|
Call or email today - (970) 221-1630 Family Law Bottom Line: The Best Interests of Children. At the office of Barbara L. Naas, Family Law Attorney in Fort Collins, Colorado, I represent clients in a variety of legal disputes involving families. These include Divorce/Dissolution of Marriage, Child Custody, Child Support, Modification of Orders, Adoption, Visitation and Grandparent Visitation. Custody and Visitation is of paramount concern in divorcing families, and today, this can extend to considering the rights of Grandparents. The deciding factor is—and should always be--the best interests of the children, whether parents can come to an agreement or whether the courts make the decision. In the majority of cases, contesting custody in a courtroom is the worst-case scenario, since it puts the children at greater emotional risk. Types of custody include: Legal custody of a child is the right and obligation to make decisions about a child's upbringing. A parent with legal custody, for example, makes decisions regarding schooling, and medical and dental care. In many states, courts now award joint legal custody to the parents, meaning that the decision-making is shared. Physical custody is the right of a parent to have a child live with him. Some states recognize the concept of joint physical custody where the child spends approximately half the time in each parent's home. The latter arrangement is tricky and should be considered only if you have an amicable, respectful relationship with your ex. Sole custody means that only the custodial parent has physical custody and legal custody of a child, and that the noncustodial parent has visitation rights. In most states, courts are moving away from awarding sole custody to one parent, and they are often enlarging the role a father plays in his children's lives. This translates into physical custody for one parent with joint legal custody shared by both -- plus a generous visitation schedule. Joint custody is when parents agree (or a court orders them) to share decision-making responsibilities for, and/or physical control and custody of, their children. The parents may be divorced, separated, no longer cohabiting or may have never lived together. Joint custody may be joint legal custody, joint physical custody (where the children spend a significant portion of time with each parent) or both. It is common for couples that share physical custody to also share legal custody, but not necessarily the other way around. One common pattern is for children to split weeks between each parent's house. Other joint physical custody arrangements include alternating years or six-month periods, or spending weekends and holidays with one parent while spending weekdays with the other. Bird's nest custody is a joint custody arrangement where the children remain in the family home and the parents take turns moving in and out. Each type of custody has advantages and disadvantages, and each family needs to work out what’s best for them and their kids. If you need counsel or representation in a Family Law matter, and share my conviction to protect the best interests of children, please contact me: Barbara L. Naas
Family Law Attorney
19 Old Town Square Suite 238
Fort Collins, CO 80524
Phone: (970) 221-1630
Fax: (970) 419-4398
Email  
| 
