Terminating a Common Law Marriage
If a couple wishes to end their common law marriage, they must go through a divorce just like any other couple. Because a common law marriage is recognized by the state as a valid, legal marriage just like any other, the divorce must address the same issues involved in any divorce or marriage dissolution.
Couples terminating a common law marriage must come to an agreement on parental responsibility of their children, visitation time allocation, child support, and property distribution. Any future marriage of either spouse will be invalid if the common law marriage is not dissolved prior to the next marriage. Our family law office in Denver, Colorado can help you dissolve your common law marriage.
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Understanding the Uniform Child Abduction Prevention Act
Colorado’s Uniform Child Abduction Prevention Act (UCAPA) backs two separate acts, known separately as the Uniform Child Custody Jurisdiction and Enforcement Act and the federal Parental Kidnapping Prevention Act.
The UCAPA allows Colorado courts to impose measures that are specifically designed to prevent child abduction from either parents before, during, and after a court has issued a child custody decree. Our family law office can offer you expert legal advice and help you understand complex legal documents, such as the UCAPA, to determine how they will affect your current situation.
According to Colorado’s Revised Statutes 14-13.5-101, there are many ways that the courts can implement measures to prevent abduction, including:
- Imposition of travel restrictions.
- Custody orders.
- Identification of the child’s habitual residence.
- Detailed descriptions of each party’s custody and visitation rights.
- Implementation of civil and criminal penalties for violations of visitation or custody
- Prohibition of removing the child from any location without the permission of the court.
- Reviewing reasons for possible abduction, including previous attempts, threats of domestic abuse, stalking, activities of planned abduction, or dependency and neglect.
- Other considerations, including the age of the child, the potential harm to the child from abduction (including the potential for domestic violence), and the legal difficulties of returning the child if abducted.
What Steps Can the Courts Take to Prevent Child Abduction in Colorado?
If a Colorado court finds a child faces the potential risk of parental abduction, they may issue a court order imposing specific restrictions. Some of these restrictions may include:
- Travel restrictions.
- Requiring one parent to supply travel itineraries (plans, phone numbers, travel documents) when visiting outside of a specified geographic zone.
- Prohibiting a parent from taking a child outside of their
home state. - Prohibiting violations of child custody orders.
- Prohibiting contact with the child outside of designated times.
- Requiring registration of a UCAPA order.
- Limiting parenting and visitation times.
In the most severe of cases, a court may even respond to an imminent threat of abduction by issuing a warrant to take physical custody of the child by law enforcement to protect them.
Compassionate and Dedicated
Denver Family Law Attorneys
At Peek Vasquez Family Law, we promise to work swiftly to bring about a satisfactory result for the best possible value. Whether you have been accused of abducting your child or you suspect that a former spouse is going to abduct your children, we can be of assistance.
Our founding Denver family lawyer, Sean Peek, has a special empathy for children and has personally volunteered his time at Camp Casey, an organization that serves children with physical disabilities. He knows how to handle sensitive legal issues involving children and works hard to limit their legal exposure without compromising in his zealous pursuit for the best possible outcome for his client. We can provide the tenacious representation that is needed to protect your children and your parenting privileges.
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Contact Peek Vasquez, LLC (formerly Peek Family Law, LLC) Today
Representing clients and ensuring that their family goals are met is the foundation for our family law firm. If you have any questions or concerns regarding your abduction prevention needs, do not hesitate to contact our Denver divorce attorneys at Peek Vasquez, LLC (formerly known as Peek Family Law, LLC). Having an experienced legal team aton your side can make all the difference in protecting your rights and your family.
In addition to abduction prevention, our experienced and compassionate Colorado family law attorneys can represent you in a wide range of family law cases. Some of the most common family law legal services we offer include divorce, alimony, child custody, mediation, relocation, and more.
Contact us or call our Denver office at (303) 495-5757 to talk to an experienced family law attorney and schedule your consultation today.
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