As many attorneys will attest, the conflicting interests of a divorcing couple don’t always provide for the best interests of their child. However, in the eyes of Colorado law, the best interests of the child are paramount, which means they are more important than the needs of either parent.  It is at this point that one or both parents realize - their child also needs a legal representative known as guardian ad litem.  A Colorado Springs family lawyer can represent your child, or you help you find an attorney who specializes in advocating for children.

In the state of Colorado, child support orders are taken very seriously and a substantial amount of time and effort is involved in calculating the right amount of support for minor children.   Just ask any Colorado Springs child support lawyer; failure to make timely child support payments can result in incarceration for the non-paying parent. While the state has gone to great lengths to ensure support orders are enforced, many parents don’t know how the enforcement system works.

Contempt of Court for Child Support

If you are dealing with an ex-spouse who is trying to avoid paying child support, you are not alone.  Thankfully there are ways you can use the Colorado court system to your advantage to enforce court-ordered child support.  The most common way to enforce a child support order in Colorado is by filing a petition for Contempt of Court. 

The Contempt of Court petition is designed to get a non-paying parent to start paying according to the order.  In many cases, this may involve them making a lump-sum payment against their child support arrears in order to avoid incarceration.  Failure to show up at a Contempt of Court hearing will also result in a warrant for their arrest.

As any family attorney will tell you, alimony is not something one should expect from a divorce, but it is wise to learn as much about it as possible before entering a Colorado family courtroom.  If you are unsure about whether your situation qualifies you for alimony or spousal support, it makes sense to work with a Colorado Springs family lawyer. 

Alimony is a court-ordered amount of money that one spouse pays to the other, to keep them living in the style to which they’ve become accustomed.  Traditionally, alimony payments were made to the wife by the husband, but depending on circumstances it can also be awarded to the husband by the wife. 

If you hear the phrase “alimony pendent lite”, it refers to payments made by one spouse to the other prior to the final divorce decree.  Unlike child support, it is taxable income for the recipient and tax deductible for the payer. 

Who is entitled to alimony?

As a Colorado Springs child custody lawyer, I am often asked about parental child abduction and what can be done about it.  There is no question that divorce brings out the worst in people, but sometimes things get out of control.  One example of this is child abduction by parents.  Sadly, many Colorado children are abducted every year, and according to the US Department of Justice, 350,000 children are abducted by parents who are involved in a divorce or separation.  This problem is even more serious when a parent moves the child out of the country.  

If you are planning to marry in Colorado, a Colorado Springs family attorney can help you draft a pre-nuptial agreement that will allow you to a marriage with a document that protects your financial interests.  While this may not be considered the most “romantic” thing to do while planning a wedding, it is something every couple should consider.

Anyone who has heard the horror stories of contested divorce, or knows someone who lost a lot of money to an ex-spouse who prevailed in court will tell you – “get a pre-nuptial agreement!”  Even if it hurts your fiancé’s feelings, in many cases it can be a deal breaker.  For example, if you have a Colorado Springs -based family business, a large investment portfolio or other significant assets in your possession at the time of marriage, you would not want to lose this wealth if your marriage were to end in divorce.  A pre-nuptial agreement can protect you from future losses, but it can also limit the amount of spousal support or alimony your spouse can receive. 

Not all divorces are created equal, and no one knows this better than a divorce lawyer.  As a Colorado Springs divorce lawyer, I’ve seen many couples battle it out in court over the smallest things, while other couples with more complicated settlements breeze through the process with very little contention.  The “ugly” side of divorce is when one party tries to contest the divorce because they disagree with the terms.  Whenever a petition for divorce is not agreed upon by both parties it is called a contested divorce.

In today’s tough job market, it’s no surprise that more and more single parents are finding it difficult to collect child support payments.  When either parent loses a job, it puts the whole family at risk, but when a non-custodial, support-obligated parent loses his or her job, if often causes them to seek a temporary reduction in payments.  This would be fine if it was truly temporary, or if it were a reasonable request.  However, as a Colorado Springs Child Support Attorney I see a lot of parents who have no problem staying out of the job market or taking a low-paying job for much longer than necessary – even when it means their children will need to live on less.

Did you know that a report of child abuse is made every ten seconds, and 68% of child abuse victims are abused by family members?  Sadder still is that three out of every four abused children are under the age of four. 

If you or your children have been victims of domestic abuse, a Colorado Springs family lawyer can help you seek legal protection from future abuse.  This may begin with a restraining order, and end in a divorce.  However, there are some cases when child abuse is not recognized until after it has been going on for a long time.

As part of National Child Abuse Prevention Month, many Colorado childrens’ centers are participating in fundraising, awareness and media events.  These include the Kempe Center and the Tennyson Center for Children.  They will be promoting child abuse awareness by asking parents who suspect child abuse or neglect to look for the following warning signs:

A child may:

• Shows sudden behavioral changes or a marked change in school performance
• Not have received appropriate medical treatment for problems that have been brought to the parent’s attention
• Be in a constantly watchful mode, as if expecting something bad to happen
• Have difficulty concentrating or learning
• Be either passive, withdrawn or overly compliant with adults
• Arrive early to school activities or stays late, not wanting to go home

A parent may:

• Shows a lack of concern for their child
• Ask caregivers to use harsh physical discipline if the child misbehaves
• Deny the existence of the child’s problems or blames the child for “wanting attention”
• See the child worthless, burdensome or bad
• Demand a level of academic or physical performance that the child can never achieve
• Look to the child for attention, care, and satisfaction of emotional needs

If you are involved in a separation or divorce where abuse has been present or suspected, a Colorado Springs family lawyer can help you take the necessary steps to prevent your child from spending time with the abusive parent. 

If you know of a child who is being abused or neglected, call 1.800.4.A.CHILD (1.800.422.4453) for the Child Help National Child Abuse Hotline.

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Family Law LLC, Colorado Springs largest Family Law practice.  The Marrison Family Law LLC is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

In the state of Colorado, Child Support Enforcement (CSE) is a state agency with local offices.  Many people will file a petition for child support in Colorado without knowing much about the law.  Before filing a petition for court-ordered child support, it makes sense to consult with a Colorado Springs child support lawyer.   An attorney can help you file the appropriate paperwork, calculate support payments, and ensure you are being compensated for everything from general living expenses to healthcare, daycare and extracurricular activities.

If you are living in another state, you should contact the closest CSE office in your state and fill out their application.  Once the order has been established, that state will partner with a CSE office in Colorado to be sure it is enforced on a local level. 

Colorado’s Child Support Guidelines ensure that each parent is paying their fair share of support for minor children.  This is done by first establishing the combined monthly gross income of both parents and determining the total support amount based on what intact families within that income bracket generally spend on their children.  Based on the percentage of the total income, each parent is assigned a percentage of the total support amount. The amount of the non-custodial parent’s share is used to calculate the child support order, but this amount can be increased if the custodial parent is paying for healthcare and childcare.  The non-custodial parent will be responsible for a share of these additional expenses based their share of the combined monthly income. 

A Colorado Springs child support lawyer can do more than just fill out paperwork and represent you in hearings.  Experienced family lawyers also know their way around the court system.  This is particularly helpful if you are facing enforcement issues or when your family situation requires supplemental child support.

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Family Law LLC, Colorado Springs largest Family Law practice.  The Marrison Family Law LLC is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

It is common practice for most women to change their last names to their husband’s name upon marriage, but there is much confusion about what to do after a divorce.  While this is not a legal issue, as a Colorado Springs family lawyer I am often asked about by clients about whether they should revert back to their maiden name. 

Like any other major decision, there are pros and cons on both sides.  Many women find it easier to keep their husband’s name if they have only been married a short time, have no children, or if their ex-husband is getting remarried. 

When there are children from the marriage, chances are people will assume you share their last name – even when you don’t.  Keeping the same name as your children can be much simpler when communicating with schools, pediatricians and other parents.  Children also benefit when their parents share the same last name, as it helps them build their identity at an early age. When one parent has a different last name, it can make them feel “different” from other children. 

Another consideration when changing surnames is the hassle.  When you consider how many pieces of identification are in your wallet alone, it can take a while to change everything.  You will need to provide proof of your name change to credit card issuers, mortgage companies, Social Security, drivers’ licensing offices, banks, employers and much more.  Failing to do this properly and in a timely manner can even have an effect on your credit score.

Do you have to take your maiden name back, or is there another option?  Many women today are opting to choose an entirely new last name, rather than reverting back to “maiden” status.  After a nasty divorce, it can often be easier to just start fresh with a new last name.  The only problem it might present is with acquaintances and co-workers who might think you remarried.  The best part about making this kind of move is how empowering it will feel. 

As a Colorado Springs family lawyer, I have seen many women escape some of the pain of their divorce by legally changing their name, and I’ve been able to advise them on the best ways to handle the paperwork involved in this process.  If you’re thinking that divorce is all about “endings”, maybe it’s time to liberate yourself and think of it as a new beginning.  Losing the “married name” is a great place to start. 

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Family Law LLC, Colorado Springs largest Family Law practice.  The Marrison Family Law LLC is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

In almost every state, one must prove residency for a specific period of time before filing for a divorce.  The only three states where this is not the case are South Dakota, Washington and Alaska, as long as one is a resident at the time of filing.  One question that Colorado Springs divorce lawyers often get is, “what if my spouse files for divorce in a different state?”

If you are worried that your spouse will file for divorce in different state, most attorneys will advise you to beat him or her to the punch by filing in your own state first.  Considering that most divorces require more than one appearance in court, having a divorce filed in another state can cause you to incur a fair share of travel expenses.  Also, keep in mind that any petitions to modify property settlements, child custody or support must be filed in the original state. 

Many people ask if out-of-state divorces can be enforced, and unfortunately the answer is “yes”.  As long as your spouse meets the residency requirements of the state where the divorce is filed, the courts of each state must recognize it as valid.  The only exception to this is if the court in the originating state cannot establish jurisdiction over the non-resident spouse.  A court can only have jurisdiction if the non-resident spouse is personally served with divorce papers and signs the affidavit of service, which acknowledges receipt of the documents.  Jurisdiction may also be established if a non-resident spouse pays court-ordered child support that is ordered by the originating state.

If you are a Colorado resident worried about a possible divorce filing from another state, avoid signing anything and consult with a Colorado Springs divorce lawyer.

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Family Law LLC, Colorado Springs largest Family Law practice.  The Marrison Family Law LLC is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

Like every other state in the union, Colorado is a no-fault divorce state, which means the party asking for the divorce does not need to prove that their spouse did something to deserve it.   As any Colorado Springs divorce lawyer will tell you, this can either be a good thing or a bad thing. 

No fault divorce prevents a spouse from making false or exaggerated accusations about the other spouse’s behavior as a way to gain custody or marital assets.  It also keeps couples from fighting out the terms of their divorce and assigning “fault” through protracted courtroom battles.  However, it also prevents a spouse who is a victim of physical or emotional abuse from claiming a larger share of the marital property. 

Often, when a couple comes to a disagreement over custody, property division or spousal support, one party will bring up behavior of the other to help influence the court’s decision.  In many cases, adverse behavior such as gambling or substance abuse may affect the outcome of a custody order or property settlement, but couples should be prepared with lots of tangible evidence. 

While the fault of one spouse may have an impact on the final custody order, it is not considered as “grounds for divorce.”  The only acceptable grounds for divorce in Colorado are “irretrievable breakdown of the marriage”, which means the marital relationship can no longer continue because of discord and conflict in the marriage. 

The party seeking a no-fault divorce in Colorado will need to file a Petition for Dissolution of Marriage with a Colorado family court.  Before filing for divorce, spend some time interviewing Colorado Springs divorce lawyers, and make sure you are aware of your rights concerning property, custody and support.

Trying to figure out how Colorado child support is calculated is challenging enough, but when you factor in a court’s decision about who will insure the children, it become even more complex. If you have concerns about the rising cost of healthcare and how this might affect your child support order, a Colorado Springs child support lawyer can assist you. 

According to Colorado law, the amount paid by each parent toward health insurance is to be “apportioned between the parties.”  This means that the amount of a family health plan’s monthly premium that is attributable to the children will be added to the amount of the child support order.  For the purposes of child support, health insurance can include medical only, or a medical and dental policy, which can be carried by either parent.  However, the parent requesting a child support adjustment due to changes in premium costs must submit proof to the court that the child is insured, as well as proof of the insurance plan cost.

In addition to covering health insurance, child support orders in Colorado also allow for extraordinary medical expenses.  These include co-pays, co-insurance, deductibles, prescriptions and uninsured expenses that add up to more than $250 per child within a given year.  These costs can also include orthodontia, physical therapy, vision care, dental treatments or any other medical expense that is reasonably necessary.  Some courts will also include the cost of psychiatric therapy or professional counseling.  Your ex-spouse’s portion of these expenses, above and beyond $250 per child, will be added to the child support order.

If you are a recipient of Colorado child support, it makes sense to stay on top of health care costs by saving receipts throughout the year.  These expenses, along with any increase in health insurance premiums, can be submitted to the court for inclusion in a child support order.  Working with a Colorado Springs child support lawyer will ensure you are receiving the proper amount of support to cover your child’s medical care. 

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Family Law LLC, Colorado Springs largest Family Law practice.  The Marrison Family Law LLC is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

Ask anyone who has gone through a divorce where children are involved; the most complicated decisions often revolve around child custody.  Before deciding on the best way to raise your children post-divorce, take the advice of a Colorado Springs child custody lawyer and consider every available option.

Joint custody is an option that many parents immediately dismiss because they assume it will be too difficult and confusing for the children.  But in Colorado, joint custody rulings are different than in many other states, and many couples have found it works better for everyone involved. 

How does Joint Custody differ from Shared Custody in Colorado?

Shared custody still awards equal time and financial responsibility to both parents, but with shared custody the parent who makes more money is required to make payments to the parent with lesser income.  This is not traditional “child support”.  Instead, it is an equitable division of the costs of raising children, where the higher income earner is responsible for a higher percentage of the total and pays the other parent the “difference.”  To ensure equal time with the children, judges and parents often work together to set up custody schedule and parenting plan. 

Joint legal custody is different from shared custody in that it awards both parents equal decision-making rights about how their children will be raised.  This includes, but is not limited to, education, travel, medical care and religious training. 

One downside risk to shared custody is the need for an involved and ongoing relationship with your ex-spouse.  For many couples, this can be extremely stressful.  As a parent in a joint custody arrangement, your relationship with your ex spouse will continue as long as your children are part of your lives. It may be challenging to redefine an emotional relationship like marriage into the more business-like relationship necessary for joint-custodial parenthood.  These arrangements can have long-term positive benefits for the children, but the early stages of this transition will require a period of adjustment. 

If you are considering a shared custody arrangement in Colorado, it makes sense to seek counsel from an experienced Colorado Springs child custody lawyer who can help you draft an effective co-parenting plan. 

Being served with divorce papers while on active military duty can present a confusing set of legal issues for the recipient.  While deployed, most military members are too busy to respond appropriately and wonder how they will ensure their rights are protected throughout the process.  As a Colorado Springs Military Divorce lawyer I have dealt with many of the questions that soldiers ask, and thankfully there are safeguards in place to protect a soldier’s rights. 

What type of legal protection is offered to military personnel from divorce proceedings?  Military personnel are protected by the Service Members Civil Relief Act, which allow them to “devote their entire energy to the military needs of the nation.”  This special Congressional protection prevents any legal proceedings from taking place while the service member is still on active duty and for sixty days thereafter.

Does this mean a service member can simply ignore the divorce papers?
The answer is no.  It is imperative that the court is informed of their active duty status and have an attorney present a motion to the court to delay the hearing.  Eventually, even if a delay is granted, the divorce proceedings will have to move forward.

What if a service member is stationed in one state, but maintains legal residence in another state?  Where should the divorce take place?
It all depends on who initiates the divorce action.  If the service member initiates it, then the state where he/she is stationed can have jurisdiction over the case.  However, there are federal protections in place if a spouse initiates the divorce.  An attorney can explain how jurisdiction is determined.

What about military pay?  How are these benefits protected in a military divorce?
The Uniformed Services Former Spouse Protection Act (USFSPA) dictates the conditions which must exist in order for a state to assume jurisdiction over retirement pay. Using the “Ten Year Rule”, the UFSPA can restrict direct payments of military retirement pay to a former spouse when the marriage lasts less than ten years, but some states may still award a former spouse a monetary award for a portion of military retired pay when a marriage lasts less than ten years. 

If you have questions about how to deal with a military divorce in the state of Colorado, consult with an experienced Colorado Springs military divorce attorney.  A qualified attorney can represent you during active duty and protect your interests throughout the entire process.

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Family Law LLC, Colorado Springs largest Family Law practice.  The Marrison Family Law LLC is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

In many divorce cases, both the mother and father will seek primary physical custody of their children, and they cannot come to a mutually agreeable settlement out of court.  So how does a court decide which parent will prevail?  A Colorado Springs child custody lawyer can explain how a family court judge often awards physical custody based on the concept of the “primary caretaker.”

The “primary caretaker” generally means that by most family courts’ standards, preference is given to the parent who can prove that he or she assumed the greater role in taking care of the child during the marriage.  Why is this so important in determining custody?  Most courts are more interested in doing what is in the child’s best interest, rather than pleasing the parents, and according to psychologists, there is a very special bond between formed between a child and his or her primary caretaker.  Because the establishment of this relationship is so important to a child’s emotional development, psychologists strongly recommend preserving it and allowing for the continuation of that primary caretaker – child bond.   It is vital to the child’s emotional and psychological health. 

If you find yourself in a position where you have to prove to a custody judge that you were the child’s primary caretaker, here are the responsibilities they generally focus on:

•Purchasing clothing and doing laundry;

•Planning and preparing meals;

•Bathing, grooming, and dressing;

•Teaching basic skill of reading, writing, and math and regularly helping with homework;

•Making health care arrangements and doctor’s appointments;

•Encouraging participation in extracurricular activities;

•Attending parent-teacher conferences and open houses;

•Planning leisure activities and vacations with the child

In many states, even things such as volunteerism at the child’s school are considered in determining primary caretaker status.  If you are trying to establish yourself as the primary caretaker for your child, a Colorado Springs child custody lawyer can review your case and prepare you for the presentation of evidence to a judge, keeping in mind the best interests of your child. 

In cases where a woman is infertile but a man is fertile, couples who want to have children often consider a surrogacy arrangement.  However, the legal issues surrounding surrogacy agreements can be quite complicated.  In this article, a Colorado Springs family attorney reviews some of the most common legal issues involved in working with a surrogate mother. 

Most surrogacy agreements occur a married couple contracts with a fertile woman (usually an outside party), who agrees to become artificially inseminated with the sperm of the fertile husband, or impregnated with the embryo produced by the wife’s ovum.  The surrogate mother then carries the pregnancy to term and delivers the baby.  She then relinquishes the child to the couple, assuming no parental rights or responsibilities. 

Legal Aspects of Artificial Insemination

In order to pre-establish legal parenthood of the infant, a court order is usually obtained, which requires testing that proves the husband to be the child’s biological father.  Once the child is born, the surrogate mother signs her consent to terminate her rights to the child, essentially leaving the husband of the couple with sole custody.  However, it will still be necessary for the wife to legally adopt the child.

Legal Aspects of Embryo Transplants

With so many more couples choosing to cohabitate indefinitely as an alternative to marriage, a greater understanding of shared property rights is a necessity.  This is especially true if such a couple decides to end their relationship.  As a Colorado Springs family lawyer, I see a lot of couples enter into cohabitation agreements that are designed to protect their financial interests should they decide to split up. 

Where the subject of property is concerned, the law treats unmarried couples as separate individuals.  This means they have no special rights or responsibilities if their relationship ends.  If you plan to buy property together, you will need to decide how you will own the property: either as joint tenants or as tenants-in-common.

Joint tenants share the ownership of the property equally. This means that when one owner dies, the other owner automatically takes over the deceased owner’s share.  This is also known as “right of survivorship.”

If you choose to be tenants-in-common, you and your partner will each own a distinct share of the property.  For example, if you contribute 40% of the purchase price and your partner contributes 60%, and your partner dies, you will not have automatic rights to their 60% share of the property.  It will simply become part of their estate. 

In cases where a home is bought jointly and the relationship ends, property division may be based on a 50/50 split upon separation.  However, if the home is only in one person’s name yet the other party made contributions to the mortgage and maintenance, there could be an ugly battle upon separation.  Basically, when a property is solely owned by one party, it will remain that person’s property unless the other party can prove that there was a mutual intention to share in its value. 

If you have questions about how to separate jointly held assets in a cohabitation situation, consult with a Colorado Springs family lawyer.  An attorney can also help you draft a mutually acceptable cohabitation agreement that will protect your interests in the event of separation or death. 

While not all Colorado property settlements are this complicated, some divorcing couples reach an impasse when it comes to dividing retirement benefits and/or family business assets.  If negotiating the division of these assets has become an obstacle in finalizing your divorce, consult with a Colorado Springs divorce lawyer. 

Retirement benefits are one of the most misunderstood marital assets in a divorce situation.  Many spouses believe that if they set up the account in their name, with their employer, this asset belongs to them.  Wrong!  Any retirement savings acquired during the marriage may be considered as marital property, but not always.  The other spouse may be entitled to receive some portion of a retirement plan’s value.  If you want to know how much you are entitled to, ask your lawyer to file a Qualified Domestic Relations Order petition to determine who receives how much from retirement plans. 

Even more complicated than retirement benefits are family-owned businesses.  In order to place a value on each spouse’s portion of the business, several factors must be taken into consideration.  These include the present value of the business as well as business debt and potential for future profit.  Options for dividing a family business include one spouse buying out the other, which means one spouse will own the business and the other will be financially compensated.  Some couples will choose to receive payments from a co-owned business over a specified period of time, and still others decide on separation clauses, where various parts of the business are given to each spouse. 

Overall, it makes the most sense to divide assets in such a way that makes sense for the current and future needs of each party. Coming to an agreement over property division will speed the divorce process and help you keep an open line of communication, which is extremely important if you are parenting minor children.  Find out more about property division by consulting with a Colorado Springs divorce lawyer.

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Family Law LLC, Colorado Springs largest Family Law practice.  The Marrison Family Law LLC is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.

Even after a divorce is final, it is rare for couples to avoid emotionally-charged disputes.  Usually, one or both spouses’ feels cheated out of the life they dreamed of, and they are acutely in tune with how the divorce impacts their children.  Unfortunately, in situations like this, the children are sometimes used as leverage against the other parent.  When one spouse is acting out against the other by withholding visitation or violating the terms of a custody order, a Colorado Springs custody lawyer can help enforce your custody order in court.   

Whether you still harbor resentment about your spouse’s behavior during the marriage, or you are suffering from undue financial stress, it is not uncommon for one spouse to blame the other and bring up past hurts for years after the divorce.  If two parents cannot resolve their differences, ignoring the terms of a custody order is one way they can act out against each other.  But be aware; there are some established remedies to enforce compliance.

The best way to enforce a child custody order is to return to the court where it was issued and ask the court to cite the person in violation with contempt of court.  In cases where the offending parent has taken the child unlawfully out of their home, the district attorney’s office can issue a warrant for their arrest and order the immediate return of the child.  This is true even if that parent has taken the child to another state.  The Uniform Child Custody Jurisdiction and Enforcement Act requires states to enforce custody orders that were initiated in other states.

If you find that you need to take these steps to enforce your Colorado custody order, enlist the help of a Colorado Springs Custody lawyer.  An experienced custody lawyer can not only see to it that your order is enforced, they can also help you change the order moving forward, especially if the opposing parent has a history of such violations.  Most of the time, the court will modify the order to ensure that the best interests of the child are met. 

Patricia Marrison is a Family Law attorney in Colorado Springs, CO. and the owner of the Marrison Family Law LLC, Colorado Springs largest Family Law practice.  The Marrison Family Law LLC is devoted to assisting with the difficulties of the breakup of relationships, be it common law marriage, a non-marriage with children, or dissolution with or without children. We attempt to serve the entire spectrum of relationships, from those couples with the simplest, uncontested dissolution to the highly conflicted relationship involving allegations of domestic abuse.