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Denver Family Law Blog

Do you understand the types of child custody?

As you move through the divorce process, you may have many questions pertaining to child custody. It doesn't matter if you have one child with your former spouse or several, you need to know how custody is determined and what you can do to put yourself in a better position.

The primary thing to remember is that the court always takes into consideration the best interests of the child. In part because of that tenet, joint custody is generally the most common type. With this, there is shared legal custody, even though only one parent is the physical custodian of the child.

Managing High Emotions In A High Asset Divorce

While divorce almost always invites a certain amount of emotional turmoil, high asset divorce cases often take this turmoil to another level. Although exact definitions of what it takes to be considered a High Net Worth Individual (HNWI), one common baseline is those with a liquid net worth of more than a million dollars. Whether a person has that much money or a little less of more, it's likely that it has brought them a certain amount of comfort and convenience in their lives that they do not want to give up. In some cases each person involved in the high asset divorce only wants to make sure they get their fair share and minimize any change to their lifestyle. In other cases they want to hold on to as much money as they can, at the expense of the other person. And sometimes they are barely money motivated at all. They just want out of the marriage and to move on with their lives. All of these emotional reactions can lead to people making crucial mistakes in the course of the divorce process that are not in their best interests. Here are some considerations that a person going through a divorce needs to consider carefully as they plan their case with their attorney.

Divorce may be higher during these times of year

Seasonal patterns of human behavior are a common topic for many researchers. According to a presentation by a sociology professor from the University of Washington, there is "evidence of a seasonal, biannual pattern of filings for divorce."

A press release about the research noted that divorce filings between 2001 and 2015 in Washington state peaked after the winter and summer holidays -- in March and August. The researchers also studied data from Ohio, Florida, Arizona and Minnesota and found that in these states -- which have similar laws regarding divorce, but different economic conditions and demographics -- the patterns were similar.

What You Should Know About Denver Child Custody Law

In Denver, the courts use the term "parental responsibilities," instead of "custody." "Parental responsibilities" covers parenting time and decision-making responsibilities involving children. Deciding the amount of time the child will spend with each parent as well as deciding who will be responsible for making legal decisions for the child is known as "allocation of parental responsibilities."

Denver courts use the term "parenting time," rather than visitation. It is the division of time your child spends with you and your ex-spouse. Generally, one parent is assigned parenting time by the court, while the other parent is designated the "primary care parent." The "primary care parent" is the one with whom the child spends most of their time.

Can recordings be used in court?

Domestic violence cases are notorious for being he-said-she-said situations. Both victims and those falsely accused may wonder if recording phone conversations or in-person interactions could help their cases. However, recording or videotaping someone without their consent can actually lead to criminal penalties in the state of Colorado, so it's important to be aware of the laws and limitations.

When it comes to recording conversations, you only need the consent of one party. This means that if you are talking to the other person and are recording the conversation, that's legal because you know the conversation is being recorded. This also applies to in-person, over-the-phone and electronic communications, such as texts or emails. What's not allowed is if a third party records the conversation without you or the other person's knowledge.

Every aspect of your life is impacted by divorce

The reasons for divorce are as varied as the seasons. What matters when a couple is getting a divorce is that they get everything taken care of in a timely manner so that they can move on with life. This can be difficult for some people because of complex divorces. In our previous post, we discussed how men who are unemployed are more at risk for getting a divorce. Those cases, as well as cases that involve unemployed wives, can prove complex because of the property division, child custody, child custody and possibly alimony considerations of the divorce.

We know that when you are ready to be done with your marriage that you don't want to have things drag out. We work to get your marriage dissolved in a timely manner so that you can move on with other aspects of your life that have been on hold because of the divorce.

Unemployed husbands face higher divorce risk

Money is an important issue in any marriage, and it continues to be at the forefront of discussions during divorces as well. However, according to the study from Harvard University, financial issues may not matter as much when it comes to increasing the divorce risk as much as how the couple divides the work, both paid and unpaid.

Most housework, around 70 percent, is still done by women, and this includes those situations where both parties are working outside the home. Men today are doing more of the household work compared to decades past, and this is likely to lead to increased marital satisfaction. The study showed that couples who divide the housework and chores more evenly are less likely to get divorced.

Walking away from an abusive spouse takes planning

If you have a spouse who is abusive, you have probably thought about running away just so you don't have to deal with the abuse any longer. When you think about leaving, you might start to get worried about how your spouse will react to you making that choice. The sad fact is that many abusive spouses will react in a violent manner if they know their victim is going to stand up and leave them. If you are planning on leaving an abusive spouse, you must make your plans carefully so that you can try to remain as safe as possible.

One way that you can try to protect yourself from an abusive spouse when you decide to walk away from the marriage is to get a restraining order. This order sets specific guidelines for your spouse. It will order him or her to avoid contacting you or coming near to you. If your spouse doesn't follow the orders and comes around you, they might face criminal charges.

What if my child has special needs?

When you're divorcing with children, issues like child custody and the visitation schedule take center stage. However, if you have a child with special needs, there may need to be even more care taken than usual to ensure that these decisions are being made in the best interests of the child.

In an ideal situation, both you and your ex are on the same page as far as recognizing your child's disability and what he will need throughout the divorce process and afterward. However, there are some cases where one parent does not want to acknowledge the child's special needs or disagrees with the other parent as to how the issues should be handled. If you're in the latter group, talking to your ex and trying to find a way to coparent is going to be the first step.

Special vacation considerations for divorced parents

If you're planning on taking a vacation with your children over summer break, there's much more to consider than destination and mode of transportation. When you're divorced, there are parenting time schedules, court orders and advance notice to deal with.

Most custody orders specifically note that each parent is entitled to a certain amount of uninterrupted parenting time for a vacation each summer. However, you'll likely need to provide several weeks' notice to your ex for planning purposes, and you may also need to gather contact information or a full itinerary depending on what your court order says. It's possible that either you or your ex will disagree with the others vacation choices. If you can't come to a resolution after discussing the situation, you may need to go back to court to see about a modification to the order.

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