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Frequently Asked Questions

Frequently asked questions about family law matters.

Thank you for visiting our FAQ page, where we aim to provide prompt and informative responses to common inquiries about divorce, child custody, and other family law matters. We understand that family law issues can be complex and emotionally challenging, and we strive to offer clarity and valuable insights to help you better understand the legal landscape.

Please note that the answers provided here are of a general nature and not personalized legal advice. Family law matters are unique to each situation, and complexities can vary significantly. Therefore, we encourage you to seek personalized legal counsel for effective guidance tailored to your specific circumstances.

We understand seeking legal assistance can be daunting, but we are here to make the process as smooth and stress-free as possible. If you have further questions or need tailored advice, our dedicated family law attorney is ready to assist. With compassion and experience, they will listen to your concerns, assess your situation, and provide personalized guidance to protect your rights and the well-being of your family. Don't hesitate to reach out for help with your family law needs.

  • What is the difference between legal custody and physical custody?
    Legal custody refers to decision-making authority, while physical custody relates to where the child resides. In Colorado, "custody" is referred to as the "allocation of parental responsibilities" (APR). APR refers to (1) parenting time, and (2) decision-making responsibility.
  • How to change jurisdiction for child custody?
    To change jurisdiction for child custody, you typically need to file a petition in the current jurisdiction, providing valid reasons for the requested change, and seek approval from the court.
  • Can parenting time be modified or adjusted?
    Parenting time can be modified or adjusted if there is a significant change in circumstances or if it is determined that the modification is in the best interests of the child. The court will consider factors such as the child's needs and the parents' ability to co-parent effectively when making a decision.
  • Can you lose custody for not paying child support?
    Yes, you can potentially lose custody for not paying child support, as failure to fulfill financial responsibilities may be seen as neglecting the child's well-being and can be grounds for a change in custody arrangements.
  • Do I need a lawyer for child custody?
    While it is not mandatory to have a lawyer for child custody cases, consulting with a family law attorney is highly recommended to understand your rights, navigate the legal process effectively, and ensure the best possible outcome for your case.
  • Why do I pay child support with 50/50 custody?
    Even with 50/50 custody, you may still be required to pay child support if there is a significant disparity in the incomes of the parents or other factors considered by the court to ensure the child's financial well-being.
  • How does relocation or moving to another state impact existing custody arrangements?
    Relocation can significantly impact custody arrangements, often requiring court approval or modification of the existing order.
  • Should co-parents spend time together?
    Co-parents should spend time together if they can maintain a respectful and cooperative relationship for the benefit of their children's well-being, but it's essential to prioritize the children's needs and avoid it if unresolved conflicts or emotional distress are involved.
  • Who pays attorney fees in child custody cases?
    In child custody cases, the party responsible for paying attorney fees is typically determined by the court and may vary depending on the specific circumstances and laws of the jurisdiction.
  • Can you lose custody for child endangerment?
    Yes, child endangerment can be a significant factor in child custody cases, and engaging in behavior that puts the child's safety at risk may lead to the loss of custody rights.
  • Can you get custody of a child that's not yours?
    Obtaining custody of a child who is not biologically yours may be possible through legal means, such as adoption or obtaining guardianship, depending on the specific circumstances and the laws in your jurisdiction.
  • How to fight false allegations in child custody?
    To fight false allegations in child custody, gather evidence, maintain clear and open communication with legal representation, and work with your attorney to present a strong defense in court.
  • Can I fight for custody from another state?
    Yes, you can fight for custody from another state, but it can be legally complex, and it's essential to understand the relevant laws and seek legal counsel.
  • How long does a custody hearing take?
    The duration of a custody hearing can vary widely depending on the complexity of the case, the number of witnesses and evidence presented, and the court's schedule, but it typically lasts anywhere from a few hours to several days.
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