Domestic Abuse-Violence Charges

In Colorado, there are certain types of crimes that could affect a child custody case. One of the most common is where there’s been a restraining order entered against the parent, or a parent has been charged with domestic abuse. Domestic abuse would include domestic violence. Another example would be where a parent has a drug problem or a drug addiction and the court has to intervene to make sure that the children are protected from a parent who has abused drugs, has abused alcohol, or any controlled substances.

In situations that I’ve had in the past, where parents have had an alcohol problem, and that parent may have been involved in a DUI or a DWAI, the court has to take into consideration not only the alcohol abuse by that parent, but whether or not the parent who has had a history of alcoholism can safely parent children. Can they drive the children to school? Can they pick the children up from the other parent? If there’s a medical emergency, will that parent be able to get in the car and take the children to the hospital if needed? When these situations occur, you can expect that the court is going to want to know that both parents are fit and capable of providing the children with a safe, loving, nurturing environment.

Contact Shayne Law if you have any questions.

What is Evidence

In all family law cases, one of the most important jobs that a lawyer does with a client is make an assessment of the evidence. The stronger the evidence in one party’s favor, the more likely that the outcome is going to go the way that the client wants. Evidence can be in different forms. Evidence can be through testimony of witnesses, like the parties who come to court and present their version of the facts. Or it can come in the form of documentation. Those are records. Those are reports.

It’s important to understand that it is not the volume of evidence. It’s the quality of the evidence that the law will take into consideration in making rulings in the family court. Let met give you a couple of examples. If there are a lot of police reports in a case … Let’s say that there’s children and that there’s a history of domestic violence or domestic abuse. It’s important for the lawyer to have a really good understanding of what has gone on in the past with domestic abuse and to acquire those police reports so that the client and the lawyer can determine what witnesses need to be called, are there any photographs, are there any other witnesses to the domestic abuse?

That same principle would hold true where a parent has a history of alcoholism and the parent may have gone to rehab a couple of times and may have gone to the criminal court for DUIs. All those kinds of events by a parent would affect … prior activities by that parent, misconduct by the parent, and the stronger the evidence in presenting your case, the greater likelihood that there can be success later on.

Assessing the evidence is a very important role for an attorney and a client. If someone doesn’t have an attorney, either party, but particularly where one party doesn’t have a lawyer and doesn’t know what the role is of the rules of evidence, how to admit records into evidence, what is going to be acceptable evidence, such as what is hearsay and what isn’t hearsay, obviously the person that doesn’t have a lawyer is going to be at a disadvantage. Having a very good background in knowing what evidence gets admitted and how it gets admitted and what are the foundations that need to be laid in order to get evidence before a court is critical to you in your ability to present a favorable case.

Contact Shayne Law if you have any questions.

Modifying Parenting Time

I want to discuss with you motions to modify parenting time. One of the biggest issues in motions to modify parenting time occur when a parent, who is the primary parent, wishes to relocate with the children to another state. In the law, that kind of relocation is called removal and it takes the permission of a judge or the other parent in writing and a court order in order for relocation to occur. Now, in those situations what is required is that the parent who wishes to move away with the children has to file a motion with the court making the request for relocation and stating the reasonable grounds for the relocation.

In Colorado, the court cannot require a parent to live in Colorado or anywhere. It is the children that are under the control and jurisdiction, what they call continuing jurisdiction of the court. If a parent wishes to relocate because that parent got a great job in Chicago and wants to move out of Colorado with the children, that parent is going to need to establish what is the criteria for that relocation that would serve the best interest of the children. Things like family members being in Chicago, increased financial access, schools, education, health care, all those kinds of things are a factor. Of course, the other parent can make an argument that the relocation is not in the best interest of a child.

Should I Hire an Attorney When In The Middle Of The Legal Process?

If you are considering the issue of should I hire an attorney or not hire an attorney and what kind of an attorney should I hire, I think you, as a client, should have a very good feeling about the lawyer and the lawyer’s law. Shanye Law can help you at any stage of the legal process. We’re here to help you, contact us today.

Contact Shayne Law if you have any questions.