Colorado Paternity - Colorado Springs - Legal Parentage - HLA & DNA genetic testing, blood tests, buccal swab, genetic testing laboratories, custody, allocation of parental responsibilities, parental responsibility, parenting time, visitation, child support orders, current child support, back support, relation back, arrears, arrearages, birth parent, birth father, putative father, alleged father, birth expenses, pre-natal expenses, birth certificate, child surname issues, name change, domestic abuse, criminal domestic violence charges, restraining order, parent locator tracing - skip tracing.

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        Putative father means alleged father.  Custody is now allocation of parental responsibility. Visitation has been incorporated into the concept of parenting time.  Expenses of confinement include pre-natal care, delivery & birth, post natal care and medications or other related expense.  These are merely labels - don't let labels confuse or scare you.

        The definition of paternity is fatherhood.  A paternity lawsuit is brought to establish the legal parent-child relation between a man and a child, or to establish the non-existence of the legal relationship.  A paternity lawsuit may be brought be either the mother or the alleged father.  A lawsuit for declaration of non-paternity may also be brought by a birth mother, an alleged father, or by the presumptive father - the birth mother's current or former husband.

        Parent and child relationship defined.  As used in this article, "parent and child relationship" means the legal relationship existing between a child and his natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations.  "Parent and child relationship" includes the mother and child relationship and the father and child relationship.  CRS 19-4-102

        Relationship not dependent on marriage.  The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.  CRS 19-4-103 

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	INFIDELITY BY HUSBAND
If during the marriage husband fathered a child by a woman not his wife, the birth mother may bring a paternity action against him.  Marriage does not create immunity from parental responsibility for children conceived outside the marriage, nor does it protect a man from entry and enforcement of a child support order.  Financial responsibility exists.
	In such circumstance, publishing attorney has been contacted by multiple married women indicating their family was barely making ends meet as is and the family wouldn't be able to pay the bills when a support order entered against her husband.  Although not what a woman wishes to hear, the wife has the alternative of making financial adjustments or filing for divorce and seeking her own order for child support or alimony.
	INFIDELITY BY WIFE
Husband is the presumptive father of a child born during the marriage or born within within 300 days after termination of the marriage. CRS 19-4-105(1)  Other statutory criteria can place husband in the position of presumptive father - refer to the cited statute.
	If husband is not the birth father of a child conceived by wife during the marriage, he may choose to remain married, yet bring a lawsuit for in juvenile court case for declaration of non-paternity.
	If husband is not the birth father of a child conceived by wife during the marriage or if husband is otherwise the presumptive but not birth father of a child and either party files for divorce, husband may seek a declaration of non-paternity within the divorce court case.
	A statute of limitations exists.  CRS 19-4-107(1)(b)   Lawsuit for declaration of non-paternity must be brought by a presumptive father within a reasonable time after obtaining knowledge of relevant facts but in no event later than five (5) years after the child's birth.
	Presumption of lawful parentage and statute of limitations favor legitimizing children, however the presumption is rebuttable with competent, clear and convincing evidence.
If this is applicable to your family, consult legal counsel.  Your attorney will address the legal issues without moral judgment.

        You need not and will not be allowed to tell the court the "bad things" the other party has done, such as the father's insensitive lack of appearance at the hospital when the child was born.  Under Colorado law, fault is not admissible except in limited circumstances where conduct is relevant to well-being of a child or regarding domestic abuse restraining order matters.

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FILING THE LAWSUIT         The birth mother, the putative father, or the State of Colorado may commence either a paternity lawsuit to establish the legal relation between father and child, or may commence a lawsuit for a Declaration of Non-Paternity - a court order establishing that no legal parent-child relationship exists.  If the legal relation is found and ordered, the court will then address the issues of allocation of parental responsibilities, parenting time and child support.         The person who files the lawsuit is called the Petitioner.  The petition and a summons will be served upon the person who is being sued - he or she is called the Respondent.  The summons merely tells the Respondent he or she is being sued to determine parentage, and if established, orders will enter regarding allocation of parental responsibilities, parenting time and child support.  Paternity cases are filed in juvenile court; e-Filing is not available.         Once a response has been filed, the case may not be dismissed (thrown out) unless both agree. If both agree, the case may be dismissed at any time until the final orders have been entered.  If one party wants an order regarding parentage, the other can not stop it.         I have provided representation in cases where a birth mother files a paternity case against a putative father because she seeks child support, however the father has admitted paternity and requested that he be primarily responsible for decision making and be the primary caretaking parent.  See allocation of parental responsibility and parenting time below.  In such a circumstance, the birth mother can not unilaterally change her mind, say the money is not that important and dismiss the case.          Similarly, I have provided representation in cases where a putative father files a paternity case for declaration of paternity against a birth mother as next friend and mother of a child because he wishes to be involved in the child's life and is tired of the visitation denial, hassles or limitations imposed by the mother.  However, when the financial realities of confinement expenses, past and current child support, health insurance and income assignment come to bear, the putative father can not unilaterally change his mind, say visitation schedule is ok, let's maintain the status quo and dismiss the case.         Prior to commencing the lawsuit, a litigant should be certain he / she actually desires final orders pertaining to all issues.  As the old saying goes, be careful what you ask for - you may get it. PROCESS SERVICE         The petition and a summons will be served upon the other parent.  The summons merely tells the other parent he or she is being sued regarding paternity.  Service of process means that the papers will be handed to the Respondent, or perhaps published in the newspaper under limited circumstances.  Due process (fairness) requires you to inform the other parent that you are requesting an order regarding paternity, and the issues of parental responsibilities allocation, parenting time and child support.  On an average, service of process costs between $35 and $50, but can vary, especially if the Respondent is out of state.  If the Respondent is willing to sign a paper saying he or she received the legal documents, you can use the mail and there is no charge for service of process. That is called waiver and acceptance of service of process.  Persons being sued usually don't sign; I don’t recommend attempting waiver of service.  For information regarding process servers, refer to process service. WHEN TO FILE THE LAWSUIT         Lawsuit to establish paternity may be brought at any time until the child attains majority (18th birthday). CRS 19-4-107(1)(a).  CRS 19-4-108         A paternity lawsuit may be brought during pregnancy, People in Interest of Unborn Child v. Estergard, 169 Colo. 445, 457 P.2d 698 (1969).  If the putative father disputes paternity, orders can not be entered until live birth.  The following reasons come to mind to file before birth:                 Ease of service of process - the putative father is local and may subsequently move out of state or be difficult to locate.                 If parentage genetic testing has been ordered, the baby's blood may be drawn at birth from the umbilical cord.  This is less intrusive to the child. Also, 5 cc of blood is required for testing - this may delay the lawsuit until the child is 6+ months of age.  I'll not forget the wrath of screaming baby's mother in 1981 where multiple attempts to draw blood from veins in both arms were unsuccessful and femoral draw was necessary.  Now, a DNA specimen can be obtained by buccal swab - essentially knocking a few cells from the inside of the cheek by q-tip swab. STATUTE OF LIMITATIONS BAR TO DEFENSE OF NON-PATERNITY         If the presumptive father fails to bring an action to declare the non-existence of the parent-child relation within 5 years from the date of the child's birth, he is thereafter barred from the defense of non-parentage.  This is a 5 year statute of limitations.  CRS 19-4-107(1)(b). PARTIES TO THE LAWSUIT         The birth mother and putative father are indispensable parties.  If the birth mother was married at the time of conception, as the presumptive father, he must also be joined as a party.  Tell your attorney if either alleges a different man is the birth father of a child.  Any man with whom the birth mother had sexual intercourse during the period relevant to conception should be joined as a party to the action and may be required to submit to genetic testing.  Tell your attorney if welfare has been received at any time since birth of the child.  Failure to provide notice to the local governmental Child Support Enforcement Unit (CSE) could later result in welfare fraud criminal charges if the State is not made a party or given lawful notice of the paternity suit. JURISDICTION AND VENUE         Jurisdiction means the power of the Colorado Juvenile Courts to hear and decide the case.  Venue is the location (county) in which the lawsuit will be heard.         Residency                  One parent must physically reside in Colorado. No domicile requirement is contained in the parentage statutes.  Domicile is not the same as simply living here; a person acquires legal residency by having significant contacts with the state.  You must intend to permanently reside here, or return here after your travels are done.  Some of the domiciliary indicators are: Colorado driver's license, Colorado automobile registration, paying Colorado state income taxes, registration to vote in Colorado, banking in Colorado, and home ownership or having executed a lease.  For domicile, military personnel must claim Colorado as their home of record; an affidavit of residency is available at any military finance office, Form DD-2058.                 Since only physical residence is required, not domicile, a paternity lawsuit can be initiated on behalf of a person physically residing in Colorado, but claiming another state as legal residence.  That most common circumstance would be military families.  Local courts have entered final decrees of paternity or declarations of non-paternity for my clients in the military claiming another state as their legal residence.         Jurisdiction may be acquired over any Respondent who is resident of or personally served in Colorado.         Venue is in the county in which the child or Respondent resides or in which Respondent receives personal service. CRS 19-4-109         If Respondent is physically present in Colorado, a paternity order (foreign decree) from another state can be registered in Colorado.  It will then be given full force and effect. and treated as a court order of this state. CRS 19-4-109(1.5)         If the Respondent is a resident of another state and can not be personally served in Colorado, and if the sexual intercourse occurred in Colorado which resulted in conception of the child, Colorado courts have personal jurisdiction under the "long arm statute." CRS 19-4-109(2).  In this event, since Respondent is neither a Colorado resident nor physically present for process service, venue would lie in the child's county of residence (usually living with Petitioner).

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A paternity case is tried to the court; there is no right to trial by jury for this type of case in Colorado.  CRS 19-4-128         Before the court may address the issues parental responsibilities allocation, parenting time and child support, legal parentage must be established.  This may be accomplished by admission of paternity by the putative father, or by genetic testing and other independent testimony or evidence.  CRS 19-4-113         The burden of proof to establish paternity is by a preponderance of proof required, not by clear and convincing evidence.  McCoy v. People in Interest of Minor Child, 165 Colo. 407, 439 P.2d 347 (1968).  A prima facie case is established for paternity by petitioner's testimony of acts of intercourse with respondent and her pregnancy following and birth of the child within the permissible period - this evidence is sufficient to require submission of the issues to a jury. Medina v. Gonzales, 141 Colo. 118, 347 P.2d 138 (1959). PRESUMPTION OF PATERNITY         A rebuttable presumption is created under certain factual circumstances, such as birth during or within 300 days of marriage termination, written acknowledgment of paternity filed with the court, consensual placement on the birth certificate, written voluntary promise to pay child support, genetic testing with 97% or higher probability of parentage. CRS 19-4-105         The presumption may be rebutted in a paternity lawsuit by clear and convincing evidence.  CRS 19-4-105 GENETIC TESTING         Until HLA procedures developed at the War Memorial Blood Bank in Minneapolis, MN under Herbert Poleski in the late 1970's, science had not progressed to the point where blood testing could establish parentage. Previously blood types were used to exclude the possibility of parentage, but not to establish.         Each party has the right to genetic testing - HLA and / or DNA.  CRS 19-4-112, CRS 13-25-126 and C.R.Civ.P. 35(a).  A hearing is held on the issue, however courts are inclined to order genetic tests because the scientific evidence is highly relevant.  If either party refuses to submit to genetic testing, the court will likely enter a final ruling on the issue of paternity adverse to the refusing party.  This makes it simple.                 If mom refuses genetic testing - he's not the dad.                 If putative dad refuses genetic testing - he is the legal dad.         In years gone by only blood could be tested.  Today testing is done on blood or a buccal swab which is essentially a q-tip run across the inside of the mouth cheek. This knocks off cells which are subsequently tested for genetics.         Human leukocyte antigen (HLA) test is admissible on issue of paternity because it is capable of establishing either that an individual could not be the father of a certain child or that the probability that he is the father exceeds ninety percent. E.M.F. v. N.N., 717 P.2d 961 (Colo. App. 1985).   A husband, who is the presumed father, may be ordered to submit to blood tests. People in Interest of M.P.R., 723 P.2d 743 (Colo. App. 1986).         If genetic testing returns 97% or higher probability of parentage, a presumption of paternity is established. That presumption may be rebutted in a paternity lawsuit by clear and convincing evidence.  CRS 19-4-105.  An example of such evidence would be a vasectomy or other medical evidence of sterilization.  For information regarding DNA Laboratories which conduct paternity testing, refer to DNA laboratories - paternity testing. PATERNITY DECREE         When genetic test results are received, usually paternity is admitted if test results show the putative father is the birth father.  If not, trial is held at which time the genetic test results are admitted into evidence along with other facts such as intercourse between the parties, mother's intercourse with other men, population statistics, prior oral admissions of either party, physical appearance of the child, cards-gifts-letters, prior support payments, etc.  If the genetic test results reflect that the putative father is not the birth father, decree of non-paternity enters.  Attorney's fees and costs may be awarded at final orders hearing.         Child's Surname.  Issue periodically arises regarding the child's lawful surname - the mother may desire the child to have her last name and the father requests the child's last name be changed to his.  That can be a dispute.  Cases in various states are split on the issue.  Colorado has ruled in multiple cases; one is cited below. S.F.E., In Interest of T.I.E., 981 P.2d 642 (Colo. App. 1998)         CRS 19-4-116(3) has been interpreted as a grant of broad authority that includes ordering a name change if it is in the child's best interests. D.K.W. v. J.L.B., 807 P.2d 1222 (Colo. App. 1990).         In considering a request for a name change, the court should consider the length of time the child has used the surname, the potential impact of the requested name change on the child's relationship with each parent, the child's preference, and any misconduct by a parent which would justify a name change. D.K.W. v. J.L.B., supra (following Hamman v. County Court, 753 P.2d 743 (Colo. 1988) and In re Marriage of Nguyen, 684 P.2d 258 (Colo. App. 1983), cert. denied, 469 U.S. 1108, 105 S.Ct. 785, 83 L.Ed.2d 779 (1985), both of which were decided under other statutory provisions and common law).         In addition, the court in a paternity action must also consider the motivation of the parties, the identification of the child as part of a family unit, the embarrassment, discomfort, or inconvenience that may result if the child's surname differs from that of the custodial parent, and the possibility that a different name may cause insecurity or lack of identity. Whether a requested name change is in the best interests of a minor child is a factual determination for the trial court. D.K.W. v. J.L.B., supra.         Once paternity has been established by decree and order has entered regarding the child's name:                 a.  Counsel will then forward a report of paternity and a certified copy of the paternity decree to the Department of Health - Vital Records in the state of the child's birth.  The original birth certificate is sealed, and a new birth certificate is prepared reflecting the birth parents as the lawful parents and only parents identified thereon.                 b.  The court then addresses the issues of parental responsibilities allocation, parenting time and child support.                 c.  Birth certificate cost

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        Either party may request a temporary orders hearing, at which time the judge will allocate parental responsibility and enter orders regarding parenting time and child support.  That hearing may be held about 2-4 weeks after filing (before paternity determination), but usually is held shortly after paternity decree enters.  Thereafter, if the parties are unable to reach settlement agreement, frequently called a paternity agreement, the case is set for contested final orders hearing.

        The attorney will try to settle your case. If agreements can be reached with the other parent, the attorney will prepare a detailed written agreement. That agreement can generally be completed rapidly and will become part of the final decree (order).  Paternity has no waiting period as is required in divorce cases. If the parties are unable to agree, finalizing the case may take as long as 1 - 2 years.

        If the parents can not agree, the parties may undergo evaluations regarding allocation of parental responsibilities and parenting time, psychological evaluations and mediation.  Each may be required to produce copies of billings, canceled checks, bank statements, pension or other financial documents pertaining to expenses of confinement and evidence of income and expenditures as relevant to child support.  Each must file a detailed financial affidavit and a disclosure certificate must be filed with the court reflecting that he / she has provided numerous financial documents to the opposing party.  It is possible that depositions will be taken.  That means questioning under oath in front of a court reporter who records all statements.  Interrogatories may also be propounded.  Interrogatories are written questions which must be answered in writing under oath.  In the discovery phase of the case, each party has the opportunity to learn almost anything you want to know to prepare his / her case.  If paternity has not yet been ordered, inquiry may be made into sexual history relevant to conception.  The days of Perry Mason and surprises in court are gone.  Discovery can be quite expensive - cost can be reduced if each parent is open and voluntarily exchanges financial documents.

        If the parties can't settle and must set court hearings, mediation may be required before setting a contested final hearing.  Refer to the link for more information.  Before temporary or final orders hearings, most judges require a pre-trial statement; a written statement which tells the court of agreements, contested matters, facts and law, parenting plan and other disposition requested by each party.  Your attorney may attend a pre-trial or status conference with the judge at which time each attorney advises the judge what is agreed, what issues are in dispute, and what the court fight will be about.  Some judges / magistrates do not allow the litigants in their office during a pre-trial conference, others require the parties to be present.

        After final hearing, if a party does not like the judge's decision the party must request review by the District Court or appeal to the Court of Appeals.  Under some circumstances, a party may file a motion for recusal of the Court or for a new trial, but generally a party can not state you do not like the ruling and ask for a new judge or ruling.  

PATERNITY - LEGAL PARENTAGE   GENERAL INFORMATION STATE COURTS Juvenile Court * El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes   Mediation and Arbitration Mediation Arbitration primary website page - refer to links for information   Synopsis How Do We Accomplish a Paternity Case? Realistic Time Frames "I want what I want, I want it all and I want it now" or "On-Demand"           The legal system hasn't achieved the fast food market level of efficiency and probably never will.  Probably never should.  Prospective clients want to know how long will it take to commence a paternity case and how long the process will take.         There are three primary focal points in paternity cases:         1.  Is the putative (alleged) father the birth father.  This is determined primarily through laboratory testing if the parties dispute the fact.         2.  Finances.  The two most important documentary aspects of paternity action financial computations are current child support and arrearages.  Each parent must arrive at settlement or litigation theory (pre-trial statement & brief) or the separation agreement (terms to be incorporated into the final decree if court fight can be avoided).  Comprehensible and concise computations are required to understand family finances and to draft a realistic settlement or litigation proposal.         3.  What to do with respect to the children.           A lawyer can not offer advice regarding support or allocation of parental responsibilities and parenting time until he or she has an understanding of the family's finances, and family dynamics.  That's common sense.  Financial disclosure rules require an in-depth look at the family's financial circumstances at the time of filing.  A parenting plan must also be submitted.  Put another way, at the time of filing you must inform the court of the family circumstances and your proposal for relief - at least on an interim basis between establishing legal parentage and until final orders hearing.         I have a fact sheet located within my primary website to aid in understanding of family finances and dynamics and case preparation.  I ask the client to provide realistic valuation numbers regarding income and expenses, assets and liabilities and to be thorough in describing family circumstances.  I ask that the client invest time locating, organizing, copying and providing relevant documents at the time I am retained.  Income is determined from paystubs, LES or projected income capability.  Income and expense numbers will be obtained - mutual disclosure is easier on the pocket book than discovery fights and obtaining income verification via subpoena.           I use professional software to prepare child support guideline computations and child support arrearage computations.  I have drafted an interactive electronic spreadsheet to compute income and expenses for each party as well as a brief look at property and debt.           The spreadsheet provides a detailed look at each party's income and projected expenses, impact of child support and debtservice.  Budgeted discretionary income (positive cash flow) or budgeted deficit spending (negative cash flow) will be identified for each party.  Proposal revisions can be made to achieve a projected budget which is workable for both parties; budget and projections are credible in court argument if settlement isn't possible.           In my practice, the professional child support guideline computation software, arrearage software and electronic spreadsheet will be utilized to ascertain family finances and settlement or trial posture regarding current and relation back or arrearage child support.  To facilitate planning & conference during initial case preparation, support guideline and arrearage computations as well as spreadsheet computation draft .pdf file is emailed to the client.  Given the financial scrutiny, initial settlement proposal or pre-trial statement should be well within the ballpark of reason regarding current, relation back or arrearage child support.           Seemingly complicated issues can be reduced to math, however human interpretation and perhaps oral argument in court remain.  The professional child support software and electronic spreadsheet computations are understandable and brutally frank.  I find that when finances and support obligations are clear to all parties, possibility of reasonable settlement is enhanced.  Using a rational mind, provisions which are acceptable to both parties can usually be drafted regarding the children.            You feel the need for speed - how fast?  From the time attorney receives completed intake sheets and financial documentation, the paternity case can usually be prepared within 1 - 2 weeks.  If legal parentage does not appear to be contested, I prefer to submit a paternity agreement (settlement proposal) to the opposing party at or near the time of filing the petition or response if possible.  Settlement proposal is seldom accepted as first drafted, but changes shouldn't be significant if client has been realistic and has communicated with the other parent  or is aware of the opposing parent's goals.  Being aware of the other parent's position doesn't mean you agree; compromise or litigation will likely be required.  Initial financial scrutiny & settlement proposal method creates additional work for counsel and parties on the front end, but in this fashion we quickly determine whether settlement is a viable option or trial will be required.  If legal parentage laboratory testing is not needed and if you and the other parent can be objective, figure about 3 - 4 weeks of hard work to achieve a final resolution, then setting for an uncontested final hearing.  More fees are incurred at the outset than if the case were commenced with a simple summons and petition, but if the case can settle it will ultimately reduce attorney's fees and costs in the final analysis.  It also reduces headaches, heartaches, anxiety and stress if the case drags out.  If settled, paternity decree can usually be taken in less than 4 months from the time of filing and service of process.         That's not "on-demand" or fast food mentality, but not a significant period if you and the other parent can be objective, realistic and reasonable.  If it's a court fight, plan to become quite patient.           Remember - the court's polestars will be the best interests of the children and fundamental fairness with respect to support.  If you enter into court fights, final outcome will likely be somewhere in the same ballpark of reason we are seeking in the initial analysis.  Use good judgment when contemplating your initial "wish list" or revisions thereto.   Courtesy           1.   Do not fight with the opposing parent, physically or orally.  You will gain nothing, except to make your paternity case much more difficult or incur criminal charges.         2.  You must disconnect the buttons which have caused you emotional distress in the past.  No one knows better how to press your buttons than a former intimate partner.  You have commenced or are contemplating a paternity lawsuit - expect the opposing parent to play your buttons with more fervor than the "Phantom of the Opera."  Recognize your former partner is jabbing your all too familiar emotional sore spots due to his or her own negative emotions.  Do not give feedback; the jabs can be temporary if you don't feed the fight.  And... don't you become a concert pianist on the buttons.         3.  You make the best decisions when you are rational and logical; no one can exercise clear judgment when we are over-emotional.  Decisions you will face in your paternity action and in normal communications with the opposing parent are some of the most important you may ever encounter with long term consequences.  Resolve your emotions in another forum; not in your litigation or dealings with the other parent.         4.  You have business to conduct with ex-partner; treat the paternity as such.  Establish your new relationship starting now.  Give him or her the courtesy, dignity and respect you would give a stranger on the street.  Require the same be given you in return.   Children and Manipulation           1.  Do not let children hear any derogatory or bad statements about their other parent, whether from you, family or friends.  Vent your emotions outside the presence of your children.  Your paternity action will create a degree of trauma for them; do not increase that trauma or cause emotional distress to your children needlessly.  This office will not represent you if you manipulate or unfairly make the children pawns.         2.  The below listed complaints are frequently heard by attorneys. In El Paso County, an order to parents was likely entered when you filed your case.  If the opposing parent is engaging in any of the following behaviors, refer to that Order.  You will likely be able to stop this manipulation by contempt of court (jail) proceedings. a.  Children must choose between the two of you. b.  Attempting to turn the children against you by discussing your shortcomings, i.e.: denigrating, demeaning or making derogatory statements about you or permitting family or friends to do so in the presence of the children. c.  Failure to continue with scheduled activities or school work during parenting time - time being used as a vacation from responsibilities for the children. d.  Children being involved in setting, negotiating or mediating parenting time. e.  Children being questioned regarding your activities, new assets, expenditures or romances. f.  Other parent or his / her significant other using illicit drugs during child care times. g.  Children being forced to refer to step-parent or girlfriend / boyfriend as "mom" or "dad." h.  Children being taken to a counselor or therapist without first obtaining the agreement of the residential parent. i.  Other parent secreting or not informing you of his / her current address and phone. j.  Discussion of the paternity case or issues of the case with your children, whether parental responsibility, parenting time, child support or other financial issues. k.  Children being shown documents related to the case. l.  Children being brought to court. m.  "No show" or "late show" at agreed times for parenting time exchange. n.  Spouse arguing with you at exchange for parenting time. o.  Step-parent or boyfriend / girlfriend being part of the transportation or child-care process during parenting time... significant other sticking nose into your business p.  Lack of adequate clothing for parenting time or being returned in poor condition. q.  Driving with the children under the influence of alcohol, drugs or medication. r.  Failure to use legally mandated child restraints in motor vehicles.         3.   Children, even very young, may likely attempt to manipulate the parents.  Separation or litigation is a particularly fruitful time given the guilt most parents are experiencing... a child's radar senses this.  Agree with the other parent that if either hears a disturbing report, you will call to the other to inquire.  Agree neither will fly off the handle due to such an inquiry - a degree of unity remains necessary. Keep rules & discipline consistent. Understand children may attempt to manipulate, distort or extort. No-way... not my children... right.  Children need boundaries.   Children - Attorney Appointments           I ask that children not be brought to the office unless requested by the attorney.  Family law matters are sensitive and not appropriate for children; they may understand more than we expect.  Also, many children have short attention spans.  Matters to be discussed will be of importance to you; the distraction of caring for a child will likely decrease the productivity of our time together.  Please make arrangements for daycare. If care is not possible, I work from my home and toys are available.  It's simply not a plan to include children in paternity legal matters.   Cohabitation with Opposing Parent           Legally, you may cohabitate (live with) the opposing parent at all during the paternity action, including through the date final orders are entered. In practicality, it does not work.          1.  Living together will increase the emotional tension between you and the other parent.                  2.  Domestic violence criminal charges may be brought on allegation alone with no supporting evidence.  Hello gray-bar hotel, no room service 'eh?  Refer to the any of the below links for additional information regarding potential domestic violence criminal charges or restraining orders.  Refer to the below links for additional information.             a.   DOMESTIC VIOLENCE Information - information pertaining to defense of domestic violence charges             b.   DOMESTIC VIOLENCE Criminal Charges - frequently charged domestic violence crimes             c.   DOMESTIC VIOLENCE Sentencing Summary             d.   CIVIL DOMESTIC ABUSE RESTRAINING ORDERS         3.  One of you must move out, or plan on disagreements.  To that end, the person who moves out will need at least first month's rent plus security deposit, maybe last month's rent, staple groceries, adequate furniture / household goods and transportation.  Plan on the expense, regardless of who actually moves.  This applies even if your partner has been living in your home which you own separately.  Financial arrangements for multiple residences are nominal in relation to criminal defense or restraining order defense, not to mention long term consequences of the paper trail left by such an allegation.  Throwing out your ex-partner with no money and nowhere to go is not wonderful, nor will it favorably impress a juvenile magistrate.  Use common sense - don't make or tolerate that demand or threat.         4.  In paternity cases, the parties have usually separated long ago or perhaps never cohabitated.  It has been my experience that if the parties are cohabitating when seeking counsel, they are attempting to establish a lawful family unit for purpose of school, insurance, military benefits or some other legitimate purpose.  If however the parties are in dispute, cohabitation during the pendency of the paternity lawsuit is as bad an idea as in divorce cases.   Negotiations           1.  Conduct all negotiations with the opposing parent in a park or restaurant which is a public setting but offers a degree of privacy.  Never discuss an emotional issue in the privacy of your home or a totally secluded area.  Argument, possible assault or injury, criminal charges and injunction will be avoided.         2.  If you and the opposing parent can not reach agreements in any particular discussion, recognize that you will not be able to agree and discuss the matter in 2 or 3 days when emotions cool down.  Do not continue to press a matter when you know you can't agree.  A court hearing may be necessary; courts decide fairly. Use court hearings for legitimate disagreement matters and avoid court battles over issues emblazoned by emotion.   Relationships and Sexual Intercourse           Relationships and sexual conduct may not be admitted in court as evidence except under limited circumstances as pertains to court dispute regarding children.  However, if the opposing parent learns of it or you bring a member of the opposite sex near the ex-partner, negative emotions will result (major understatement).  That will likely translate to needless court fights and higher attorney fees for each of you.  Be discrete, and do not live with a member of the opposite sex while your case is pending         1.  Children experience some degree of trauma due to separation.  Remember, they did not participate in the decision to split the family unit.  Do not expose children to friends of the opposite sex until the relationship is stable, and then introduce them gradually with a picnic, movie or some easy outing.         2.  Naturally, children should not be exposed to sex.  Nor should they be left with a babysitter for frequent or extended periods, nor late night while you party or enjoy recreational activities.  These facts are admissible; use common sense.         3.  Children, particularly young, will report the opposing parent's activities to you and will report yours to your former partner - pipeline.  Use common sense in establishing new relationships.         4.  As with cohabitation above, this concept must be tempered in paternity cases.  The parties have usually separated long ago or never cohabitated.  Each may have established separate romantic relationships and have "moved on."   However, jealousy rears it's ugly green head and can translate into court fights when there is no other logical reason for the dispute.  Additionally, it is common in paternity cases for the other parent to resent the new "significant other" and in particular object to the other's participation in visitation pick up or drop off or in negotiations between the parties.  The "significant other" will be a part of the child's life, but they have no place in negotiations, visitation pick up or drop off or in the litigation.  Keep contact between the other parent and your current "significant other" non-existent or to a minimum during litigation.   Estate Planning           1.  In paternity cases, it would not be uncommon for a new legal father to forget to amend his life insurance or estate planning.  Whether you make specific provision for the new legal child or exclude from the will, the circumstances have changed and provisions should be made by each parent to reflect present desires.          2.  Review wills, trusts or life insurance policies.  You may need to amend beneficiaries or your entire estate plan.  You may also wish to review your needs for powers of attorney, child guardianship and conservatorship, a medical or surgical treatment declaration (life support) or anatomical gift declaration.  I do not practice probate or estate planning; contact your estate planning attorney.   Award of Attorney's Fees and Costs of Litigation           In paternity cases, the relevant statute is CRS 19-4-117, which is similar to divorce law - CRS 14-10-119.  The court may order payment toward attorney's fees as well as expert witness fees, guardian ad litem or special advocate, costs of genetic testing or other litigation costs.  Attorney's fees and litigation costs may be awarded for periods prior to commencement of the proceedings and subsequent to judgment.           Award or denial of attorney's fees and costs of litigation is in the nature of support.  Award is not to be used as a punitive action.  The Court must consider award or denial in light of the income and property of the parties in relation to one another, and must make findings as to the amount and reasonableness thereof.  Under some circumstances, a court may consider the actions of one party which directly increase the costs of litigation.     *************************   *************************   "Nudie Pics, " "Explicit Videos"  or Sex Pics" If the parties created explicit images during the relation, refer to link for information If relevant, it's worth the time to read about "Nudie Pics" Has this really become a legal problem for multiple former clients?  yes This issue can result in registered sex offender status - very serious   *************************   *************************   New Relationships relevant only if this is a recent breakup           Mental health professionals will likely advise you that it takes approximately two years after the breakup of a significant relationship to conclude the grief or healing process; I suspect closer to 9 months - a year & a half.  Books are available from the public library, just as counseling and divorce recovery workshops are available.  It doesn't lessen your loss, but knowledge can aid understanding of the feelings you are undergoing.  I call it: "I'm crazier than a loon, but if I wasn't crazy, I really would be crazy."  A mental health professional referred to that cycle as "feeling and acting normally in an abnormal circumstance."  I have no expertise in the area; they do.  They use nicer phrases.  Temptation will be strong and will abound - be careful about entering into a significant relationship before you have concluded the grief process from this loss.  You may experience guilt that the relationship didn't work out, and that you are not a whole person.  Find a way to recognize yourself as a whole person - others do.  The end of anything is always the beginning of something new.  Consider parting ways with your former mate to be an opportunity to redefine your perception of yourself.

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PATERNITY - LEGAL PARENTAGE   CHILD SUPPORT AND RELATED EXPENSES CRS 19-4-116, CRS 19-4-117 STATE COURTS Juvenile Court * El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

        Hundreds or perhaps thousands of dollars may be at issue regarding any aspect of child support - any aspect may become a contest in any case.  Naturally, former litigants have taken support issues on appeal, and caselaw exists.

        Child support will be ordered by the court.  The divorce child support statute is CRS 14-10-115, which sets forth criteria for establishing child support.  The relevant paternity child support statutes are CRS 19-4-116 and CRS 19-4-117.  From the statute have sprung child support guidelines and  computation forms and tables (like tax forms) which will be used in setting child support, however the court may order a different amount if necessary to set a fair support figure.  The court will look at the ability of each parent to support and the needs of the children, including daycare expenses, health, hospitalization and medical insurance and deductible or non-covered medical expenses, continuing medical expenses, private school tuition if agreed or court ordered, post-secondary education or other financial circumstances relevant to your children.  Child support is not taxable income or deductible.  Issues to be addressed are deviation from guideline child support amount, relation back - retroactive child support, statutory interest, tax considerations and exemptions
        Refer to my primary website:
            1.  Hardcopy Legal Forms - local access to forms
            2.  Colorado Supreme Court Legal Forms - available by internet download
            3.  Colorado Supreme Court Child Support Guideline Computation Worksheets - on-line instructions & downloads or 
            4.  Child Support and Spousal Maintenance Software  (commercial site - cost involved & computer installation required)
            5.  Military and Civil Service Defense Employee Pay and Benefits - links to military and civil service defense employee pay and benefits.  This information is beneficial when an LES is not available to the spouse.
            6.  Colorado Revised Statutes (CRS) are available in the local law library supported by the El Paso County Bar Association - you may ask a librarian for assistance in locating statute books.

        Up to 93 overnights, no support deduction is made for the obligation of the residential parent's child support obligation to the other parent. This computation is labeled Worksheet A - Child Support Obligation.

        Commencing at 93 overnights with the other parent, deduction is made for the obligation of the residential parent's child support obligation to the other parent.  This guideline computation is labeled Worksheet B - Child support Obligation - Shared Time. Depending on the actual contribution circumstances, even with 93 or more overnights, the court may use Worksheet A.

        If the parties have multiple children and one or more primarily reside with one parent while one or more children primarily reside with the other parent, two child support guidelines are calculated for the child(ren) with each respective parent, then set off to determine the net support owed by one parent to the other.

        Child support guideline computation worksheet labels do not affect the decision making process or scheduled overnights; they are merely mathematical computations.

        When computing the amount of child support, after born children not children of both parties will not be taken into consideration.  In later modifications, that means if either party has children born of a another relation subsequent to the child who is the subject of the support proceeding, no consideration will be given to the expense of raising or supporting those children, whether born in lawful wedlock or not.  CRS 14-10-115(7)(d.5)(1)

        Receipt of public assistance benefits must be reported at the time of filing the petition.  CRS 14-10-107.7  If public assistance is being received at present, it is important to obtain a support order as quickly as possible to limit potential liability of the obligor spouse.  If welfare has been received for a child, notice must be given to and it is likely the local governmental Child Support Enforcement Unit (CSE) will enter as a party in the case seeking reimbursement for current or past welfare expenditures.

        It is illegal to agree the "non-custodial" parent will not see the children in return for no payment of support. Do not attempt to pass this type of agreement by the court.

        Contest may arise regarding issues such as reasonableness of daycare, unemployment or underemployment and imputed income, tax exemption, health insurance and on-going medical deductible or non-covered expenses.  Medical expenses can include cosmetic orthodontia, medically necessary orthodontia, eye-care, dental treatment, and any uninsured single or chronic health problem.  Significant amounts of money can be involved.

        Current child support may be enforced by income assignment.  With this remedy, the obligor's employer deducts child support or spousal maintenance from the obligor's paycheck each payday and sends direct to the District Court Registry Fund or the statewide Family Support Registry.  This assures current payment so long as the obligor remains employed.  If one party requests an income assignment, it must be automatically granted pursuant to statute.  CRS14-14-111.5(2)(f)  The fund utilized depends upon the type of support (child support or spousal maintenance) and whether support is ordered in a divorce case or paternity case.

Health, Hospitalization and Medical Insurance  

        Insurance Required. In child support orders issued pursuant to the divorce child support statute (CRS 14-10-115) the court is required to provide for the child(ren)'s current and future medical needs by ordering either parent or both parents to initiate medical or medical and dental insurance coverage for the child or children through currently effective medical or medical and dental insurance policies held by the parent or parents, purchase medical or medical and dental insurance for the child or children, or provide the child or children with current and future medical needs through some other manner. At the same time, the court is required to order payment of medical insurance or medical and dental insurance deductibles and co-payments. Payment of a premium to provide health insurance coverage on behalf of the children subject to the order is to be added to the basic child support obligation and shall be divided between the parents in proportion to their adjusted gross income.

        Insurance Cost Excessive - Requirement Abated.  Where the application of the premium payment on the child support guidelines results in a child support order of fifty dollars or less or the premium payment is twenty percent or more of the parent's gross income, the court or delegate child support enforcement unit may elect not to require the parent to include the child or children on an existing policy or to purchase insurance.  The parent shall, however, be required to provide insurance when it does become available at a reasonable cost.

        Insurance Assignment.  
        CRS 14-14-112 requires that in all orders which direct the obligor to provide health insurance for any child, the court shall include a provision directing the obligor's employer to enroll such child in the health insurance plan and to deduct from the wages due the obligor an amount sufficient to provide for premiums for health insurance when such insurance is offered by the employer. 
        19-4-116(5) imbues the court in a paternity action with the authority to require a party to purchase or maintain a medical insurance policy to provide for the current and future medical needs of the child.  S.F.E., In Interest of T.I.E., 981 P.2d 642, 647 (Colo. App. 1998).  Similar to child support, where a party has been ordered to provide health insurance, assignment may similarly be entered.  CRS14-14-112(1).  However, if insurance is ordered the statute makes health insurance assignment mandatory.

Expenses of Confinement
Pregnancy, Pre-Natal Care and Birth
and
Medical Expenses Between Birth and Lawsuit

        Expenses of confinement, pre-natal care and birth, and uninsured medical or health care expenses subsequent to birth but prior to legal proceedings may also become contested issues.  Medical expenses can include cosmetic orthodontia, medically necessary orthodontia, eye-care, dental treatment, and any uninsured single or chronic health problem.  Significant amounts of money can again be involved.

        Regarding expenses of confinement, the major obstacle is not the law, but producing evidence of expense.

        Authority for recovery of the medical expenses associated with the pregnancy previously incurred by the mother is found in CRS 19-6-116(3), and jurisdiction rests exclusively under the Uniform Parentage Act.  In Re Custody of Garcia, 695 P.2d 774 (Colo. App. 1984).

        Under CRS 19-4-116, the trial court may order the father to pay the reasonable expenses of the mother's "pregnancy and confinement."  S.F.E., In Interest of T.I.E., 981 P.2d 642, 647 (Colo. App. 1998).  Where the trial court apportioned these expenses between the parties according to their respective gross incomes under CRS 19-4-116, the court of Appeals found no error.

        Copies of canceled checks and former medical billing statements are good evidence.  If the person seeking reimbursement did not keep good records, duplicate accounting statements can be requested from medical providers.  For any exotic or questionable medical procedure, it may be necessary to produce expert testimony as the reasonableness of treatment.

        The law with respect to other prior health care expense issues is more complicated.

Relation Back - Retroactive Child Support

        Child support may relate back to the date of the child's birth or any time subsequent thereto - this is called retroactive child support or relation back.  Issues can be highly contested regarding whether the court enters an order for support during a period of time prior to the order, what period is covered, how much periodic support is ordered and terms of repayment.  Once a support order is entered, each installment becomes a judgment the day it becomes due.  The court may not later modify the amount of support or deny the obligee any lawful remedy.

        Child support can be efficiently enforced. Refer to the support enforcement page of my primary website for additional information regarding income assignment for current and arrearage child support, garnishment of income or bank accounts and enforcement by contempt of court (jail). 

        The Department of Human Services through the local governmental Child Support Enforcement Unit (CSE) will seek reimbursement of the full amount of public assistance, but is limited to the amount of any court support order.  CRS 19-4-118   If welfare benefits are currently being received, the obligor (person paying support) should seek temporary support orders as soon as possible to limit the amount of liability.

Deviation from Child Support Amount Presumed Reasonable
Pursuant to Guideline Computations

        The trial court may deviate from presumed amount of support in CRS 14-10-115 according to the criteria in subsection (6) so long as it enters findings that allow an appellate court and the parties to discern the reasons for the deviation. In Interest of D.R.V., 885 P.2d 351 (Colo. App. 1994).  If the record ( paternity case) reflects the trial court considered the relevant factors for determination of support, CRS 14-10-115, (divorce statute) there is no abuse of discretion.  Garcia, supra, In re Marriage of Krise, 660 P.2d 920 (Colo. App. 1983).  

Statutory Interest

        Statutory interest on child support is 12% per annum from the date each installment was due. CRS 14-14-106, CRS 5-12-101.  Once an order has entered, obligee (person receiving child support) has a right to statutory interest. If an obligor defaults on a child support installment after entry of order, obligee is entitled to statutory interest.  If the court relates back in an order and , at issue may be whether the obligee is entitled to statutory interest at 12% per annum on retroactive support arrearages. 

Tax Considerations and Exemptions

        Child support is not taxable income or deductible.
        The court may allocate daycare federal tax credit.
        The court may allocate the federal income tax dependency exemption, and further may order each parent to execute necessary forms declaring that either such parent will not claim the children as dependents.  CRS 14-10-115(14.5) - guidelines (divorce), and CRS 19-4-129 (paternity) require the court, unless otherwise agreed by the parties, to allocate the right to claim dependent children for income tax purposes between the parties in proportion to their contributions to the costs of raising the children.

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PATERNITY - LEGAL PARENTAGE   ALLOCATION OF PARENTAL RESPONSIBILITIES and PARENTING TIME fka CHILD CUSTODY & VISITATION STATE COURTS Juvenile Court * El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

        The court previously decided legal custody (decision making), physical child custody (where a child lived) and visitation ( the schedule upon which the non-custodial parent was entitled to see a child) based upon the best interest of the children. In effort to eliminate the idea that children are items to be awarded in a divorce, terminology has changed. Custody and visitation no longer exist in Colorado except as is required for tax exemptions.  CRS 14-10-131.7

        Regarding allocation of parental responsibilities and parenting time, the court may enter temporary issues pursuant to CRS 19-4-111 and permanent orders pursuant to CRS 19-4-116.  Determination is to be made in accordance with the criteria set forth in the Uniform Dissolution of Marriage Act.

Allocation of parental responsibilities  CRS 14-10-124

        Decision making for children remains an issue for the court to rule upon.  That is now called allocation of parental responsibilities.  The court addresses day to day decision making, as well as major decisions such as religion, medical care, education and general welfare issue which affect a child.

        Major decision making may be ordered jointly, or by the parent with whom the child primarily resides.  Provision is also made for future dispute resolution, such as submission to mediation, arbitration, or request for the court to review the disputes.  The court may order joint decision making without agreement of the parties, even over each parties' objection.

Parenting time  CRS 14-10-124

        Parenting time encompasses court rulings regarding the children's primary residence and upon what schedule the other parent will have the children physically present with him or her.  The court continues to use the best interest of the child as the polestar.  CRS 14-10-123.4

        More emphasis is now placed on each parent assisting with children's obligations, such as homework, taking the children to activities, etc.  If possible, children should have liberal access to each parent - children have a right to know and love each parent.  Under limited circumstances, parenting time may be restricted or denied by the court if in a child's best interest.

        The court will consider denial of or failure to exercise parenting time in ruling upon decision making, primary physical residence and parenting time.

Parenting time enforcement.  CRS 14-10.5-104  The court may utilize:
        Mediation - both voluntary or mandatory
        Family counseling
        Parental education
        Development of parenting plans, including monitored parenting time, supervised parenting time, or neutral drop-off and pickup locations
        Court ordered parenting time guidelines
        Alternative arrangements with respect to parental responsibilities

Access to records.  
        CRS 14-10-123.8  Access to information pertaining to a minor child, including but not limited to medical, dental, and school records, shall not be denied to any party allocated parental responsibilities, unless otherwise ordered by the court for good cause shown.

"Custody battle" with significant other or extended family member.  
        If you are a caretaking parent, be aware of the possibility of a "custody fight" if you:
                permit your boyfriend or girlfriend to cohabitate for 6 months or longer
                place your child(ren) with family a family member or close friend for 6 months or longer
        Similar to the annulment statute, there has been great interest in this particular statute.  Colorado Revised Statutes (CRS) are available on-line (refer to link) or are available in the local law library supported by the El Paso County Bar Association - you may ask a librarian for assistance in locating statute books.

Motion to modify - affidavit required. 
        A party seeking to modify a former order regarding custody or allocation parental responsibilities must submit an affidavit with the motion to modify.  Failure to do so will result in dismissal.  CRS 14-10-132

PREPARATION FOR COURT PROCEEDINGS
REGARDING CHILDREN

        Terminology sometimes appears confusing, however it may not seem so difficult when you understand the court will be ordering how major decisions affecting children will be made, and deciding separately who will be the primary caretaker for the children.

        Obtain a spiral notebook and keep brief notes regarding matters pertaining to the children, both agreements and disputes.  Date each entry, state only facts, not opinions, and make each entry brief.  Keep a record of parenting time requests, including dates & times, parenting time exercised, and relevant facts.  Your notes may be later used to refresh your recollection on the witness stand and will be used by the lawyer to prepare for hearings.  With notes, you may effectively rebut false claims of your spouse and you will have a record to build your case.

        Advise the attorney not only of favorable circumstances, but of facts which may be harmful to your case.  Allowing your attorney to be educated by opposing counsel in court is very damaging to your case.

        If you and the opposing parent are contemplating a "custody battle," seriously consider the matter in light of the effect it may have on your children.  Parental responsibilities allocation evaluation is likely and a guardian ad litem or special advocate may be appointed by the court to represent the best interests of your child(ren).  You must be prepared to commit substantial financial resources.

        Each party will be required to submit a written, detailed parenting plan.

        In every case where children are involved, this attorney recommends you consult a psychiatrist, psychologist or licensed social worker to learn more about what impact your separation will have on the children, and how to effectively cope.  Advance knowledge will likely assist you in neutralizing negative circumstances and minimizing injury to your children.

        Permanent separation is a major life event, as is death of a loved one.  Do not feel stigmatized by seeking professional advice.  The fact you are inquiring into legal remedies indicates your relationship is in serous trouble, and perhaps your entire family structure has disintegrated or failed to materialize.  Consulting a mental health professional is quite likely the best course of action you could take at this point.  If the children are exhibiting trauma or unusual behavior, by all means immediately consult a mental health professional.  As a governmentally subsidized agency, Pikes Peak Mental Heath bills fees on a sliding scale based upon income.  Many private therapists or counselors are also located in town.  You may not desire extended therapy, however don't hesitate to at least touch base, regardless of whether or not you have children.

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PATERNITY - LEGAL PARENTAGE   PROPERTY UNMARRIED PERSONS STATE COURTS Juvenile Court * El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

        The court in a domestic abuse restraining order case or paternity case has jurisdiction (power) to and will address the issue of one party vacating a common residence.  If a domestic abuse restraining order enters, the restrained person must vacate the common residence immediately upon service of the temporary restraining order.  The restrained person, when accompanied by a law enforcement officer, may remove a few necessary personal effects necessary to survive pending final orders hearing.  Refer to link for information.

Property - Married Persons

        a.  Real Property.  If the parties are married (including common law marriage), either party may file for dissolution of marriage, legal separation and in that case either party may request an order for exclusive possession of the family residence at temporary orders hearing and may request sale or other disposition at final orders hearing.  One party may be required to wait until final orders hearing to divest the other party of possession.  A mandatory waiting period of 90 days exists in dissolution of marriage; finalization may take several months.  If a divorce is coming, the excluded party is well advised to commence the dissolution of marriage proceedings and timely pursue the case to final orders.

        b.  Personal property is similar.  Usage of some may personal property may be obtained at temporary orders hearing in a dissolution of marriage, but full division will await final orders hearing.

Property - Unmarried Persons

        Property is a totally different circumstance if the parties are not married.

        a.  Jurisdiction
                1.  The county court in a domestic abuse restraining order action does not have jurisdiction to order possession or division of real property or personal property.
                2.  The juvenile court in a paternity action does not have jurisdiction to order possession or division of real property or personal property.

        b.  Shared Residence
                1.  Residence owned by party in possession.  If the residence is owned by the party in possession, no dispute exists with respect to possession.  Possession follows ownership.
                2.  Residence owned by excluded party.  If the restrained person owns the residence and the protected person has no ownership claim (shack job), the protected person may initiate a separate forcible entry and detainer lawsuit pursuant to CRS 13-40-101, et. seq..  However, the restrained person shall not be entitled to return to the residence until such time as a valid writ of restitution is executed, filed with the court issuing the restraining order, and the restraining order is modified accordingly. CRS 13-14-102(8)(c)  Put another way - if the restrained person has sole ownership of the residence, the protected person may have exclusive use of the home.  The restrained owner is not permitted back into his / her home until an FED order has entered and the temporary or permanent restraining order has been modified.  What a bummer.
                3.  Paternity - no restraining orders & non-owning party refuses to leave.  If the non-owning party refuses to leave, but has no restraining order granting possessory interest, the owning party still has a problem.  It is not lawful to bodily eject your soon to be former partner - harassment or assault charges may be brought for unlawful touching.  Forcible entry and detainer (FED) lawsuit is the answer.
                4.  Excluded party made contributions toward residence.  If the excluded party without ownership interest (title) contributed to the purchase or debt amortization of the property and claims some entitlement and the parties are unable to agree upon division, a separate lawsuit should be brought in District Court - unjust enrichment, joint venture or analogous to dissolution of a partnership seeking distribution of partnership assets.  This type of lawsuit is founded in contract law, and the excluded party must overcome a foreseeable argument that contributions constituted rent or a completed gift.
                5.  Jointly owned residence.  Similar to ¶(b)(4), if the parties are unable to agree upon division, a separate lawsuit should be brought in District Court - unjust enrichment, joint venture or analogous to dissolution of a partnership seeking distribution of partnership assets.  This type of lawsuit is founded in contract law.

        c.  Personal Property, Including Motor Vehicles
                1.  Separate property divided.  If each party has received his / her personal property, no dispute exists with respect to possession.  Possession follows ownership.
                2.  Separate property retained by other party.  If the personal property has not been divided:
                        a.  Communications
                                1.  The restrained person may not contact the protected person for any reason, including property distribution.  Counsel may do so.  If restraining orders are not in issue, the parties may communicate direct, but do so in a public place which affords some degree of privacy.
                                2.  If the protected person contacts the restrained person for any reason, including property distribution, the protected person risks invalidating the restraining order or creating a defense to contempt or prosecution.  Counsel may contact the restrained person.
                        b.  If the other party is unwilling to make distribution of personal property claimed by the other, the person claiming ownership may initiate a separate replevin or trover lawsuit pursuant to C.R.Civ.P. 104, 404, CRS 13-6-403, CRS 13-16-106, CRS 13-80-101.  Trover for a horse.  However, the restrained person shall not be entitled to possession of the property until a the sheriff has executed upon a valid replevin order.  Put another way - if one party will not give the separately owned personal to the rightful owner, separate lawsuit is required to recover the disputed property or money damages.  What messes people can create.
                3.  Non-owning party made contributions toward personal property.  If the party without ownership interest (title) or without possession of untitled property contributed to the purchase or debt amortization of the property and claims some entitlement, and if the parties are unable to agree upon division, a separate lawsuit should be brought in District Court - unjust enrichment, joint venture or analogous to dissolution of a partnership seeking distribution of partnership assets.  This type of lawsuit is founded in contract law, and the non-owning or non-possessing party must overcome a foreseeable argument that contributions constituted rent or a completed gift.
                4.  Jointly owned personal property.  Similar to ¶(c)(3), if the parties are unable to agree upon division, a separate lawsuit should be brought in District Court - unjust enrichment, joint venture or analogous to dissolution of a partnership seeking distribution of partnership assets.  This type of lawsuit is founded in contract law.

                a.  If the parties cohabitated and personal property has not been divided, do so immediately. 
                b.  When you make division of your personal property, divide as much as possible, and make one move.  Disagreements are caused when one of you continually contacts the other requesting minor items of personal property. Identify those items on which you disagree; your attorney will negotiate or a court hearing may be necessary.  The goal is to identify & minimize those items which are contested.  Don't sweat the small stuff; be flexible without giving up important matters.  If you take petty personal property issues to hearing in a separate civil case, a judge could easily order all property to one party or the other, or could order property sold at public auction and division of proceeds.  Remember, attorney's fees and litigation costs may exceed the value of the property.

        d.  Unmarried Cohabitation.  It is this attorney's understanding absent common law marriage or statutory marriage (judge or clergy ceremony) or contribution and unjust enrichment, neither party acquires any right in or to property of the other unless by contract (express or implied) which would be scrutinized as under standards of Salzman v. Bachbrach, supra.  Colorado does not have "marital property or community property" law with reference to mere cohabitation by unmarried persons.

See Salzman v. Bachbrach, 996 P.2d 1263 (Colo. 2000)
        Where past, present, and future sexual relations were the sole consideration for the original delivery of a thing of value, the contract mirrors a contract for prostitution which is immoral, unlawful and void.  Neither law nor equity will aid either to enforce, revoke or rescind.  Id at 1266 - 1267.
        Non-married cohabitating couples may legally contract with each other so long as sexual relations are merely incidental to the agreement.  Couples may ask a court for assistance, in law or in equity, to enforce such agreements.  Id at 1267 
        Cohabitation and sexual relations alone do not suspend contract and equity principles. We do caution, however, that mere cohabitation does not trigger any marital rights.  A court should not decline to provide relief to parties in dispute merely because their dispute arose in relationship to cohabitation. Rather, the court should determine as with any other parties whether general contract laws and equitable rules apply.  Where sexual relations with the other cohabitating partner are not the sole motivation, cohabitation does not bar suit in equity.  Id at 1268 - 1269

        e.  Untangle Co-Mingled Finances.  If you co-mingled your finances, advice in divorce cases still stands - close all joint accounts and separate your finances as best as possible without separate lawsuit court intervention.

        1.  Close all joint charge accounts immediately. Notify creditors by certified mail that you will no longer be responsible for future debt incurred by the other parent.  Send creditors one-half of the charge card of the parent who will no longer have charge privileges, or close the account entirely if need be.  This includes utilities and checking accounts as the other parent may write bad checks.  Closing joint liabilities is simply good business and eliminates possible disagreement later.  It may be uncomfortable to discuss this with the other parent immediately.  You may believe excessive charging to be out of character for the other parent.  You may fear the finality this seems to bring.  Do it anyway & do it now - attorneys see this problem frequently.  Close all joint accounts immediately. ...twice written intentionally.
        2.  Close all joint savings accounts, and divide the proceeds fairly.  If you anticipate problems, transfer the proceeds to a savings account in your name only, and hold (not spend) the proceeds until final disposition can be made.  It is easier to give the money to the other parent than to ask for it back.  This office recommends immediately after you have withdrawn the money, you convert the new savings account to an account where withdrawal is possible only upon the signature of both you and the other parent; check with your bank for availability.  Protect your savings.

        f.  Physical Separation.  If cohabitating, there is no pleasant or enjoyable way to physically separate. If necessary, either party may hire an off duty police officer to be present and keep the peace while household goods are being physically moved. You may attempt to hire an off duty law enforcement officer by calling the Colorado Springs Police Department or the El Paso County Sheriff's Office.  No officer will participate in deciding who may take or keep individual items, the officer will merely keep the peace. Plan on $50+ minimum. To provide for an efficient and rapid move, make certain sufficient manpower, truck space, dollies, pads, etc. have been arranged in advance.

        g.  Common Sense.  Attorney's fees and costs may exceed the value of the property.  Also, in the event of property litigation, dispute between the parties is not over.  Peace is benefit in and of itself.  Sometimes it is appropriate to write off an asset or loss, and chalk it up as a bad experience.  Bear in mind, you chose to enter into the relationship.

PATERNITY - LEGAL PARENTAGE   "PALIMONY" MAINTENANCE   UNMARRIED PERSONS RELATIONSHIP STATE COURTS Juvenile Court * El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

        Spousal maintenance does not exist in Colorado unless the parties were married by common law marriage or statutory marriage (judge or clergy ceremony).  "Palimony" or maintenance support between non married cohabitating partners is therefore unavailable in a paternity action.  If the parties cohabitated, there is a legal theory for partner support based in contract law.  The landmark case is Marvin v. Marvin, 18 Cal.3d 660 (1976).  While the actor Lee Marvin's case has been cited in two Colorado cases - Salzman v. Bachbrach, 996 P.2d 1263, 1267-1268 (Colo. 2000) (see property above) and In re Estate of Lewis, 652 P.2d 1106, 1108 (Colo. App. 1982), "palimony" has not been adopted in Colorado to this attorney's knowledge.

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PATERNITY - LEGAL PARENTAGE   OTHER POTENTIAL LEGAL PROCEEDINGS STATE COURTS Juvenile Court * El Paso County Colorado Self Help Clinics Self Help Legal Research Attorney Fees & Costs Travel Time & Mileage Client Fact Sheets - Case Preparation Colorado Revised Statutes

DIVORCE FROM PRESENT SPOUSE

Advice has been requested on multiple occasions from the current wife of a man named as Respondent in a paternity case. In addition to being upset about an extra-marital sexual affair of which she may not have had knowledge, the wives have expressed concern about the impact of paternity support payments upon the family's lifestyle and ability to meet the financial needs of their marital children. Paternity litigation can have significant impact upon one's marriage, and can result in divorce proceedings being initiated by the current wife.  If you have questions regarding dissolution of marriage, refer to my primary website dissolution of marriage / legal separation page.

DOMESTIC VIOLENCE CRIMINAL - FELONY & MISDEMEANOR STATE COURTS County Court * District Court * El Paso County Frequently Charged Offenses DOMESTIC ABUSE CIVIL RESTRAINING ORDERS OTHER POTENTIAL LEGAL PROCEEDINGS Criminal Proceedings Misdemeanor Felony Criminal Sentencing Sealing Criminal Records Legal Research Colorado Revised Statutes Travel Time & Mileage Attorney Fees & Costs

In my primary website divorce page I have included a brief synopsis of potential civil and criminal consequences and litigation which may become relevant to family law litigants.  Also included are links to counseling, safe house & other resources.  Emotions may run high, particularly at commencement of paternity litigation.  It's worth a few minutes to learn a little of potential pitfalls - refer to the Dissolution of Marriage - Domestic Abuse & Domestic Violence link..

For a more detailed information regarding domestic abuse civil restraining orders or domestic violence criminal matters, refer to one of the below links.             a.   Civil Restraining Orders - information pertaining to domestic abuse restraining orders             b.   Domestic Violence Information - information pertaining to defense of domestic violence                     charges             c.   Domestic Violence Criminal Charges - frequently charged domestic violence crimes             d.   Domestic Violence Sentencing Summary             e.   Domestic Violence & Anger Management Treatment Agencies                     Local Class List - State Certified

Spying on the spouse or significant other.  Factual basis for felony stalking or domestic abuse restraining order is not limited to physical acts.  Electronic bugging devices or tracking devices (GPS) will support a felony criminal prosecution or restraining order.

Refer to CRS 18-9-111(4) - criminal classification: (F-5) or (F-4)

Refer to People v. Sullivan, 53 P.3d 1181 (Colo.App. 2002)         felony stalking conviction upheld for electronic GPS device on wife's car with downloadable chip

In the context of felony stalking, (whether or not an intimate relationship, breakup, divorce, separation, paternity allegation or domestic abuse restraining order litigation), the Sullivan rationale may likely extend to surreptitious installation and monitoring of a computer program which repeatedly reports computer usage or internet activity to another.  (computer spyware tracking programs installed without the user's knowledge or consent).  Publishing attorney has not had occasion to defend a computer spyware felony stalking case, nor is he aware of any specific case in which such criminal charges have been initiated.  Although Sullivan may be a harbinger, current statutory language does not specifically identify surreptitious spyware installation or monitoring as prohibited conduct, and may not be sufficient to support a felony stalking conviction.  Additional legal research would be required for a more definitive opinion regarding defense of this issue.      Web beacons, aka web bugs, have become standard practice in many commercial websites, including reputable companies.  Web bugs are installed surreptitiously without the user's knowledge or consent and without benefit of court order - court scrutiny.  Web bugs may track computer usage or internet activity.  Commercial software is available to block or find and delete web bugs which are considered by many in the computer industry to be spyware.     An attorney naturally queries the difference between tracking spyware surreptitiously installed by a commercial enterprise and tracking spyware surreptitiously installed to track computer or internet activity of someone with whom the installing person (alleged stalker) has had a continuing relationship.  Put another way, is the enabling language of CRS 18-9-111(4)(a) sufficient to withstand a constitutional equal protection challenge?

Generally speaking, the maxim applies which William Shakespeare set forth in Merchant of Venice:       "truth will come to light... at the length truth will out"   which has come to be known as:   "over time, the truth will out" Be patient, not a criminal law case of first impression or test case like Sullivan. If there is a need to quickly determine facts, hire a reputable private investigator.

Destruction of joint or marital property may result in criminal mischief charges.

Refer to People v. Sullivan, 53 P.3d 1181 (Colo.App. 2002)         arson conviction upheld for burning wife’s marital property clothing

Prior to and during litigation proceedings, be respectful of joint property or marital property.         This would be particularly applicable regarding that claimed by your significant other to be his or her property.

Domestic abuse retraining order.  If facts support a criminal conviction, facts will support a domestic abuse restraining order.

Abuse can occur in any gender, race, social or economic background.

Child Abuse.  By law, child abuse reported to medical, therapy, social work or school professionals must be reported by them to DHS or law enforcement.  Based upon the statutory attorney-client privilege, an attorney may not disclose abuse without the client's your consent.

Child abuse or domestic abuse will not be tolerated by the courts.  By law prior criminal charges, abuse injunctive proceedings and child abuse dependency and neglect proceedings must be disclosed in writing to the judge at the time of filing the divorce or paternity action.  The DHS maintains a statewide identification central registry of all reported child abuse.  The Colorado Bureau of Investigation (CBI) maintains a statewide central registry identifying domestic abusers (civil injunctions and criminal charges).  These records have major impact upon a person's future.  Injury or criminal charges may result from actions.  Use reason, logic and self-control when separating - not emotional reaction.

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INDEPENDENT SERVICE PROVIDERS

        Where relevant, I utilize the services of independent professionals.  Rates of independent providers of professional services change periodically and billings are not controlled by counsel.

        If retained by counsel as an agent of the attorney, such independent service providers are bound by the attorney-client privilege.  If retained privately by the client, no such agency or confidentiality exists.

PROCESS SERVICE	PRIVATE INVESTIGATION	LABORATORIES
COURT REPORTERS		MEDIATORS

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Paternity Overview Page Top

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PATERNITY - LEGAL PARENTAGE DO I NEED AN ATTORNEY?
Do I need an attorney?	Probably time to loosen the pocket book and hire a family law attorney. Allocation of parental responsibility, parenting time, expenses of confinement, and  retroactive and/or current child support frequently have long term consequences, and can have significant impact upon children as well as finances.  You need not retain my services, but hire counsel.
Client Ambivalence	It is normal for persons contemplating a paternity action to vacillate between wanting to commence the lawsuit, delay out of concern for parental responsibilities (custody) orders or potential child support financial consequences or perhaps revive the relationship. An attorney's job is to prepare & file pleadings, then pursue the lawsuit to final orders.  A lawyer is not a relationship counselor. Please make the determination to file a paternity lawsuit and see the case through to final orders before calling.  Additionally, while the attorney will assist in assessing the viability of client's goals, before contacting an attorney each prospective client should have a basic plan - a common sense or realistic "wish list."

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PATERNITY - LEGAL PARENTAGE FAMILY LAW PRACTICALITIES

        I am a single parent who has raised his daughter alone since infancy.  I've walked the mile at 3 a.m. and am familiar with single parenting issues from tender years through teens.  It is irrelevant whether an attorney's client is mother or father, petitioner or respondent.  I am most willing to assist with a just and fair resolution of your paternity issues.  However, I will not provide representation in legal proceedings where the client's goal is to punish the other parent as a vendetta.

        Family law cases should commence seeking the ballpark of reason - otherwise known as a win-win solution as best as can be achieved under the circumstances.  Although that should be the first step, sometimes it is not possible.  If the opposing party is unreasonable or litigation is otherwise required, then it's time to litigate.  That means case preparation - both factual and legal research to effectively present the client's case to the court.  The magistrate's or judge's polestars will be the best interest of the children and fundamental fairness under the facts and circumstances.  Mere lip service to these principles is not sufficient, but reasonable or legitimate requests for relief are likely to be granted in court orders.

        The more complex the case or as justiciable issues increase, fees and costs increase.  This is a reality no matter which attorney a prospective client hires.  You are welcome to review Alternatives to Private Counsel - Other Options and visit with any number of attorneys.  In family law matters, it is especially important that the client be comfortable from the outset with the attorney he or she retains and understand the attorney's billing structure.

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ATTORNEY'S FEES AND COSTS PATERNITY -  LEGAL PARENTAGE
PATERNITY	SUPPORT ENFORCEMENT	MODIFICATION	INITIAL DIVORCE

        At the time of the first visit, a prospective client will be quoted hourly attorney fees and estimated costs. The hourly fee and initial trust deposit quotes will be honored for a period of seven (7) days, after which quotes are subject to change without notice if this office has not been retained.  Attorney is a sole practitioner with need to manage his caseload.  Pending proposed client acceptance and payment, retainer agreement proposals are subject to withdrawal.  Attorney reserves the right to decline any case.
 
        Included in attorney's primary website is a web page devoted to clear definition & understanding of free first consultation, fees and costs, retainer agreement and terms of representation.  Additional information regarding fees & costs may be found via the links following potential quotes.

POTENTIAL FEE QUOTE PATERNITY -  LEGAL PARENTAGE INITIAL CASE HOURLY FEE RATE TRUST DEPOSIT REQUEST This office bills hourly fees only in family law cases.  Time expended determines fees.  Due to the fact I can not predict behavior of parties who were in a previous relationship and may be emotional, I do not offer flat fees and do not offer contingency (percentage) fees regarding support enforcement.
PAYMENT Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your case.
Colorado Springs Attorney Robert D. Gustafson HOURLY ATTORNEY FEES LITIGATION COSTS DEPOSIT $       hourly    $     variable        paternity common trust deposit request including attorney's fees & litigation costs - excluding travel map * travel policy - time & expenses * travel rates   $5,000*
INITIAL PATERNITY ACTION * this shall not constitute an offer, nor be construed as a binding estimate
Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits.	Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.
trust deposit for anticipated fees & costs is due when retained attorney does not accept installment payments FIRST CONSULTATION ALTERNATIVES regular billings are scheduled on the 1st and 15th payment not received as agreed = representation withdrawn	MAJOR CREDIT CARDS ACCEPTED Third Party Payment Authorization charge card merchant discount
COSTS Out of pocket expenses (costs) are the responsibility of the client.
Specific paternity filing fees or court costs Specific paternity birth certificate costs	Generic costs relevant to any paternity case Generic costs relevant to any litigation
Specific post decree support enforcement filing fees or court costs
PARTIAL LIST OF POTENTIAL COSTS out of pocket costs are the responsibility of the client generic costs relevant to any paternity action specific paternity birth certificate costs post decree support enforcement court fees or costs link to Colorado Judicial Branch website current costs information published by state COLORADO STATE COURT COSTS litigation costs fluctuate - below estimates may be obsolete fees & costs assessed by courts or third party providers are not within attorney control generic costs relevant to litigation
Petitioner Respondent Court filing fees - initial proceedings: $159.00   n/a  Respondent - paternity n/a $  90.00  Registration of Foreign Decree - Paternity, Custody or Divorce $151.00 $151.00 Outgoing Interstate Enforcement $  00.00 n/a Petition for Allocation of Parental Responsibilities $186.00 + $40 Class = $226.00 $  90.00 Intervenor Third Party Filing $145.00 Motion to modify - 60 days or more after initial order $  95.00 $  95.00 ADR - Alternate Dispute Resolution           Mediation (fee per party) $100.00 minimum $100.00 minimum Birth certificate              Colorado $  35.00 $  35.00          Other states each set own fees each set own fees Background search - cost per parent search Price Price DMV out of state driving record  - per parent searched each set own fees each set own fees Local court archive records search fee           may be more or less $  10.00 $  10.00 Copy expense at courthouse - files (estimate - may vary) $  10.00 $  10.00 On-line legal research          depends upon research issues, if any Varies Varies Private investigator initial retainer - if relevant - Rivera Investigations utilized          variable - missing birth parent $______ $______ Process service expense          depends upon location of birth parent $______ $______ Travel time and expenses if case outside Colorado Springs Rates Rates
partial paternity support enforcement out of pocket expenses Judgment expenses would be relevant in the event the court enters a support order relating back to birth or other time prior to date of the order.
$   0.00   Court - filing fee - judgment or contempt enforcement 95.00   Court - Filing Fee - motion to Modify - 60 days or more after initial order 35.00   Court - writ of execution 35.00   Court - writ of garnishment 55.00   Court - writ of attachment 20.00   Court - transcript of judgment 15.00   Court - satisfaction of judgment eertificate 15.00   Court - certification - per document 15.00   Court - exemplification 0.75   Court - copy cost per page 50.00   Court - judgment creditor docket fee -          Creditor's Examination or Creditor's Interrogatories 10.00   Court - judgment debtor fee - judgment $  5,000 - $10,000 30.00   Court - judgment debtor fee - judgment $10,000 - $20,000 50.00   Court - judgment debtor fee - judgment $20,000 - $30,000 90.00   Court - judgment debtor fee - judgment $30,000 - $50,000 Varies   Court - judgment debtor fee - judgment $50,000 and over             $90.00 + $2.00 for each $1,000 over $50,000 5.00   Clerk and Recorder - filing fee - per page
CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  limited search pricing

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GENERAL CONSIDERATIONS INITIAL PATERNITY CASE OR POST DECREE
Fees and costs are not billed until incurred, however in the event of dismissal by client or opposing parent, earned fees and expended costs will not be refunded.  Bear in mind, when one parent opens Pandora's Box, other issues will also likely become subject to litigation.  Client should be certain he * she actually desires an order regarding legal parentage, child support, allocation of parental responsibility (custody), parenting time (visitation) and the child's lawful surname before commencing paternity litigation.           To a large degree, the conduct of client and the opposing parent and the ability or inability to agree will determine the final amount of fees and costs.  No two cases are the same.  Resolving emotions in counseling or elsewhere and removing emotions from litigation will significantly reduce legal expenses.
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POTENTIAL FEE QUOTE POST DECREE - ENFORCEMENT SUPPORT ENFORCEMENT Attorney does not offer contingency (percentage) fees regarding support enforcement.

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POTENTIAL FEE QUOTE PATERNITY -  LEGAL PARENTAGE POST DECREE - MODIFICATION HOURLY FEE RATE This office bills hourly fees only in family law cases.  Time expended determines fees.  Due to the fact I can not predict behavior of parties who were in a previous relationship and may be emotional, I do not offer flat fees or contingency (percentage) fees regarding paternity modification or support enforcement.
PAYMENT Prior to commencement of representation, the attorney will quote the amount requested as a trust deposit against which attorney's fees and costs may be billed.  The requested trust deposit will be dependent upon the facts and circumstances of your post decree case.  Because modification can cover such a wide range of issues, it is not possible to provide a blind common trust deposit request.  That could only be quoted after consultation.
Client authorization is obtained for any large cost expense.  Final expenditure may run less or client may periodically be asked for additional amounts to be deposited to trust if fees and costs will exceed previous deposits.	Client will be provided with a trust accounting and itemized billing statement when there has been activity on the account.  At the end of each case, a detailed accounting summary is provided and remaining trust proceeds are refunded.
trust deposit for anticipated fees & costs is due when retained attorney does not accept installment payments FIRST CONSULTATION ALTERNATIVES regular billings are scheduled on the 1st and 15th payment not received as agreed = representation withdrawn	MAJOR CREDIT CARDS ACCEPTED Third Party Payment Authorization charge card merchant discount
COSTS Out of pocket expenses (costs) are the responsibility of the client - refer to initial paternity costs
CAVEAT: Not all above costs will be relevant to any given case, and additional expenses not identified may be incurred in any individual case.  Costs quoted are subject to change by independent providers; actual costs paid will be billed.  limited search pricing

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POTENTIAL FEE QUOTE DOMESTIC ABUSE RESTRAINING ORDERS HOURLY FEE RATE A domestic abuse restraining orders hearing may be relevant.  The suit for PRO may have been commenced in the divorce action, or may have been commenced in a separate county court lawsuit.  Either way, preparation time will be necessitated.  Fees will be billed upon hourly fees along with PRO case costs, and a prior trust deposit will be requested.

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FIRST CONSULTATION	ACCOUNTING STRUCTURE		HOURLY FEES	COSTS
FEES & COSTS SECURITY	TRUST ACCOUNT	TRAVEL	WITHDRAWAL - TERMINATION
CLIENT DUTY TO DISCLOSE	OMISSION  NON-DISCLOSURE		ALTERNATIVES
ATTORNEY SELECTION	RETAINING GUSTAFSON		ADVICE BY LAYMEN

Cheer up. Life gets better. 
Thank you for considering my services; I appreciate your inquiry.

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ATTORNEY REPRESENTATION AND DECLINED MATTERS

FAMILY LAW DEBT COLLECTION COMMUNITY RESOURCES FIRST CONSULTATION TRAFFIC DEFENSE CRIMINAL DEFENSE SEALING CRIMINAL RECORDS ATTORNEY SELECTION DRUNK DRIVING - DUI DEFENSE PRIMARY WEBSITE INDEX RETAINING GUSTAFSON DRIVER LICENSE DEFENSE ADVICE BY LAYMEN ACCOUNTING STRUCTURE

ALTERNATIVES FIND A LAWYER if you are seeking the below please refer to above links for helpful information sole practitioner attorney does not accept these matters   a.  a pro-bono (free) lawyer b.  an attorney who may take lower fees - economic hardship c.  an attorney who may take installment payments Major Charge Cards Accepted Third Party Payment Authorization charge card merchant discount

MID-LITIGATION REPRESENTATION alternatives and find a lawyer links provided as a courtesy Attorney Policies Litigant Pro Se - Attempt to Prepare or Defend Own Family Law Case 1.  Adequate Time.  If sufficient time exists to adequately prepare your family law case or defense and if prospective client approves this attorney's fees and costs structure, attorney will likely accept representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation. 2.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline. Alternatives FIND A LAWYER 3.  Limited Assistance.  Please do not call requesting instruction, directions, legal theory, forms completion or limited document drafting, partial representation, or an explanation of applicable law to assist you in preparation or defense of your own case.  I decline. Alternatives FIND A LAWYER Attorney Policies Representation by Previous Attorney 1.  Current Attorney.  Until an order has entered withdrawing representation by an attorney, an ethical rule violation exists if counsel knowingly speaks to another attorney's client without current attorney's consent.  This ethical rule governs all attorneys.  Please do not call until after you have terminated representation by a former attorney.  After other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."  Please be aware fees and costs will be associated with procuring the court file and coming up to speed in the case. 2.  Adequate Time.  If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your family law case, and if prospective client approves this attorney's fees and costs structure, attorney will likely accept representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation. 3.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline. Alternatives FIND A LAWYER 4.  Second Opinion.  I will not arm chair quarterback another attorney's case preparation, trial tactics or theory of the case.  Please do not call for a second opinion or an opinion regarding the competence of preparation or defense in your current family law case.  I decline. Alternatives FIND A LAWYER

POST DECREE MATTERS alternatives and find a lawyer links provided as a courtesy former clients are naturally welcome to call anytime regarding any legal matter 1.  Post Decree Support, Property or Debt Enforcement.  I accept most post decree requests to enforce a prior court order with respect to child support, spousal maintenance, property or debt.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation. 2.  Post Decree Modification.  I will consider post decree modification of support, parental responsibility or parenting time or setting aside a former property or debt order, however I do consider the amount of time elapsed since last order, circumstances surrounding the modification and number of prior attorneys retained by a prospective client.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation. 3.  Appeals.  I do not accept appellate matters unless I provided representation at hearing or trial and am familiar with the facts, testimony and exhibits received into evidence and meritorious issues for appeal.  That's been my policy for years.  Please do not call or inquire regarding appellate matters if you are not a former client. Alternatives FIND A LAWYER

ATTORNEY TRADE AREA & TRAVEL OUTSIDE EL PASO COUNTY GEOGRAPHIC DISTANCE ECONOMIC CONSIDERATIONS Colorado is a big state.  Ease of internet access, email and toll free phone doesn't change that fact.  Due to frequency of court appearances, it is not economically justifiable for a client to pay travel time or expenses beyond nearby counties. Attorney has limited his trade area due to cost considerations. TRAVEL  RATES TRAVEL TIME  *  MILEAGE  *  EXPENSE Attorney is very willing to travel outside the Colorado Springs area to present or defend a case, but please be aware travel time, mileage and expense would apply.  If you are from out of state or are unfamiliar with Colorado geography, refer to the map to determine where Colorado Springs is located in relation to the county of your court case or hearing. Colorado MAP COUNTIES CITIES / TOWNS If travel is necessary, a trust deposit would be required to cover anticipated travel time, mileage & expenses.  If it is not economically justifiable to retain my services with travel, please contact counsel in the locale of your case. El Paso County Colorado Springs / Manitou Springs / Fountain Arapahoe County Littleton / Centennial / Englewood Douglas County Castle Rock Elbert County Kiowa / Simla I welcome new cases.  Intent is not to be harsh or to discard potential new business, but to be practical. Crowley County Ordway Fremont County Canon City / Florence / Penrose FIND A LAWYER ALTERNATIVES Pueblo County Pueblo Teller County Cripple Creek / Woodland Park

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PATERNITY Selected Colorado Statutes when to bring paternity action & who may bring presumption of paternity paternity testing trial to the court - not jury child support and expenses of confinement not all relevant statutes, but a basic beginning	RESEARCH FEE $45.00   statutes can be downloaded, printed & text copied cases on-line and available upon telephone request Attorney Business Hours  *  Attorney Availability
Major Charge Cards Accepted Free    Download Adobe Acrobat Reader   version 5 or later required to view .pdf research

WHERE CAN I FIND THE LAW? Self Help - Free Links to Legal Research Free Self-Help Clinics Paternity Selected Statutes Common Law Marriage Cases Colorado Courts - Forms - Divorce, Paternity, Support & Family - Index & Download Colorado Courts - Forms - Restraining Orders Domestic Abuse - Index & Download Colorado Courts - Forms - Adoption - Index & Download The above links are provided as a public service, but if you attempt "do it yourself" paternity please refer to attorney policy

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please feel free to call or email if you are a client or are seeking representation		Major Charge Cards Accepted Third Party Payment Authorization charge card merchant discount
FREE INITIAL CONSULTATION not an offer for free legal advice - refer to link for terms attorney is a sole practitioner with need to manage his caseload attorney reserves the right to decline any legal matter

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PRIMARY WEBSITE HOMEPAGE      FAMILY LAW

GUSTAFSON LAW OFFICE TOPICAL WEBSITES DUI DEFENSE - DWAI & DEAC DRUNK DRIVING DEFENSE MIP - UNDERAGE ALCOHOL TRAFFIC TICKET DEFENSE DRIVING UNDER RESTRAINT SPEEDING TICKET DEFENSE HIT AND RUN DEFENSE DRIVER LICENSE DEFENSE DOMESTIC VIOLENCE DEFENSE PROSTITUTION DEFENSE NUISANCE FORFEITURE DEFENSE CRIMINAL DEFENSE SEALING CRIMINAL RECORDS COLORADO DIVORCE DISSOLUTION OF MARRIAGE LEGAL SEPARATION SUPPORT ENFORCEMENT CHILD SUPPORT PATERNITY - LEGAL PARENTAGE STEP-PARENT ADOPTION GRANDPARENT ADOPTION RESTRAINING ORDERS FAMILY LAW DEBT COLLECTION PRIVATE INVESTIGATORS

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Topical Website Copyright © 2003 - All Rights Reserved - Document Revised January 08, 2010
no copyright claimed to images other than photograph or law office logo
Topical Website Initial Publication Date: January 27, 2004 - Republication Date: May 24, 2006

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