Denver Divorce with Kids Lawyer

Children and Divorce

Divorce with children is a more complex process both legally and emotionally. In addition to a Separation Agreement for determining asset & debt division of both parties and establishing issues of maintenance and division of property, the parties must determine a parenting plan that will be in the children's best interests.

In Colorado, the best interests of the children are determined based on the following factors:

The wishes of the child's parents as to parenting time
The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule
The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child's best interests
The child's adjustment to his or her home, school, and community
The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time
The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party
Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support
The physical proximity of the parties to each other as this relates to the practical considerations of parenting time
Whether one of the parties has been a perpetrator of child abuse or neglect under section 18-6-401, C.R.S., or under the law of any state, which factor shall be supported by credible evidence
Whether one of the parties has been a perpetrator of domestic violence, which factor shall be supported by a preponderance of the evidence
The ability of each party to place the needs of the child ahead of his or her own needs.

As parents facing divorce are often unable to agree upon what is in the best interests of their children, the court will involve a third party neutral, called a Child and Family Investigator (CFI), to meet with the children and the parents and make recommendations for the Court as to what he or she believes is in the best interests of the children.

The courts in Colorado also require parents to take a parenting after divorce class. While each judicial district offers a schedule of when such classes are available, parties are also able to accomplish this on-line through Putting Kids First. After completing the parenting class and determining a parenting plan that will be in the best interests of the children, if not represented by counsel, the parties must appear in Court to have the Court adopt the parenting plan.

Another consideration during a divorce with kids is child support. Child support is legislatively dictated by the number of children, the number of overnights each parent has with the children, the amount of health insurance paid for the children, child care costs and any extraordinary expenses that may be taken into account.

Divorce Fees and Costs As there are several options a client has as to how to pursue a family law issue, there is no guarantee or fixed cost that can be determined. Each case is handled on its own merits.

Does Fault Matter in Colorado Colorado is a no fault state with regards to divorce. The Court needs only to find that the marriage is irretrievably broken. A party will not be "punished" during the equitable division of debts and assets for any wrong doing by the person. However any behaviors or wrong doing that would arguably affect that person's ability to parent will most definitely be considered during the allocation of parental responsibilities.

Divorce with Kids Attorney in Denver

At Feldmann Nagel, LLC, we strongly believe that having a Denver divorce with kids lawyer involved throughout your family law proceeding is necessary and will most likely save you costs if there are any oversights or issues to determine in the future. You can get started with free forms online from the state of Colorado. In these circumstances, we advise that once you have completed your forms you at least meet with an experienced family law attorney at or offices in Denver, Vail or Steamboat Springs to make sure you have included everything you need.

Contact a Denver divorce with kids lawyer who can guide you through the complex problems of ending a marriage with children involved.