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Adoption is the legal process where birth parents’ rights are terminated and permanently awarded to adoptive parents. Once a child is adopted, the adoptive parents assume all rights and responsibilities for the child and a birth parent cannot reclaim parental rights. Any person over twenty-one (21) years of age can adopt a child in Colorado. A person under twenty-one (21) years of age may adopt with special permission from the court. Prospective parents can quickly become overwhelmed by the adoption process. Regardless of the type of adoption chosen, there are legal requirements, and Ms. Scurlock can advise you through the adoption process.
Maintenance is guided by Colorado statute, and is the financial support provided by one spouse to the other. Ms. Scurlock will advise you as to whether it applies in your situation.
Parties can either agree by a stipulated agreement, or the Court can Order that one parent has a certain number of days out of the year for parenting time, and the other parent has the remainder of the days. This time is routinely divided into a 5/2/2/5, 3/2/2/3, or a week on/ week off parenting time schedule for 50/50 parenting time between the parties. Holiday schedules are routinely incorporated into parenting plans. There are also schedules in which one parent has most of the parenting time. Some factors for consideration when determining parenting time are age(s) of the child(ren), proximity of the parent’s home to school, and work schedule flexibility. The goal in determination of parenting time is consistency for the child(ren). Ms. Scurlock can advise you regarding what schedule may fit your family and circumstances.
A parent has a legal obligation to pay child support on behalf of a minor child if certain criteria are met under a Colorado statute. Ms. Scurlock will help guide you as to which parent will be obligated to pay child support, and as to what amount.
Sole decision-making is where one parent has sole authority to make determinations regarding a child’s or children’s education, medical, dental, mental health, and all other major parenting decisions, irrespective of whether the other parent agrees. Joint decision-making is where both parents jointly decide on those same major parenting decisions together. Ms. Scurlock can advise you regarding which is best, considering the unique facts of your case.
The court or the parties will need to address the division of property, assets, and debt. Generally, property acquired by either spouse after the marriage, and prior to the entry of a decree of dissolution of marriage, is presumed marital property, irrespective of title to the property. Further, any increase in the value of separate property during the marriage is considered marital property. All marital property is subject to an equitable division between the parties. Ms. Scurlock will help guide you through an equitable division of property, assets, and debts using a marital balance spreadsheet.
If you have been the victim of physical or emotional abuse by the other party, you may seek a civil restraining order. Ms. Scurlock can represent you in seeking a temporary and permanent civil protective order.
There are specific statutory factors that guide on when circumstances are such that a parent is placing his or her minor child in imminent emotional and/or physical harm. Ms. Scurlock may advise you in obtaining a motion to restrict a parent from his or her parenting time with a minor child if certain criteria and circumstances are met.
If there are issues of emotional and/or physical domestic violence, please contact Ms. Scurlock to guide you through this, as it directly impacts your domestic relations case.
