Marrison Family Law helps clients attain the rights that are accorded to them by the law. Obviously, there may be many good-faith reasons why a mother may not wish to reveal the true biological father of her child. Where a woman intentionally falsifies the fact of paternity for financial gain, however, this may be paternity fraud.
This problem is continuing to rise for various reasons, such as the growing number of unwed mothers in America. It has also been reported that 38 percent of children in the U.S. were borne out of wedlock. Moreover, their number of extramarital affairs are on the rise as well. If you find yourself accused of being the father of a child you do not believe is yours, there are remedies.
In Colorado, a partial solution to this issue was enacted through the signing of the Senate Bill SB08-183 last 2008. It sought to help potential paternity fraud victims by giving them the opportunity to disprove paternity claims. It comes with restrictions, however, in the form of provisions and amendments. For example, men are only afforded two years to file a modification that questions their paternity. Given that many unmarried men find out late about a child support order, this addition can jeopardize their ability to find success in fighting paternity fraud.
It is best then for those who feel they have fallen victim to paternity fraud to consult an experienced paternity lawyer, such as Marrison Family Law so that they would get to know what course of actions need to be taken as soon as possible.
Where divorcing parents fail to agree on a parenting plan, and seek the help of a Colorado court, judges base their decisions on the best interests of the children. Colorado law acknowledges that it is generally in a child’s best interest to have regular contact with both parents and to have both parents take part in child-rearing. Generally, the court is required to consider all relevant factors, including the following when determing parenting time:
Marrison Family Law is an award-winning firm in Colorado Springs, as ranked among the top 100 lawyers in America by The National Advocates. It is also the largest firm in the Pikes Peak area that exclusively focuses on family law. L
Every parent will tell you that parenting itself is difficult enough, but it’s even harder to meet the standards of being a good parent.These standards have changed drastically over time as well.Some parents consider voluntarily giving up their parental rights, thinking that it’s best for their child. Other parents are forced to give up parental rights involuntarily, as a result of court proceedings for neglect or abuse, explains Colorado-based family legal counsel Marrison Family Law.
It must be emphasized, however, that voluntary termination of parental rights is not permitted in the state of Colorado except in anadoption, whether it be by both parents upon the birth of a child for whom neither biological parent can provide, or in cases where a stepparent will assume the role of the relinquishing parent.
Parental rights refer to not only the rights but also the duties of parents such asdecisionmaking on major issues in a child’s life, discipline of the child, support of the child both emotionally and monetarily, residence of the child,managementand control of the child’s property and earnings, medical care, and physical care in general.
Keep in mind that even if a parent qualifies under Colorado law for one of the few opportunities to relinquish parental rights, that determination is for the Court to decide, and is normally not reversible, absent a new adoption by the relinquishing parent.In other words, once the relinquishment goes through, the parent becomes a stranger to the child with no more rights than your neighbor down the street, adds Marrison Family Law.
Marrison Family Law is also the largest firm in the Colorado Springs area exclusively focused on family law. In 2014, The National Advocates recognized the firm’s owner, Pat Marrison, as part of their Top 100 Lawyers award. More on this renowned legal counsel here.
Effects of Divorce on Children
There is no book or secret recipe that can predict how your children will respond to you and your partner separating. Every child is different and deals with their emotions in their own way. School-age children understand that divorce means their mom and dad are not going to live together anymore. Most of them have friends whose parents are divorced and may have heard phrases such as "I'm going to my dad's house this weekend." However, the first thing that comes to most children's mind when they hear the word divorce is "What about me?"
When considering the effects of divorce on children, remember that kids will be anxious about things like moving or changing schools. Younger kids will worry about the logistics of their toys. How will they still get to play with them all? What about the pets? They'll have many detailed questions for you, such as if you still love their mom or dad, and first and foremost, if you still love them. You need to be prepared with comforting answers, and most importantly, you need to reassure them that are loved and will be cared for, no matter what.
Many children show signs of regression and insecurity, both at home and at school. Some effects of divorce on children include mood shifts, causing children to become angry, depressed, mischievous, clingy, or uncooperative. During this difficult time, your children will require additional attention and affection. The most amicable divorces can still create an earth-shattering change for any child, and kids find change to be very scary, especially one dealing with something as fundamental as their parents. They rely on routines, normalcy. Some will be openly sad or mad at you, while others may act like they don't care.
However, don’t get discouraged. School-age kids can be surprisingly resilient and malleable. How you explain the divorce to them will make a significant difference in how they can cope with it. Make sure you speak to them before, during, and after it happens. Remember that these are typical effects of divorce on children and what they need most from you right now is patience, reassurance, and consistency in the everyday routines they know. While this time will be difficult for you, remember that your children will be hurting as well. Be their rock, and in return, they may end up being the same to you.
Your children will be deeply affected by this change. Make sure you stay in tune with their needs and give them the love they will need. And if you need assistance in setting up your Child Visitation, contact the professionals at Marrison Family Law.
How to Tell Children About Divorce
Deciding to file for divorce is challenging; letting your children know is an entirely different kind of difficult. You want to be kind but firm, compassionate yet resilient. Read the tips below to learn some important information when talking to your kids about divorce.
Choose your timing. Do not start talking to your kids until you know for sure that you are separating. The uncertainty of hearing "Mom and dad are thinking about getting divorced" will create unnecessary stress for both you and your children. Although there is never an "ideal" time, there are definitely bad times to deliver the news. When planning how to tell your children about divorce, avoid difficult or rushed times such as right before you head off to work and have no time to answer questions, school days, just before bed, or just before your child goes into their soccer practice. You need to pick a time where both you and your partner can sit down together and either answer the questions that will come or dry the tears and be there for them.
Telling your child together is highly recommended. Regardless of your differences, try to agree on what you are going to tell your kids for their own sake. Don't confuse them with contradicting stories. By acting as a team when you when deciding how to tell your children about divorce, you will preserve your children's sense of trust in both of you.
Keep it simple. Use age appropriate terms. When talking to your kids about divorce, limit the initial explanation to no more than a few key sentences. Try deciding how the visitation days will work and where you will live before you speak to your children so that they are comforted by the fact that you two are handling this and have it figured out. Most children will want to know that they will still see both parents and there is a plan in place, a new routine to come. If your child has witnessed you two fighting, acknowledge that fact and explain that you're doing what's best for them and the family.
Most importantly when planning how to tell your children about divorce is to reassure them that your separation is not their fault. Children often blame themselves for the breakup. They may think the change is happening because they didn't listen well enough, didn't clean their room, or didn't do well in school. Comfort them by saying that divorce is an adult decision and is never a child's fault. Avoid the blame game. Blaming your spouse for the divorce and arguing in front of your child will only make them feel as though they need to pick a side. Your children look up to both of you; keep it that way by respecting each other.
While nothing you will be looking forward to, by being clear and respectful while talking to your kids about divorce, you can save future headaches and potentially become closer with your children. And if you need assistance with child custody, contact our Child Custody Lawyers today.
When flashpoint issues that can pit one parent against another during a divorce or post-dissolution matter come up, there are few more explosive topics than educating the children. And when homeschooling is mentioned, the entire room, just for one minute, may even go quiet.
At its best, homeschooling can offer parents a focused and dedicated opportunity to allow children to thrive, grow and learn outside of a public school environment. Done wrong, homeschooling can lead to children who don’t get enough opportunities to interact with other children, spend too much time in front of computers, and may be taught by a parent who often means well but doesn’t have the tools to do it right.
Either way, the best way to confront the issue of how courts in Colorado address homeschooling is information, and probably a long conversation with a qualified family law attorney.
Everyone understands that kids soak up everything, particularly when their parents are splitting up.
They’re like little emotional sponges, picking up the subtle changes in their parents’ feelings, their discomforts and concerns about the coming separation that can linger in a house during the process. That's why it is important to help your children through your divorce in the best way possible.
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.
As a Colorado Springs divorce lawyer, I often see clients who are intent on getting the best deal for in their divorce agreement, regardless of how it affects the rest of their family. I often attribute this to what I call “divorce anxiety”, a condition that changes normal, fully functioning people into vicious, selfish and vindictive would-be litigators with an eye on the prize.
One of the unfortunate outcomes of a divorce is the impact it can have on a child’s emotional bonds within their nuclear family. Colorado couples are often so preoccupied with the divorce itself, that they are unaware of how important it is to structure adequate parenting time for their children.