Here in Colorado there have been a handful of recent cases in which the "laches" defense has been invoked. While this defense is rarely used and upheld, it is a tactic that could be used in certain situations within family law cases.
Laches doesn’t prevent litigation. Instead, it is used as a defense. Understanding this term is important if you plan to pursue child support payments or spousal maintenance.
Family law is complex. It encompasses everything from prenuptial agreements, to separation and divorce, to child custody and adoptions.
Anyone researching Denver family law may be surprised that Colorado law does not refer to custody. Instead, it refers to parental responsibilities.
In spite of this unusual title, any family lawyer will tell you that these parental responsibilities are assigned and divided based upon the best interests of the child.
When a couple is considering a divorce, oftentimes one of two things happens. The couple may opt to live separately while considering their options and possibly pursuing counseling. In other cases, the couple may live separately and also file for legal separation.
As the time passes some couples decide to reconcile -- it’s a beautiful thing, however, this decision often involves certain legal impacts.
When parents legally separate or divorce, the judge will determine custody along with a visitation schedule. However, there is no guarantee that these orders will remain permanent.
There are various scenarios where the current arrangements may no longer be in the best interests of the child. In these cases, one or both parents may petition the courts for a modification.
Ideally, parents can come to an agreement on custody matters on their own. Unfortunately, that’s not always the case. Some parents may disagree on what arrangements are best for the child. Resentments may make cooperation and communication a struggle. Same-sex and/or unmarried couples also find it hard to understand the legal custody rights available to them.
If you and your child’s other parent can’t agree on custody arrangements and would like to take matters to court, there are some things you’ll need to do to prepare.
Your child’s other parent contacts you and tells you they plan to move and take your shared child with them. What do you do? Can you stop them? What happens if they’ve already moved?
If you find yourself in this position, don’t do anything rash. Here are some important things to know if you have shared child custody even as an unmarried couple.
If someone’s words or actions have caused you to fear for your safety or the safety of your children, you may seek out legal remedy by getting a restraining order.
This is a civil court order that can accomplish the following:
Many divorced or divorcing fathers believe that they don’t have the same chance of getting full or joint custody as their child’s mother. They may also perceive that they have diminished parental rights in the eyes of the court, especially if they never tied the knot with the mother.
Certainly, there is some historical truth to this. When household roles were usually more traditional, mothers were often the primary caregivers as well as primary attachment figures As a result, courts usually awarded primary, physical custody to mothers. It is essential to understand that isn’t always the case today.
Unfortunately, infidelity is not a rare cause of divorce. Of course, there are other common factors that can lead up to a divorce. Denver divorce lawyers are here to guide you in this case.
A spouse who has been cheated on may feel betrayed and angry. They may want the courts to inflict some sort of penalty on their spouse during divorce proceedings. On the other hand, a spouse who has cheated may worry that their actions could have a negative impact in terms of child support or custody.
