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Denver Family Law Blog

Can military service affect child custody?

Being a member of the United States military, no matter in which branch you serve, is something of which to be proud. It is a job that not everyone can or is willing to do. Unfortunately, your willingness to enter this line of work has caused you to sacrifice several things, including your marriage. It may even cost you precious time with your children if you are not careful.

Many service members in Colorado and elsewhere end up getting divorced, so your situation is not unusual, but you want to make sure you do not lose more than you should because of your commitment to the armed forces. Technically, your job should not prevent you from gaining some level of custody of your children as part of your divorce agreement. However, it is not uncommon for non-military spouses to seek sole custody of their kids due to the service member's unusual schedule.

Stalking in Colorado must meet 1 of 3 criminal elements

Stalking in Colorado, in the simplest terms, is the "unwanted pursuit of another person." Most stalking actions in the state fall under the statute for harassment and many of the reported victims were once romantically involved with their alleged stalkers.

In order for someone to be convicted beyond a reasonable doubt with the crime of stalking in Colorado, one of three criminal elements must be present. These elements are:

  • A person repeatedly contacts, surveils, approaches, follows or makes any type of communication with someone or their family; or
  • A person threatens another person or their immediate family in such a way that a reasonable person would suffer emotional distress; or
  • A person threatens and follows another person or their immediate family or someone with whom they have had or continues to have a relationship with.

Don't let your children play you against your ex

Divorce is a hard time for most children, but some try to take advantage of the situation by playing one parent against the other. By taking steps to prevent this from happening and addressing it swiftly when it does happen, you can help your children to realize that they can't use one parent to get their way when the other one already gave an answer.

One of the best ways that you can prevent this from happening is to present a united front from the start of the divorce. You can tell the kids together and let them know that you will be working as a team to raise them even though you don't live in the same home.

Plan carefully when vacationing with children

Even though the summer seems far away, it is a good time to start thinking about what you will do for your first vacation of the new decade. It is understandable that you want to make memories with your children, but if you have a child custody order governing what you can do, you will have to plan carefully before you go anywhere on vacation with them.

The first thing that you have to do is to review the child custody order to determine where you can go with them and what stipulations there are for this case. This might include limits on when you can travel and what types of notifications you have to make to your ex.

When is it time to modify your child custody order?

Divorce brings significant changes to a person's life, and sometimes these changes don't stop once the process is final. The terms of your child custody order served your Colorado family well for awhile, but lately things are not working as smoothly. Life changes, and you may be wondering if your child custody order should change as well. 

There are times when it is possible and appropriate to seek a modification to a child custody order. If you think this is the best step for your family, you may want to start by learning more about how to make that happen. You are entitled to protect the best interests of your children and your parental rights, and this may come in the form of seeking changes to your current custody and visitation plan.

Plan to work with your ex in child custody matters

One of the primary duties of a parent is ensuring that they are doing what's best for their children. When you and their other parent make the decision to divorce, it is easy to get caught up in how you feel about the divorce, but you need to continue to focus on the children. This ensures that they have what they need to thrive despite the circumstances.

Many parents who go through a divorce use a collaborative method for child custody matters. This gives them a chance to consider their child's current schedule, their needs and other similar factors when making parenting decisions. In order to do this, you and your ex are going to have to be willing to compromise and work as a team.

Things to consider when you ask for a divorce

The initial discussion when you tell your spouse that you want a divorce is probably going to be tense. You should prepare yourself for some stress as you go through this. Thinking carefully about how you are going to handle this situation can help you to reduce the difficulty of it, but even the most preparation isn't going to make this fully easy.

One of the most important things you need to do is to determine when and where you are going to have this discussion. Ideally, you will take care of it when you and your spouse can talk without interruptions. You might consider having the children go to spend time with a family member or friend when you are going to talk about this.

What happens to retirement assets when going through a divorce

Divorce is not an easy or pleasant thing to go through. The most you can hope for is that you'll get it over quickly while inflicting minimal damage on your finances and your family. One area may be hoping to spare yourself involves your retirement assets.

It doesn't matter if retirement is just around the corner or years away, the funds you've been putting aside you need so you can live the life you hope to during your golden years. The problem is that retirement assets are marital property according to the state of Colorado, which means your spouse may have the right to take a portion of your retirement earnings when the marriage comes to an end. However, if any of the following are true about your circumstances, you may be able to protect your property from division:

  • You received or earned the funds before the wedding
  • You have a prenuptial agreement that identifies retirement savings as separate property
  • You have a postnuptial contract that identifies the savings as separate property

Child custody decisions should give children stability

As a parent, one of your priorities is likely making sure that your children are protected. This duty doesn't stop just because you are going through a divorce. Instead, you have to ensure that their needs are being met and there's nothing going on that would negatively impact them. You may think this sounds simple, but it can quickly turn complex.

The divorce alone can make a big difference in their life. Children with divorced parents are twice as likely to develop health problems as those whose parents are together. They are also twice as likely to quit high school.

Categories covered in a divorce

The decision to divorce is the start of long journey. When you are going through this process, there are many things that you need to think about. Because there are so many, it is possible that you might miss some points. Making a list of things that you need to work out before you head to your attorney's office can help you ensure that you find out everything you need to know.

You can divide divorce matters into a few basic categories. Thinking about each one of these individually can help you to avoid feeling overwhelmed.

If you need help, contact us as soon as possible.

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Law Offices of Rodger C. Daley

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