How a Denver Adoption Lawyer Can Help You

A Denver adoption lawyer can assist you in many ways if you are a parent looking to adopt a child.  There are many different types of adoptions, so there are many different processes one might take toward adoption.  For example, a single parent who is adopting a child from an agency will have a different experience than a step-parent who is formally adopting the child of his/her spouse.  Similarly, the process changes if the adoptive family seeks to adopt a child from outside Colorado or outside the United States.

A Denver adoption lawyer can assist you in all of these scenarios to ensure all of your legal obligations are met and all of the correct documentation is presented.  If these processes are not met to the standards of Denver adoption law, it can delay your process of adoption and even cause a court to deny your request to adopt.  This is why having an experienced Denver adoption lawyer is often vital.

In a typical adoption, many families will go through an agency and follow the processes set forth by them.  Even when adopting through an agency, there are a number of factors to be considered.  You must still present the agency with your information and undergo a standard screening process.  A Denver adoption lawyer can help you by letting you know what will be required of you before, during, and after this screening process.  They can also help you fill out all the necessary paperwork.

In certain cases, a parent may adopt a child without a formal legal procedure.  This is often called equitable adoption.  In these situations, the adoptive parents take the child in because the child is orphaned, abandoned, or otherwise.  In other words, there is no legal document stating that the child is officially in the custody of the parents.  This type of adoption can face complications if the natural parents return and request custody of the child.  A Denver adoption lawyer can provide counsel, but if the natural parents attempt to deny the custody of their child by equitable adoption (called adoption by estoppel) then there is little than can be done legally.

Even if an adoptive parent has acted as such for a number of years, he/she would not be able to legally deny custody of the child to the natural parents by adoption by estoppel.  There is not much legal action a parent through equitable adoption can take against a biological parent, unless it is a case of abuse or abandonment.  However, equitable adoption and adoption by estoppel are often used in a legal sense by the adopted child.  Talk to a Denver adoption lawyer to learn more about how these processes work legally.

If an adoptive parent through equitable adoption dies, and has no written will, the child may be able to claim a portion of the parent’s assets based on equitable adoption.  Similarly, if the child’s natural parent dies, he/she could also claim assets based on adoption by estoppel.  Even if the parents have a written will and the child is left off of it, he/she may still be able to claim assets on the basis of being an omitted or pretermitted child.  A Denver adoption lawyer can also assist in these types of legal scenarios.

Undergoing the Denver Adoption Process

The Denver adoption process will vary a lot based on the make up of the family as well as where they plan to adopt from.  For example, if a family is adopting through an agency they will undergo a different process than a family adopting directly from the natural parents.  The Denver adoption process is also different in cases of international adoption where the adoptive parents live in a different country than the child.  Despite these differences, there are several common attributes to any Denver adoption process that an adoptive family must go through in order to adopt a child.

Before a family can adopt a child, they must undergo a screening process by the adoption agency or a social service investigator.  During this time, the prospective parents will need to compile and present any documents requested by the investigators.  The parents will be interviewed and also visited at their home.  If the investigators find that the family is capable and suitable for raising a child, they will move on to the next phase of the Denver adoption process.

Following the screening process and the placement of the adopted child into its new home, there is a six-month temporary custody period before the adoption is final.  During these first six months, the child is monitored to ensure he/she transitions well into the new environment.

In some cases, a court can grant subsidies to the family based on the adopted child’s needs.  These subsidies can help the family handle any medical, psychological, or other needs the adopted child may have.  Denver only grants subsidies to families based on the needs of the adopted child.  Under no circumstances will subsidies be granted based on the needs of the adoptive parents.  The subsidies will also be reviewed by the court every three years to determine if they are still necessary.

The best way to ensure a smooth and complication-free Denver adoption process, it is best to hire an adoption attorney.  A Denver adoption attorney can provide helpful advice and ensure all of the correct procedures are followed.  This will prevent any delays in getting the adoption finalized, or in worse cases, the court’s denial of an adoption due to a failure to conform to certain adoption laws and criteria.

Another valuable resource is an adoption support group.  Similar to an adoption attorney, the members of these groups and organizations can provide advice and recommendations based on your situation.  These groups are also ideal for providing social and emotional support during the Denver adoption process.  The advice of those who have successfully completed an adoption can be extremely valuable if you are adopting for your first time.  The support group may also be able to refer you to a good adoption attorney, if you are having trouble finding one.

For more information about the Denver adoption process, contact an adoption lawyer in Denver or get in touch with an adoption support group in your area.  Adoption agencies are also great resources of information about adoption and can tell you what you will need to complete the process.

Pre-Divorce Suggestions of a Denver Divorce Lawyer

Divorce is not something most people plan for.  It is not something couples have in mind when they are getting married.  However, about 4 in every 10 marriages end in divorce.  And many times, the aftermath of the divorce can have severe financial consequences on one or both parties.  The problem many spouses face is that they become utterly lost once the idea of divorce is put on the table.  This can be dangerous, since divorce settlements can have lasting effects on one’s quality of life for years afterwards.  It is important to be vigilant in the preparation for a divorce.

A Denver divorce lawyer can help you in the early and later stages of the divorce process.  Your Denver divorce lawyer my suggest some of the following ways to better prepare yourself in the case of a divorce:

1. Keep Non-Marital Assets Separate
One of the first steps to take when divorce becomes imminent is to separate your non-marital assets.  In most marriages, many of the assets cannot be easily claimed by one of the parties or the other because they were gained or changed/improved during the marriage. If you are worried you may loose ownership of certain assets as a result of the divorce, be sure to gather any receipts or documents you have regarding those assets.  These will help the court proceedings run much smoother.  Your Denver divorce lawyer will have more information about the claiming of assets.

2. Establish Your Own Credit
A Denver divorce lawyer may also suggest that you establish your own credit by putting your name on any household accounts or investments.  It also helps to have a credit card in your name.  This will increase your chances of finding loans or mortgages following the divorce.

3. Review Your Financial Holdings Regularly
Be sure to keep separate records of your financial holdings whether they are in your name or your spouse’s.  This includes bank accounts, land purchases, stocks, IRA’s, etc.  Keep track of where these records are so you and your Denver divorce lawyer have access to them during the divorce proceedings.

4. Time Your Divorce
Certainly no one plans for a divorce to happen, but when you decide to separate can play a big role in various ways.  For instance, if you are the non-working spouse in a single income family, you may not earn enough money to qualify for Social Security when you hit retirement age.  However, if you are married for at least 10 years and don’t remarry, you may be able to gain Social Security based on your ex’s earnings when you reach age 62.

5. Close Joint Accounts
If you find a good Denver divorce lawyer early in the divorce process, he/she will surely suggest that you contact any joint-credit-card companies you have worked with and freeze any accounts you and your spouse share.  If you do not take this precaution, you may find yourself responsible for any new charges your spouse makes on those accounts, including divorce attorney fees.  Keep in mind that, upon closing the account, any outstanding charges must be paid.  Once again, keep track of all the records from these transactions and tell your Denver divorce lawyer about any developments.

6. Hire an Experience Divorce Lawyer
Naturally, one of the best ways to ensure a smooth divorce process (if a divorce process could ever be considered smooth) is to be sure your Denver divorce lawyer is very experienced.  An experienced lawyer will be able to steer you away from common mistakes that could have severe consequences.

Duties of a Denver Child Support Lawyer

A Denver child support lawyer is often necessary following a dissolution of marriage to help establish child support. Child support is the money paid by a non-custodial parent to a custodial parent following a divorce or legal separation. Child support is paid for the purpose of assisting the custodial parent in expenses related to raising the common child. This ensures that it is both parents who are contributing financially to the raising of the child.

Following the separation of two parents, a child support order may be issued to one of the two parents. Most likely, it is the non-custodial parent or otherwise the higher earning parent who is required to pay the child support. However, a large factor in calculating who will pay and how much is the amount of time each parent spends with the child. If the non-custodial parent spends a significant amount of time with the child, the amount of child support he/she must pay may be reduced. Talk to your Denver child support lawyer if you feel you are eligible for a reduced child support order. A child support order describes exactly when, how often, and how much child support must be paid.

The child support payment amount is determined by a court depending on the parents’ income. Other factors which impact the amount of child support include the number of children, medical conditions, special educational needs, and travel expenses for visitation. The Denver guidelines for calculating child support can be found by contacting the Colorado Judicial Department. A Denver child support lawyer can also describe to you the process of calculating a fair child support amount.

In Denver, a parent who is required to pay child support may do so by sending a check to the Family Support Registry (FSR) or by using automatic withdrawals. The automatic withdrawal system will automatically deduct the required payment from a paycheck when it is do. This saves the parent from having to remember to send the check or missing a payment. Consult a Denver child support lawyer to find the most practical payment option for you.

The receiving parent can collect the child support money in two ways. One way is to sign up for a direct deposit, which allows the FSR to send the money directly into the parent’s bank account. The other method is to use an FSR card. The FSR card can be used the same way one would use a debit card and can be used anywhere VISA is accepted. When the FSR card is used to pay for something, the money will automatically be deducted from the FSR account. A Denver child support lawyer can also suggest the most practical option given the parent’s situation.

The payment of child support is no longer required once the child reaches maturity, which is often defined as age 18 or 19. The payment of child support can be extended if the child becomes a full-time student in college. The payment of child support can also be discontinued if the child goes into active duty in the military, dies, or becomes self-supporting. If you feel you are no longer required to pay child support, talk to your Denver child support lawyer.

If there is any change in the financial circumstances of either or both parents, a change in the child support order can be negotiated. If you feel that a change in the amount of support paid is necessary, consult your Denver child support lawyer for more information.

Overview of the Denver Divorce Process

To limit the complications and confusion in the Denver divorce process, it is best to hire an experienced and knowledgeable divorce lawyer to help you.  The following is a quick overview of how the Denver divorce process is organized to give you a better understanding of what to expect.

The first step in the Denver divorce process is the filing of the paperwork.  The petitioner (the spouse who seeks the divorce) must present the paperwork to the judge, who reviews the case.  The other spouse, or respondent, must then receive the paperwork and sign a waiver of service.  In Denver, there is a 90 day waiting period before the divorce can become final (the waiting period is not required for annulments).

In some cases, it is not possible to locate a spouse.  If you have this problem, divorce attorneys will contact investigators who are skilled at locating these missing spouses.  If the investigators are unsuccessful, than the petitioner can still go through with the divorce by serving the missing spouse by publication.  Though this is not the easiest process, it can still achieve the desired end result of divorce, even without the other spouse present.

During the Denver divorce process, each spouse must complete a financial statement and provide all financial disclosures.  If a spouse feels the other has not provided adequate information, it is possible to request more documentation.  Ask your divorce lawyer for more information about interrogatories, requests for production of documents, or request for admissions if you feel your spouse is withholding important information.

If both parties are in agreement about the terms of the divorce, the actual Denver divorce process will run much more quickly.  In fact, in Denver, a couple may not even need to show up to court if they are already in agreement.  However, there are often various issues that must be resolved in court.  If this is the case, the couple will need to undergo some of or all of the following steps in the Denver divorce process.

1. Initial Status Conference

The Denver divorce court often conducts an initial status conference within forty days of the filing of the petition for divorce; although, many times this conference takes place later.  The conference is held in order to set the deadlines for disclosures, as well as set the appointment of experts and set a temporary orders hearing.  In general, these meetings often take no longer than 10 minutes and neither party is required to do much other than answer a few questions.

2. Temporary Orders Hearing

The Denver divorce process often takes a long time to complete.  In the meantime, it may be necessary to resolve certain pressing matters temporarily.  In these situations, a temporary orders hearing will be scheduled to work out a quick resolution to these issues before they are fully discussed and resolved in court.

3. Permanent Orders Hearing

The permanent orders hearing is the actual divorce case, where the parties will testify their cases and a decision will be reached about the allocation of assets, parenting responsibilities, and financial matters.  Afterwards, the marriage will be officially dissolved.

In an attempt to resolve cases more quickly, the court may require the parties undergo settlement meetings.  In these meetings, both parties will attempt to come to agreements outside of court.  If the couple can reach solutions that both parties agree on, it will cut down the time spent in court significantly.

Duties of a Denver Family Lawyer

A Denver family lawyer is an extremely valuable resource in all matters regarding marriage, childcare, and other family issues.  There are a number of services a Denver family lawyer can provide for you.  The following are 9 of the areas of law in which a Denver family lawyer would be your most valuable resource.

1. Familial Immigration

A Denver family lawyer can help you determine what the best ways are to assist foreign family members into the United States.  A Denver family lawyer can also give you advice and guidance based on Colorado and federal laws regarding immigration.  This includes sponsoring family members and applying for a green card.

2. Marriage

One of the most common reasons people seek a family lawyer is in regards to marriage and marriage laws.  A Denver family lawyer will be able to assist you in gaining the proper documentation and following the correct procedures toward getting your marriage recognized by the state.

3. Name Changes

A Denver family lawyer can also help you if you seek to change your name after marriage.  Similarly, a family lawyer can also help you change your name once again in the event that you and your spouse separate.

4. Domestic Violence and Abuse

If you or your child suffer abuse from your spouse, you can contact a Denver family lawyer to get help.  Family lawyers can help you gain financial compensation for the trauma you have suffered as well as refer you to a psychologist for counseling.  And though a family lawyer is a great resource, the first place one should turn in the face of domestic violence should always be the police.

5. Divorce, Legal Separation, Annulment

If for whatever reason you marriage becomes irreparably broken, and you decide to separate from your spouse, a family lawyer can help.  A Denver family lawyer can explain the difference between divorce, legal separation, and annulment and go over with you which makes the most sense given your situation.

6. Alimony

In the case of marital separation, a Denver family lawyer can help the lower income spouse receive alimony.  This spousal support can help to get a person back on their feet financially following a divorce.

7. Child Custody and Visitation

Another big area of family law is children and parenting.  After a divorce, a Denver family lawyer can facilitate discussions about childcare, which can later be brought to court. 

8. Child Support

A Denver family lawyer can also help a divorced family by helping to reach a decision about child support.  Though the amount of child support that must be paid will ultimately be decided by a judge, a lawyer can set both parties up so they are more likely to gain a favorable ruling in court.

9. Adoption

Additionally, family law handles adoption as well.  If you desire to adopt a child into your family, a good Denver family lawyer can give you the tools and information you need to do just that, while adhering to all of the necessary rules and codes.

Establishing Paternity with a Denver Paternity Lawyer

A Denver paternity lawyer can be an extremely valuable resource when it comes to family issues.  Paternity lawyers can serve a number of functions including assisting with adoptions, child custody, child abuse, and many other areas of law.  They are especially helpful when it comes to establishing paternity.

The establishment of paternity is vitally important when it comes to issues like insurance, child support, the claiming of assets, etc.  At any point, a child, mother, or father can ask for a determination about one of the child’s parents.  If so, then a lawsuit can be brought to court.  If so, a Denver paternity lawyer will be essential in hearing the case.  Very frequently it is the mother of a child who seeks to establish paternity of the father so that she can receive financial support; however, there are a number of reasons one might seek to establish paternity.

Assuming a mother seeks to claim a man as the father of her child, the man is called the putative father.  The putative father can either consent to being the child’s father and accept the responsibilities that come with it, or he can contest the claim.  If the putative father consents, this establishes paternity for the child forever.  In other words, even if it is later found that he is not the true father, he is still legally bound to the child.  If a putative father is not certain about his paternity to the child, he should consult a Denver paternity lawyer for guidance before deciding to consent.

If the putative father contests the claim of paternity, a DNA test is usually executed to determine the likelihood he is the father.  A DNA test cannot prove paternity, but the test is the most powerful estimate available and is usually within 95-99 percent accurate.  If the test shows that the putative father is likely to be the biological father, the burden is on the putative father to disprove the presumption, which is extremely difficult.  There is little even a Denver paternity lawyer can do against a positive DNA test.

Besides emotional and psychological reasons, there are other benefits to establishing paternity for a child.  First of all, the child is then able to qualify for inheritance, as well as social security benefits, and life and medical insurance.  Knowing who the child’s father is can also greatly benefit healthcare practitioners because family history can be so vital in determining one’s risk for serious illnesses.

It is also possible to establish paternity postmortem.  A DNA test can still be conducted on the putative father and matched against the mother and child.  If there is a match, the child can still qualify for inheritance and other benefits from the father.  A Denver paternity lawyer can also assist in inheritance and insurance matters.

There is such a thing called paternity fraud in which a mother attempts to coax a putative father into consenting to paternity without revealing that there are other putative fathers.  This is another reason why it important to hire an experienced Denver paternity lawyer.  A putative father must be served paternity papers before consenting to a DNA test.  This is another matter to bring up with a Denver paternity lawyer.