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Creating a Parenting Plan: What the Court looks for…Part 2 of 9

The Law Office of Jeanne M. Wilson & Associates, PC. Blog

When a Colorado Court is confronted with Parents who disagree about what is the best child custody (now called a “parenting plan”) arrangement for their Children, the law requires the Judge to determine a parenting plan “in the best interest of the child”. The difficulty for the Judge, of course, is that both Parents believe they are better than the other; and, both Parents ostensibly want what is best for their Children. To choose between competing parenting plan proposals, the Judge must look to the statutes that provide the criteria to make such an assessment. Under Colorado law, the Colorado Revised Statute 14-10-124, provides the following factors as guidance when determining a parenting plan. (I) The wishes of the child’s…

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Creating a Parenting Plan: What the Court looks for… Part 1 of 9

Creating a Parenting Plan After Divorce

When a Colorado Court is confronted with Parents who disagree about what is the best custody (now called a “parenting plan”) arrangement for their Children, the law requires the Judge to determine a parenting plan “in the best interest of the child”. The difficulty for the Judge, of course, is that both Parents believe they are better than the other; and, both Parents ostensibly want what is best for their Children. To choose between competing parenting plan proposals, the Judge must look to the statutes that provide the criteria to make such an assessment. Under Colorado law, the Colorado Revised Statute 14-10-124, provides the following factors as guidance when determining a parenting plan.

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Keeping Legal Costs Down: Part 2 – Working With Your Attorney

Keeping Legal Costs Down

Anyone experiencing the turmoil of litigation and divorce, knows that the financial toll of attorney’s fees can be a significant concern. Knowing what you can do to keep costs under control can make the experience a little less unpleasant. Where do you start? The following discusses some of the considerations you will face and how you may want to navigate those choices. How Often Do I Contact My Attorney? Clients need to be able to contact their attorney when they have questions, concerns or require updates for issues that arise. For most attorneys, every contact with a Client is billed at the attorney’s rate for the period of time specified. For the attorney’s support staff, the Client contacts are billed…

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Keeping Legal Costs Down: Part 1 – Choosing the Right Attorney

Choosing The Law Office of Jeanne M. Wilson & Associates, PC.

Anyone experiencing the turmoil of litigation and divorce, knows that the financial toll of attorney’s fees can be a significant concern. Knowing what you can do to keep costs under control can make the experience a little less unpleasant. Where do you start? The following discusses some of the considerations you will face and how you may want to navigate those choices. Choice of an Attorney: When choosing an attorney, find out how that attorney bills their Clients. Is there a retainer and hourly rate or a flat fee? Does the attorney have a menu of costs for each task—such as, if you send an e-mail you will be charged $_____? Does the attorney work on a retainer—which is an…

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LITIGATION DECISIONS-when the attorney makes the decision

Family Law attorneys should not be making decisions for their Clients.  The Client should be making the decisions. It is the job of the attorney to provide enough information, expertise and guidance to the Client, so that the Client understands the options available, the risks or consequences of those options and the Client can then make a decision that is right for them and for their family.  However, when the case lands in the courtroom, there are times the attorney must make the decision(s) without the Client’s input or control. Litigation in a courtroom is different than what occurs in the attorney’s office or during negotiations with the opposing party. Litigation is directed by the Judge.  It is the Judge’s…

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THE LAW OF UNINTENDED CONSEQUENCES

Litigation in a courtroom can be tricky.  Attorneys study and practice for many years before they have a good grasp of how litigation REALLY works. This is real life—not TV—and the reality of courtroom litigation is that it is difficult, extremely demanding and easy to make a mistake. The attorney should have a detailed plan of what will be presented and know why and under what circumstances it will be presented.  The attorney should also have an understanding of what the opposing party plans to present. The attorney’s plan, however, is subject to the court’s rules of procedure and evidence—as well as the personal thoughts and legal rulings of the judge. A mis-step by the attorney can allow evidence to…

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More About Preparing for Testimony in Court

“How” to present the message can be as important as the message A recent Courtroom experience where I was observing another attorney, has driven home the point that “how” a parent presents their testimony is sometimes just as important as the substance of that testimony.  In the case I observed, it was obvious that the mother had been counseled by the attorney on how to present certain negative facts—so that the Court would hear her message. Her testimony was somewhat counter-intuitive in that it was not harsh and demeaning and designed to embarrass and shut down the father of her children because of an addiction. Instead, it was quiet, kind, well thought out (to a conclusion for a safe parenting…

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Completing the Sworn Financial Statement: What to Know, What to Do

Law Office of Jeanne M. Wilson Law and Associates

Parties to a divorce or custody case are in a unique relationship compared to the litigants in other types of cases. The parties in a domestic relations case know each other and either share a history (in a relationship or marriage) or will share a future—when a child is at issue. The rules mandate certain things be disclosed even if no-one is asking for them to be disclosed. For example, any financial documents that are material and that could be relevant must be disclosed including tax returns, pay stubs, W-2s, child care costs, medical insurance, mortgage contracts, retirement plans, pensions, IRAs and 401(k)s. Your monthly budget of debts and income will be detailed in the Sworn Financial Statement—which will be…

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