In Colorado, a couple may get a divorce from a typical marriage (with a marriage license), from a common law marriage, or from a civil union. The purpose of a divorce, aside from ending a marriage and allowing remarriage, is to determine the contents and division of the marital estate (the couple’s assets and debts) and to determine how parental responsibilities will be allocated if there are children of the marriage.

When two parties have children together without being married, either may seek the Allocation of Parental Responsibilities.  This term encompasses what many people think of as “legal custody” (decision making) and “physical custody” (parenting time), and also includes child support.

Parental Responsibilities, whether established through a divorce or through an Allocation of Parental Responsibilities case, are not set in stone.  Parents can seek to change child support, parenting time, decision making, or all three, based on a change in circumstances and a court’s determination of what is in the child’s best interests or whether the current situation endangers the child’s health or well-being.

Child Support may be established through a divorce or parental responsibilities case, or it may be filed through the juvenile courts when a party seeks a paternity determination.  Child support amounts are based on a number of factors, including how many overnights the child spends with each party, the incomes of the parties, and how much the parties spend on medical care and child care.

The courts allow parties to modify their child support obligations any time that there is a change in circumstances which would raise or lower child support by 10%.  Those circumstances include, changes in one or both parties’ incomes, a change in overnights, or a change in medical or day care costs.

When someone is brought to court for violating a previous order (such as a child support order or a parenting time order), they risk being found in contempt of court.  The penalties include fines, payment of attorney fees, remedial actions, and even jail time.

Dependency and Neglect cases are opened when a county finds that a child is unsafe in the care of their parents.  At the beginning of the case, the child may stay home with a parent, or may be placed with a relative or in foster care.  The purpose of the dependency and neglect case is to establish a plan for the child to be back with their parents, while resolving the issues that opened the case.

Colorado recognizes the importance of grandparent relationships, and allows grandparents to seek court assistance for visitation with grandchildren if one or both parents are not allowing it. Grandparents can seek visitation when there is a custody case involving the family or when a parent passes away.

Estate Planning and end of life planning include drafting wills and trusts, establishing powers of attorney, and preparing living wills. Wills and trusts may be necessary if you have any assets, such as a home, and if you have children. Powers of attorney and living wills allow your family to take the best care of you should you become incapacitated temporarily or permanently.

When someone is not able to make their own decisions on a long-term basis, the Court can appoint a conservator to take care of financial issues or a guardian to take care of medical and other needs. The Court can appoint family members or professionals to fill these roles.