Child support Archives | Peek Family Law, LLC Thu, 14 Apr 2022 15:46:20 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.2 Why Should I Hire a Denver Divorce Attorney? https://peekfamilylaw.com/2022/04/14/why-hire-a-denver-divorce-attorney/ https://peekfamilylaw.com/2022/04/14/why-hire-a-denver-divorce-attorney/#respond Thu, 14 Apr 2022 15:44:55 +0000 https://peekfamilylaw.com/?p=1217 A divorce is one of the most challenging experiences a person can undergo. The legal complexities, financial decisions, delicate emotions, and in some cases, relationships between children and their parents mean you should never have to endure this process alone. That’s why most individuals going through a divorce choose to hire an experienced Denver divorce...

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A divorce is one of the most challenging experiences a person can undergo. The legal complexities, financial decisions, delicate emotions, and in some cases, relationships between children and their parents mean you should never have to endure this process alone. That’s why most individuals going through a divorce choose to hire an experienced Denver divorce attorney. These specialized lawyers understand the legal complexities of a divorce and the amount of empathy needed during these difficult times. In this blog, we’re taking a closer look into the world of family law and reviewing the reasons why you should hire an experienced, compassionate divorce attorney. 

Peek Family Law is your premier Colorado family law firm. As trusted and experienced Denver divorce lawyers, we know what it takes to ensure our clients meet their family and legal goals. We specialize in various practice areas of family law, including divorce, adoption, alimony (maintenance), child custody, child support, common law marriages, and more. 

As seasoned litigators, we strive to leverage our experience and compassion to help our clients through these difficult times. Our goal is to resolve our family law cases as quickly as possible to reduce trauma to children and families. If you’re in need of compassionate, effective, and passionate legal representation, Peeks Family Law is here for you. 

What is Family Law?

Divorce cases are categorized under the larger legal umbrella known as family law. Family law refers to a practice area that focuses primarily on legal issues involved with family relationships. These specific relationships may include marriages, divorces, adoptions, child custody, and more. Family law lawyers represent clients in court proceedings and help them navigate the often complicated negotiations process. They also draft key legal documents, such as court petitions and property agreements, and will represent their clients in front of a judge during a trial. 

Some family law lawyers will focus on particular specialties. Some may specialize in adoption cases, emancipation, divorce, or other family-related issues. What’s unique about family law attorneys is that their cases deal so intimately with close bonds, especially those between children and their parents. This is why family law requires a unique level of empathy and compassion as these lawyers help families navigate these challenges. 

What Does a Divorce Attorney Do?

What exactly can a divorce attorney do for your case? Essentially, a divorce lawyer will handle all the legal aspects of your case from start to finish. They’ll gather important documents, file the necessary paperwork, and help you adhere to critical deadlines. Their role is to make the divorce process as efficient, timely, and pain-free as possible for their clients. 

While this type of outcome may not always be possible, they’ll utilize their experience and resources to help you meet your legal goals. Your Denver divorce lawyer will also handle any communications with other lawyers, including potential negotiations. Very few people are equipped with the legal knowledge or skills to successfully negotiate these matters. This is one battle you don’t want to face alone. 

Why Should I Hire a Denver Divorce Attorney?

During a divorce, taking the time to find the right divorce attorney might seem like the last thing you need. After all, isn’t it possible to handle a divorce without legal representation? In Colorado, you’re allowed to file for a divorce and complete the entire process without a Denver divorce lawyer. Yet, most legal experts would not recommend this option.

Let’s take a look at who you should hire a Denver divorce attorney:

1. Assess the specifics of your case and determine your legal options.

No two divorces are the exact same. Each divorce presents a unique situation and legal circumstances that need to be navigated. 

For example, a divorce case involving Denver child support will be inherently different than one where no children are involved. A divorce attorney will be able to assess your unique case to determine the best course of action. 

2. Help you set realistic goals.

The best outcome for most divorce cases is an even split between the two parties. A divorce attorney can help you set realistic, attainable goals so that you have a clearer vision of how this proceeding may conclude. They will also help you file the necessary divorce paperwork and make you aware of important deadlines that may affect the outcome of your case.

3. Pre-trial preparation.

If your divorce case goes to trial, there is quite a bit of pre-trial preparation that needs to be done if you hope to achieve a favorable outcome. Your divorce lawyer will assess the specifics of your case and conduct extensive legal research into how the law applies to your situation. They can also work with any potential witnesses you may call and prepare them for the trial. 

4. Represent you in court.

And finally, a divorce attorney will represent you in court in front of a judge if your divorce case goes to trial. In Colorado, all divorce and family law trials are heard by judges—not juries. It takes experience and a thorough understanding of legal information and proceedings to successful present an argument to a judge. While you can represent yourself in a court of law, very few individuals have the experience and knowledge to do so successfully. 

What Happens if I Don’t Hire a Divorce Lawyer?

In some cases, you may be able to successfully complete a divorce without the assistance of a divorce attorney. But this is a risk that most people are not willing to take. Why is that? Well, without the proper legal representation, there’s a chance that your interests will be overlooked and you’ll lose out on that favorable outcome you envisioned. 

If you choose to represent yourself in court, you may fail to meet certain procedural requirements that can hurt your case. From a legal perspective, divorces are complicated and require specific knowledge and experience to find yourself on the right side of the settlement. Hiring a divorce attorney increases your chances of receiving the outcome you desire. 

Conclusion – Why Should I Hire a Denver Divorce Attorney?

Going through a divorce is a challenging, stressful, and emotional experience. If it feels like you may lose everything, remember that you don’t have to go through this process alone. When you work with an experienced and compassionate Denver divorce law firm, you’ll have a team of experts on your side. We’ll help you assess your options, set realistic goals, understand the legal implications of your situation, and work to the best of our abilities to ensure that your goals are met. 

In most cases, there’s no “good” outcome following a divorce, but we work hard to ensure you receive the best possible outcome.  If you’re going through a divorce, don’t take on this burden alone. Hire an experienced and compassionate Denver divorce attorney to help guide you every step of the way. 
Contact us today at Peek Family Law to learn more about how we can help you and your family. With a free consultation, we can assess your legal options and set you on the path toward achieving your legal and family goals.

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5 common divorce myths https://peekfamilylaw.com/2021/05/02/5-common-divorce-myths/ https://peekfamilylaw.com/2021/05/02/5-common-divorce-myths/#respond Sun, 02 May 2021 23:16:12 +0000 https://peekfamilylaw.theunique.link/?p=388 Myth #1: It Matters (Legally) That Your Spouse Cheated Notice that we added the qualifying term, “legally.” After all, any infidelity by your spouse undoubtedly matters to you, and is often a main factor in the decision to get a divorce. As far as the Colorado courts are concerned, though, it doesn’t matter whether or...

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Myth #1: It Matters (Legally) That Your Spouse Cheated
Notice that we added the qualifying term, “legally.” After all, any infidelity by your spouse undoubtedly matters to you, and is often a main factor in the decision to get a divorce. As far as the Colorado courts are concerned, though, it doesn’t matter whether or not your spouse cheated. Colorado is a no fault divorce state, which means you do not need to prove that one spouse is responsible for the divorce.

Myth #2: Property Is Always Split 50/50
Many people believe that all property is split equally between the two spouses. In reality, marital property is split equitably, meaning that it has to be fair, but does not need to be equal. Generally speaking, the court will look at each spouse’s economic circumstances, as well as any factors which impact children, when determining the division of property. Additionally, property which is deemed “separate,” such as a car owned before the marriage, will not be subject to division.

Myth #3: Mothers Will Always Get Primary Custody
This is a myth which is rooted in fact. Many years ago, it was highly uncommon for a father to be granted custody over children in a divorce, even if their mother is unable to care for them. These days, the court will grant custody in “the best interests” of the children, and fathers routinely receive primary custody.

Myth #4: It’s Best to Hide Your Assets
This myth could not be further from the truth. The court will almost undoubtedly find out about your hidden assets, and may even punish you for trying to hide them. The best thing to do is to be as up-front and honest as possible about all your assets.

Myth #5: Men Will Always Have to Pay Child or Spousal Support
This is another myth that was once true, but no longer carries any weight. These days, it is possible for both the mother and father to be ordered to pay child support payments. Likewise, alimony can be ordered for both men and women, and is now based on current earnings and earning potential, rather than gender.

Getting divorced? Call our firm today for your free case evaluation.

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5 things you shouldn’t do during a divorce https://peekfamilylaw.com/2021/05/02/5-things-you-shouldnt-do-during-a-divorce/ https://peekfamilylaw.com/2021/05/02/5-things-you-shouldnt-do-during-a-divorce/#respond Sun, 02 May 2021 21:45:27 +0000 https://peekfamilylaw.theunique.link/?p=384 Don’t Wait to Hire an Attorney One of the most common mistakes people make during a divorce is waiting to hire an attorney. While an experienced lawyer can provide invaluable assistance with the process, they can also help you avoid serious mistakes. By retaining legal counsel early in the process, you can avoid these issues...

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Don’t Wait to Hire an Attorney
One of the most common mistakes people make during a divorce is waiting to hire an attorney. While an experienced lawyer can provide invaluable assistance with the process, they can also help you avoid serious mistakes. By retaining legal counsel early in the process, you can avoid these issues from the beginning.

Don’t Use Your Children as Therapists or Spies
Divorce is especially difficult on children, but can be made even tougher if one or both parents use them as a sounding board. While you may have serious issues with your spouse, you should not bring your children into the middle of your dispute. Do not use them to collect information on your spouse, or attempt to sway their opinion of the other parent.

Don’t Attempt to Hide Property
It is very common for individuals to hide property, or “give it away” with the intention of retrieving it later. This rarely works out well. If the court finds out that you are attempting to hide property, you could face incarceration, a dismissal of your claims, and additional fees.

Don’t Violate Any Court Orders
During a divorce, it’s common for a judge to issue temporary custody or visitation orders. It is a very bad idea to violate these court orders, as it can make it extremely difficult to get the custody or visitation rights you desire. Unless you have reason to believe that your children are in danger, it’s best to follow the court order to the letter.

Don’t Let Your Emotions Control You
This is perhaps the most important “don’t” of divorce. Divorce is an extremely stressful process, and it’s very normal to feel angry and upset at your spouse. However, it’s crucial that you don’t make decisions based on emotion–while you may feel better for a moment, there is nothing to be gained from this behavior.

Getting Divorced? Call (303) 495-5757 Today.
At Peek Vasquez, LLC (former Peek Family Law, LLC), our skilled Denver divorce attorney can help guide you through this difficult time. Our firm proudly provides personalized, comprehensive legal solutions which are aligned with our clients’ desired results. Attorneys Sean Peek and Ricardo Vasquez have extensive experience in a variety of family law matters, and can assist you with all aspects of your divorce including child custody, child support, alimony, and more.

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The qualities of a good family lawyer https://peekfamilylaw.com/2021/04/09/the-qualities-of-a-good-denver-family-lawyer/ https://peekfamilylaw.com/2021/04/09/the-qualities-of-a-good-denver-family-lawyer/#respond Fri, 09 Apr 2021 23:21:00 +0000 https://peekfamilylaw.theunique.link/?p=390 In family law matters such as divorce and child custody, the quality of counsel you retain can play an enormous role in the outcome of your case. It can be hard to know what to look for – although online reviews are helpful, nothing beats a face-to-face meeting with your attorney. In this blog, we...

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In family law matters such as divorce and child custody, the quality of counsel you retain can play an enormous role in the outcome of your case. It can be hard to know what to look for – although online reviews are helpful, nothing beats a face-to-face meeting with your attorney. In this blog, we discuss five qualities which indicate that a lawyer is at the top of their game.

1. They Are Logical
In family law cases, it is absolutely crucial to choose a Denver family law attorney who can think logically. In contentious cases like divorce or child custody, your lawyer needs to be able to advise you of your best interests at a time when you are likely overcome with emotions. A logical lawyer has the tools to put together clear, effective legal strategies.

2. They Are Creative
Legal matters are rarely black or white, and this is especially true for family law. For example, child custody matters are often decided based on the “best interests of the child,” but this is very subjective. It’s important to have a lawyer on your side who can develop creative solutions to the challenges you may face, and who can think on their feet.

3. They Are Well-Spoken
An attorney’s ability to talk is often their greatest weapon. This is true in the courtroom, and is equally true in mediation and other negotiations. You want a lawyer who can communicate clearly and effectively to make sure your voice is heard.

4. They Are Compassionate & Friendly
This one is a bit more specific to family law – in matters of criminal defense or business litigation, you may want a lawyer who is cold and calculating, not warm and friendly. In a divorce or child custody matter, however, you want an attorney who understands your goals, your desired situation, and your concerns. A lawyer who will take the time to listen is typically a lawyer who cares about helping you resolve your legal issues.

5. They Are Knowledgeable
The family law matters you may be facing can impact the rest of your life, in many ways that you may not expect. It’s important to have an advocate on your side who understands how these matters will affect you. A good Denver divorce attorney will advise you as to the best course of action at every step of the process.

Don’t settle for subpar representation. Contact us today to schedule an initial consultation

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Benefits of an uncontested divorce https://peekfamilylaw.com/2021/03/15/benefits-of-an-uncontested-divorce/ Mon, 15 Mar 2021 09:58:00 +0000 https://peekfamilylaw.theunique.link/?p=403 Lower Costs It’s no secret that expenses for divorce procedures can easily rack up. Since the process for an uncontested divorce is shorter, there are lower attorney fees and court costs for both parties. Divorces are stressful enough already without the added pressure of financial burdens and worrying about covering the overwhelming legal costs. With...

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Lower Costs
It’s no secret that expenses for divorce procedures can easily rack up. Since the process for an uncontested divorce is shorter, there are lower attorney fees and court costs for both parties. Divorces are stressful enough already without the added pressure of financial burdens and worrying about covering the overwhelming legal costs. With the money you save by having an uncontested divorce, you can focus on building a life after the divorce is finalized.

Time Saver
In uncontested divorces, both parties are normally in agreement of most of the terms of the divorce. This results in much less time and paperwork, which streamlines the entire process and minimizes the room for errors to be made. While a contested divorce can typically take several months or even longer, sometimes the process for an uncontested divorce can be done much quicker.

Lower Level of Conflict
If preserving a civil relationship between you and your ex-spouse is important, an uncontested divorce is most likely your best option. The process fosters a more cooperative environment that allows for open discussions to take place. While it’s unrealistic to assume that no conflicts will arise between you and an ex-spouse, the amount of disputes significantly decreases in an uncontested divorce.

Confidential
The last thing you want when going through a divorce is for your information to be made public. Divorce proceedings and procedures are typically thought of as private and closed meetings, but when taking a divorce to court, documents outlining your financial and personal information becomes a public matter and is eventually made accessible through county records. In a divorce that is uncontested, less paperwork is filed which results in less information to be made public.

In need of a Denver divorce lawyer? Contact us to schedule a case evaluation.

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Five myths about Colorado Alimony Law https://peekfamilylaw.com/2021/02/11/five-myths-about-colorado-alimony-law/ Thu, 11 Feb 2021 10:10:00 +0000 https://peekfamilylaw.theunique.link/?p=409 Permanent Spousal Maintenance Lasts Forever When it comes to spousal maintenance payments, the word “permanent” isn’t necessarily the best to describe most settlements. In fact, truly permanent lifelong maintenance is becoming increasingly rare. The term “permanent” in this case merely refers to the fact that the payments do continue for a designated length of time...

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Permanent Spousal Maintenance Lasts Forever
When it comes to spousal maintenance payments, the word “permanent” isn’t necessarily the best to describe most settlements. In fact, truly permanent lifelong maintenance is becoming increasingly rare. The term “permanent” in this case merely refers to the fact that the payments do continue for a designated length of time beyond the end of the divorce proceedings. As a general principle, the longer the marriage has lasted, the longer the alimony payments will be ordered, but truly lifelong permanent maintenance is only ever granted in very rare circumstances.

My Spousal Maintenance Payments/Awards Depend Entirely on my Lawyer
While it is undoubtedly important to retain a skilled Colorado divorce lawyer when going through divorce proceedings in order to obtain the best settlement you can, there are legal precedents set in place for determining alimony awards. You should always speak with a skilled lawyer if you have any questions regarding your eligibility to make or receive payments and determine if your unique income situation qualifies you for any special considerations.
Colorado’s courts treat alimony payments as rehabilitative, giving one spouse a chance to improve their life by finding a new place to live, further their education, or in some way improve their livelihood in order to be better prepared for life without the income of their former spouse. Formulas are in place to help determine these payments, but a judge has the power to address special circumstances.

My Spousal Maintenance Settlement is Final
This is false. Spousal maintenance awards can be adjusted or even terminated due to a change in circumstances. For example, if the recipient of spousal maintenance is able to get a job and adequately support themselves and their quality of life, then both parties may agree to terminate the payments early. Likewise, many spousal maintenance awards terminate if the recipient remarries.

Men are the Only Ones who Pay Spousal Maintenance
Men are not the only ones who work, and in many households, are not the primary income earner. Thus, men can receive alimony payments. The spousal maintenance formula for Colorado couples factors in individual income, the length of a marriage, and property ownership and allocation, but makes no reference to any gender restrictions for either side of an arrangement.

Common Law Marriages Don’t Have Spousal Maintenance
Common law marriages are somewhat of a grey area in Colorado law, as there is no defined amount of time two people must be together before their union may be considered marriage by common law. The biggest factor in these cases is whether there is an agreement and general assumption of marriage to the public. Filling a joint tax return, having a combined bank account, or filing for married benefits with insurance companies can even constitute a public assumption of marriage and subject the higher income earner to make spousal maintenance payments should the couple split up.

Peek Vasquez, LLC is a Denver family attorney specializing in all matters of family law, including adoption, divorce, custody, and many other matters. A graduate cum laude from the Tomas M. Cooley Law School, Attorney Peek has the knowledge and insight to help you with whatever your family legal needs may be.

If you have a question pertaining to your legal options or would like to have your case evaluated, contact Peek Vasquez, LLC (former Peek Family Law, LLC) online or by phone at (303) 495-5757 today.

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Moving out before a finalized divorce https://peekfamilylaw.com/2021/02/03/moving-out-before-a-finalized-divorce/ Wed, 03 Feb 2021 10:40:00 +0000 https://peekfamilylaw.theunique.link/?p=423 If you are being subjected to emotional abuse, there is some good news: you do not have to take it and you can move out without issue. In fact, you should get out quickly to help preserve your own physical or emotional safety. In these instances, you can request temporary protective orders from judges. Keeping...

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If you are being subjected to emotional abuse, there is some good news: you do not have to take it and you can move out without issue. In fact, you should get out quickly to help preserve your own physical or emotional safety. In these instances, you can request temporary protective orders from judges.

Keeping Your Possessions
The spouse who stays in the home is in no way guaranteed to be the spouse who gets to keep the home after the divorce is finalized. In fact, Colorado law tends to side more with the spouse who has the legal responsibility for the home, including having their name on the mortgage and their utility bills. When the spouse responsible for these burdens cannot afford them, the court will often order some form of temporary maintenance during the divorce, particularly if that spouse is not the higher-earning spouse.
Keeping the home afterward is also open to negotiation. One spouse can request to keep the home, but may have to concede on a number of other points in order to make a fair divorce agreement. Likewise, the things within the home itself, such as furniture, may be taken away, as well as any mutual possessions that are given away as part of the concession.

Child Custody
During a divorce, the court may opt to create a temporary child custody order in order to help the children’s lives remain stable. This can be seen as an advantage to the parent who remains in the home for child custody, but not always. Making an agreement in writing that the parent who is moving out is not giving up any rights to child custody is one way to ensure you maintain your rights. If you cannot obtain one of these agreements, you can ask the court to establish a temporary parenting schedule, which also helps maintain your rights to child custody.
If you need assistance with your divorce case, seek assistance from a skilled Denver divorce attorney. At Peek Vasquez, LLC (former Peek Family Law, LLC), attorneys Sean Peek and Ricardo Vasquez help you shoulder the emotional burden by removing some of the stress and uncertainty from your divorce. When you trust your case to Attorneys, you can be sure that your case is in the hands of an attorney who is up to date on the latest laws and case results, allowing us to fight to protect the best interests of you and your family in the most optimal manner.

Call Peek Vasquez, LLC today at (303) 495-5757 and schedule your case evaluation with our firm.

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Minimizing the Impact of Divorce on Children https://peekfamilylaw.com/2021/01/06/minimizing-the-impact-of-divorce-on-children/ Wed, 06 Jan 2021 10:05:00 +0000 https://peekfamilylaw.theunique.link/?p=406 Avoid Blaming You can explain the terms of your divorce with your child without being overly critical of your ex-spouse. While this may be difficult to do, especially if the marriage is ending due to the actions of one particular parent, your child will see that there is still a mutual respect between you and...

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Avoid Blaming
You can explain the terms of your divorce with your child without being overly critical of your ex-spouse. While this may be difficult to do, especially if the marriage is ending due to the actions of one particular parent, your child will see that there is still a mutual respect between you and your spouse.

Remember to Reassure
During the divorce transition, reassuring your child that he or she is still loved by both parents is extremely important. If you can’t promise that everything will remain the same, then don’t promise it. There will be differences in everyone’s lives once the divorce is finalized, and there is no use tip-toeing around the inevitable.

Keep the Discussion Open
There will be times when your child won’t want to discuss the divorce or talk to either parent regarding their separation, and you should let them have that time. Even if your child doesn’t have questions or comments right away, it’s not to say there won’t be any in the future. Keeping the discussion open allows your child to feel welcome to come to either parent to discuss how they’re feeling when they’re ready.

Establish a New Routine
A big part of every child’s life is their day-to-day routine, which can be greatly disrupted once divorce is on the table. Take the initiative and establish a new routine early on, and make sure it’s consistent. During the transition, it’s common for children to test the boundaries and behavioral rules. Be firm, but loving. As a parent, you can show that regardless of situation, you and your child will get through it as a family.

Filing for divorce and need help understanding your rights? At Peek Vasquez, LLC (former Peek Family Law, LLC), our dedicated Denver divorce attorney can ensure that you not only understand your rights, but that they’re protected. Contact us today to schedule your consultation

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Holiday tips for divorced parents https://peekfamilylaw.com/2020/12/15/holiday-tips-for-divorced-parents/ Tue, 15 Dec 2020 10:42:00 +0000 https://peekfamilylaw.theunique.link/?p=425 In this blog, our Denver family attorney provides a few valuable tips for families about to go through this new experience for the first time. Keep Your Kids First Arguably your most important challenge during the new holidays is helping your kids become comfortable with their new “normal” holiday celebration. This includes giving them a...

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In this blog, our Denver family attorney provides a few valuable tips for families about to go through this new experience for the first time.

Keep Your Kids First
Arguably your most important challenge during the new holidays is helping your kids become comfortable with their new “normal” holiday celebration. This includes giving them a voice in the decisions you make regarding the holidays. Listen to your children — if they have certain desires that are within reason, then be flexible and do your best to accommodate them. Consider their favorite traditions of each holiday and do your best to allow those to continue. Familiarity is a great way to show your children that even though the living situation may have changed, their family situation doesn’t have to.

Coordinate a Schedule
Keeping your kids first will require a good amount of flexibility of both you and your spouse in terms of your schedules. Communication and cooperation are key to maintaining a coordinated schedule. A stable schedule can help give kids an idea of what to expect over the holiday season and who they’ll be seeing and when. Rather than dread the unknown, this gives children the chance to start to look forward to seeing their family members. You can make this schedule as specific or general as you see fit, but be sure to establish one and stick with it.

Don’t Compete
The holidays are not a time to compete with your spouse over your children, and in reality this will only make the experience worse for everybody. Rather than keep your gift plans secret from your spouse, coordinate with them to avoid any duplicate gifts. This can also help set a budgetary constraint that will prevent either of you from breaking the bank over the holidays. Money is usually tight after a divorce, and you definitely don’t want to have to declare bankruptcy as a result of trying to out-do your ex. It’s also important to teach your children that both of their parents are important to them, and competing usually defeats that message.

If you need assistance with your own family law matter, contact Peek Vasquez, LLC (former Peek Family Law, LLC) today. Attorneys Sean Peek and Ricardo Vasquez understand the importance of quality representation in your divorce case, knowing that the outcome will affect you and your family for many years to come. Whether you need assistance with a divorce, child custody, spousal maintenance, or any other family law issue, let Attorneys stand up for your best interests.

Call Peek Vasquez, LLC to schedule a consultation today by dialing (303) 495-5757

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Colorado’s Relocation Process Explained https://peekfamilylaw.com/2020/10/08/colorados-relocation-process-explained/ Thu, 08 Oct 2020 10:14:00 +0000 https://peekfamilylaw.theunique.link/?p=411 Is the relocation permissible? The desire of one parent to move in this way is often objected by the other parent, thus requiring the need to open a relocation dispute case. A standard procedure for these cases was set in 2001 which requires parents with whom a child resides with most of the time and...

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Is the relocation permissible?
The desire of one parent to move in this way is often objected by the other parent, thus requiring the need to open a relocation dispute case. A standard procedure for these cases was set in 2001 which requires parents with whom a child resides with most of the time and wishes to relocate over a substantial distance to send the other parent a written notice.

This notice must include:

  • The requesting parent’s intent to move
  • The location they plan on moving to
  • The reasons for moving
  • A proposed new parenting plan and schedule

This request must also be filed in Colorado family court, which in turn will determine if the relocation is in the best interests of the children involved. Will the move improve their lives? Will it inhibit their ability to see one parent? Is the move designed to prevent the parent who does not have the majority custody over their children from having access to them? These are all questions the court will consider before coming to a decision on the permissibility of the relocation.

Determining a New Parenting Plan
In the event of objections from the other parent, a new parenting plan will have to be created through the family mediation process. This will likely change the amount of visitation both parents have, as well as responsibility for travel and could potentially also impact things such as spousal maintenance if any additional expenses will occur. In any case, it is important for both parents to work together to come to a decision that benefits the family as a whole, particularly the needs of the children who will face a significant change in their upbringing as a result of a relocation.
It is strongly advised that any parents seeking relocation or who harbor objections to a relocation request secure the services of a family attorney who can represent the best interests of your family and stand up for your rights as a parent in order to determine the best possible outcome in a relocation case.

Peek Vasquez, LLC (former Peek Family Law, LLC) has provided numerous families with strong legal representation in a number of different family law cases. Attorney Sean Peek is a published author and trusted source of information for legal advice. His tenacious approach to each case ensures a quick resolution to each case while efficiently achieving the best possible results for his clients.

To retain the services of Peek Vasquez, LLC (former Peek Family Law, LLC), call our Denver office at (303) 495-5757 or contact us online today to request an initial case evaluation from our reputable lawyer.

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