When courts are deciding on child custody cases, particularly regarding parenting time and responsibilities, they consider whether the parents or one of the parents has committed any form of domestic abuse against the children and/or the other parent.
Domestic Violence and Child Custody
The Colorado Revised Statutes define domestic violence or abuse as a pattern or act of violent behavior in intimate relationships, including household or family relationships, that one of the parties utilize to get power or control over the other party or their children. Domestic violence behaviors typically include:
Verbal abuse like name calling, shouting, or yelling
Physical violence like choking, hitting, or slapping
Psychological abuse like intimidation or threats
Emotional abuse like threatening another spouse or making her or him unimportant
Financial abuse like controlling the household finances or stealing
However, although domestic violence is a huge factor in determining child custody issues, the court could still grant an abusive parent parenting responsibilities and time. This is mainly due to the fact that domestic violence is not the sole factor when the court looks at the best interests of the child, and it’s possible that the other determining factors could negate the abusive parent’s domestic violence incidents.
What Does this All Mean?
When deciding on difficult issues such as these, courts will check into the abusive parent’s past or current domestic violence acts, whether he or she received therapy or counseling, the impact on the child or children, the abusive parent’s capacity to tend to the needs of the child, and the health of the bond between the child and the abusive parent. However, in the event that the abused parent objects, the court won’t order the parents to share the responsibilities. In case giving the abusive parent parenting time presents critical concerns regarding the child’s physical or emotional health, the court could likewise order special conditions or arrangements, including restricting contact between spouses at child exchanges, prohibiting alcohol or drug use, or making certain that a third party always supervises parenting time, says an experienced family lawyer in Colorado Springs. The court might likewise order the abusive party to undergo an evaluation. In general, the courts in Colorado believe that it’s in the best interests of the child to experience parenting time with both parents. Essentially, this means that the court considers granting limited parenting time to an abusive parent unless there’s exceptionally unusual or severe incidents of violence.
Love typically starts with a blush, slowly developing into a burning fire. Like fire, however, it can consume itself and slowly start to die. When that happens, one of the options that you have is to get a divorce. Before you go for this decision, however, you need to consider a few things:
The “No-Fault” Principle
Like in the state of California, Colorado also follows the “no-fault” principle when it comes to divorce. This means that either party doesn't have to prove misconduct of the other party for the divorce to proceed. The same principle is also for determining the amount of alimony. In fact, for a divorce lawyer in Denver, CO to win a case, they would have to show that there is an irretrievable breakdown of the marriage.
Anyone can get the help of a divorce lawyer, but to make the case undergo trial, either one of the spouses should have been a resident of Colorado for more than 90 days. If you're sure on filing for a divorce, you first need to complete some paperwork. These forms differ depending on whether you have children or not.
Division of Property
The division of property in Colorado initially involves both parties making an agreement. If they are unable to make a compromise, that is the time that the court would come in and settle the matter on their behalf. As in most cases, the division of property does not include those that have been acquired prior to marriage, including those that have been acquired by either party by virtue of inheritance or was given as a gift.
When filing for divorce, it's a good idea to know what you will face. This is to avoid surprises that may cause you to panic and eventually lose the battle.
Apart from the emotional turmoil that comes with a divorce, you also need to face the many expenses that come with it. You will take a big financial hit with a divorce, especially if your situation is rather complicated. The national average for the entire divorce process is a whopping $15,000 to $20,000. That’s why you should be completely prepared to avoid going in debt because of it. Here are some tips to help you handle the financial side of a divorce.
Don’t Waste Consultation Time
Mediators and divorce lawyers alike have hourly charges between $150 and $400. This goes even higher if your chosen lawyer is more popular and applauded. That’s why when you consult with your trusted divorce attorney in Denver, CO, you should focus on coming up with the right arguments to present in court that will help your case. Leave your emotional outbursts out the door because that is wasted time and money, says a lawyer from Matthewsfamilylawyers.com.
Don’t Settle for a Bad Lawyer
Some people tend to choose the lawyer with the cheapest rate and end up dissatisfied. Moreover, some people make the terrible mistake of representing themselves in court to avoid lawyer consultation fees. Both of these are mistakes that may cost you even more. Consulting a lawyer is an investment, so be sure about who you’re hiring. Instead of avoiding good lawyers because of their high rates, just learn how to manage and minimize their billable hours.
Think About Other Costs
Apart from hiring a lawyer, a divorce comes with plenty of costs that are not obvious. You might also need to hire an accountant to look over your finances and a private investigator to help you find evidence. There are also fees when serving subpoenas, filing documents, and scheduling court battles. Take note of these when trying to assess your current financial situation.
These are just some of the things you can do to be wiser about your income when going through a divorce. No matter how low you’re feeling, don’t just neglect your financial situation because you may suffer for it in the long run.
Child custody is one of the issues you need to settle during divorce. When both parents seem to be fit (or not), it becomes more complicated. In the end, it is the child’s best interest that would prevail. Before the court decides who gets the custody, it is important to have a clear understanding of its different types.
Types of Child Custody
Physical Custody – A court-ordered decision gives a parent the right to live with their child under one roof. This does not necessarily mean, though, that that the same parent should be the primary decision-maker when it comes to the child’s welfare. In a sole physical custody, the non-custodial parent only has enough visitation rights as ordered by the court.
Legal Custody – The parent who gets legal custody will be the primary decision-maker when it comes to the child’s education, healthcare, and upbringing. Under a sole legal custody, the parent has the right to make a decision without having to consult or inform the other spouse. In some cases, a joint legal custody is ordered by the court. However, child custody lawyers in Albuquerque advise that a parent should inform the court when the other spouse violates the joint custody arrangement.
Joint Custody – This is possible if the court sees the circumstances fit. For example, if the distance between the houses of the parents is relatively near and both spouses are not involved in issues relating to drugs, abuse, or violence.
Sole Custody vs. Joint Custody
In some cases, when the court sees both parents fit, it orders a joint legal and physical custody. This gives both parents equal rights on physical contact and decision-making. This means that both parents should agree before the court makes a decision. On the other hand, the court gives the sole legal and physical custody to only one parent whom the court sees fit. The custodial parent lives with the child and is the primary decision-maker. Then again, the non-custodial parent will have enough visitation rights. Knowing the different types of custody should make it easier for parents to know what their rights are relating to the child’s welfare. As the law on child custody is intricate and sensitive, you should always seek help from a child custody lawyer in your state.
Aggravated battery is classified as a more severe type of battery according to the Illinois Complied Statutes, and is considered a felony. The statutes considers a crime to be aggravated battery if the following factors and scenarios are true:
The alleged offender’s actions caused great bodily injuries or permanent disfigurement or disability.
The alleged offender strangles or blocks the breathing pathways of the victim.
The crime was committed against a specific type of individual such as government or state officials, specific public employees, school employees, medical or healthcare professionals, seniors aged 60 and up or pregnant women among others.
The victim was performing his or her job or was pinpointed by the alleged suspect to prevent the victim from doing his or her job or to retaliate.
The victim was a minor below 13 years old or a mentally retarded individual who suffered severe bodily injuries.
The crime took place in a public location such as a school, highway, road, amusement park or sports stadium.
The alleged offender donned a robe, hood or mask for concealing his or her identity.
The crime involved the use of a firearm or a firearm with an attached laser device, with the laser beam “touching” the victim.
The crime was committed using a lethal weapon.
The defendant discharged a weapon, causing injuries to another individual.
The victim consumed an intoxicating or harmful controlled substance such as a poison or narcotic given by the defendant, which resulted in great bodily harm or not.
The alleged offender is an inmate locked up in a custodial or correctional facility and committed the criminal offense against an employee in the facility using blood, urine, fecal matter or other bodily substances or fluids.
The defendant intentionally recorded an audio or video of the victim, intending to distribute the audio or video recording.
It’s crucial to note that the criminal offense of aggravated battery is considered a Class 3 Felony, as opposed to a Class A Misdemeanor of a simple battery. Additionally, it could be a Class X Felony, based on the particular circumstances surrounding the case. Due to the severe punishments, an alleged offender could get convicted for aggravated battery. Criminal defense attorneys in Jacksonville, IL recommend getting legal representation.