responsibilities” and is comprised of two things: parenting time and decision making responsibility. Decision making refers to the allocation of the authority to make major decisions for the child. Major decisions include educational, medical, and religious decisions and does not include day to day decisions for the child. Parenting time refers to the allocation of parenting time amongst parents, ie, who gets each day/night of the week to spend with the child.
Prior to a court entering orders regarding the allocation of parental responsibilities, each parent has the same right to spend time with his/her child. This puts the parents of a child in a precarious situation when two separated parties, whether married or unmarried, are arguing over the allocation of parental responsibilities. Absent a court order, there is no direction in the law as to how to divide parenting time. An action must be filed to determine parenting time.
The allocation of parenting time is divided by the courts using the “best interests” factors set forth in Colorado Revised Statutes 14-10-124. There are eleven factors and are as follows:
1. The wishes of the child's parents as to custody;
2. The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the custody and visitation schedule;
3. 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;
4. The child's adjustment to his or her home, school, and community;
5. 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;
6. The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;
7. Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;
8. The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;
9. Whether one of the parties has been a perpetrator of child abuse or neglect, which shall be supported by credible evidence;
10. Whether one of the parties has been a perpetrator of spouse abuse, which factor shall be supported by credible evidence; and
11. The ability of each party to place the needs of the child ahead of his or her own needs.
Many times the court will appoint a CFI to assist it in sorting through these eleven factors.
Modification of Parenting Time
After orders are entered regarding parenting time, the court can modify these orders whenever the best interest of the child would be served by such a modification. Generally, a court will not change the residence with whom the child resides with the majority of the time (the primary parent) unless it finds that the primary parent is endangering the emotional or physical well being of the child. These are often very difficult cases and domestic judges will often appoint a CFI.
Child Support
Every parent in Colorado has a duty to work and provide support for his/her children. In order to equalize the financial resources available to the children from each parent, the courts will require one parent to pay child support to the other. Basically, the courts will weigh each parents’ gross monthly income, the amount of overnights each parent spends with the children, and the monthly expenses that each parent pays for the children to arrive at a monthly child support calculation. You can calculate your estimated monthly child support here (go to the bottom of the page and use the “Electronic Child Support Worksheet”):
http://www.courts.state.co.us/Forms/Forms_List.cfm/Form_Type_ID/94
It can be difficult to calculate a person’s gross monthly income for purposes of child support if that person is self employed. Generally, the courts will take the gross monthly receipts from the business minus the ordinary and necessary business expenses to arrive at the gross monthly income.
Modification of Child Support
Child support can be modified whenever the resulting modification will result in a 10% modification of the amount owed. Utilize the link above to determine if you are entitled to a modification.
