WITNESSES!—Part 2 of 4: Willingness of the Witness

The title of this article—with an exclamation point—says it all. Witnesses are often considered to be the secret weapon and the best evidence to present in Court. However, the reality is quite different than most of us believe. Witnesses are limited by a number of factors including: Availability Willingness Court Rules Credibility WILLINGNESS OF THE WITNESS: It is not uncommon for a person going through a divorce or custody case to believe they have a witness to the behavior of the other party who will testify on their behalf. However, many litigants discover that the witness they believed would testify in their favor, suddenly appears unwilling to do so. This article briefly touches upon a few of the many considerations…

Read More

WITNESSES!—Part 1 of 4: Availability of the Witness

The title of this article—with an exclamation point—says it all. Witnesses are often considered to be the secret weapon and the best evidence to present in Court. However, the reality is quite different than most of us believe. Witnesses are limited by a number of factors including: Availability Willingness Court Rules Credibility AVAILABILITY OF THE WITNESS: The “availability” of a witness means three things: whether there is a witness (someone actually saw or heard something); whether that person is able to testify in Court and, sometimes, whether a litigant can afford to pay what a witness is charging. This article briefly touches upon a few of the many considerations when determining witnesses—and how a Court’s interpretation of the issue affects…

Read More

Holiday Parenting Time For Divorced Families: Some thoughts on How to Allow Your Child to Enjoy the Holidays!

For many children of divorced or split families, the holidays present challenges. Children are bombarded in the media by images of happy homes and families, especially at Christmas. A Child’s reality, though, may be quite different. Families that have experienced a divorce or where the parents do not live together, face a different set of norms when the holidays arrive. The normal course of a holiday for these Children often involves traveling mid-day from one parent to the other—leaving one parent just as the fun is starting and arriving at the other parent’s home just as the fun has concluded. Now, leaving the fun or arriving too late for the fun may not actually be what is happening at either…

Read More

Every Move You Make Has a Consequence

When you are involved in a divorce, every move you make has a consequence. OK, this sounds like common sense and is not really news to anyone who has been through the process, right? However, what surprises most people about a divorce is how significant a seemingly routine choice becomes. It is so importance to truly understand what this means; because it will likely affect everything about how your divorce case proceeds and where you will end up after your divorce. The role of your divorce attorney must be as an experienced advisor who knows the likely outcomes of the choices with which you will be confronted. For example, choosing to keep the house that you and your spouse lived…

Read More

The Role of the “Expert Witness” in a Custody Case. (Part 3 of 3)

Creating a Strategy: Using a Child and Family Investigator (“CFI”) or a Parental Responsibility Evaluator (“PRE”) in your child custody case is a decision you should make with the guidance of your divorce attorney. The CFI/PRE, allows in depth recommendations to be made to the Court regarding the parenting plan. The most important decision you and your attorney make regarding use of a CFI or PRE, however, will be the “strategy” that you develop. Anyone can react to the tactics, behaviors, manipulations and actions of their opponent during litigation. What you want to do is to get control of yourself and the litigation by getting control of the issues. With a CFI or PRE, gaining control over the issues to…

Read More

The Role of the “Expert Witness” in a Custody Case (Part 2 of 3)

Child Custody Evaluation By a Child and Family Investigator (CFI) – The Good, the Bad and the Ugly: Using a Child and Family Investigator (CFI) or a Parental Responsibility Evaluator (PRE) in your custody case is a decision you should make with the guidance of your attorney. The CFI/PRE, allows in depth recommendations to be made to the Court regarding the parenting plan. The most positive aspect of having a CFI/PRE involved in your case is that if they are “on your side”—meaning they have made a recommendation favorable to your position–this can be persuasive evidence to the Court to rule in your favor. The CFI/PRE can also be of assistance as parenting disputes and other issues arise during the…

Read More

The Role of the “Expert Witness” in a Custody Case (Part 1 of 3)

In Colorado, “custody” cases, also called “parental responsibility” or “parenting time” cases, sometimes require the use of an expert parenting evaluator. These “experts” are usually psychologists or therapists who have additional training and have been approved by the Colorado courts to provide recommendations regarding parenting plans and other “custody” matters. Parenting experts are most often used in higher conflict child child custody cases such as: when one parent is attempting to show that the other parent is unfit or less-fit than they or when one parent wishes to move away, taking the children away from the other parent. What to Expect From an “Expert Evaluator” During Your Child Custody Case The expert will evaluate you and the other parent through personal…

Read More

The Unforeseen Cost of Representing Yourself in a Divorce

It is a common thought that, “I can save a lot of money on attorney fees if I do not hire an attorney.” This may be the case, but what will it cost you in the long run? There is an abundance of hidden risks that people take when they decide to try to handle their divorce by themselves. The old saying goes “he who represents him [or herself] has a fool for a client.” Here are a few things to consider before deciding whether or not to hire an attorney to assist you through your divorce proceedings. You may lose rights that you never knew you had Obviously, if you are not paying an divorce lawyer represent you, you…

Read More