Blog

International Child Custody Disputes

Daniel Noffsinger - Monday, February 29, 2016

At the heart of international child custody disputes is the issue of relocation. As people are more mobile, when relationships fall apart, relocation may be necessary to accommodate a new job or family. Oftentimes, either at the time of separation or after divorce, a lawyer hears from prospective clients that a parent wants to move to another country, that a parent has already moved with the child and the other parent wants the child back, or that a parent doesn’t trust another country’s courts for the determination of custody issues. The parent that relocates without permission from the other parent or by court order may be accused of parental abduction or kidnapping and may lose parental rights or be subject to supervised visitation with his or her child.  READ MORE...

When Substance Abuse Causes Restrictions on Parenting Time

Daniel Noffsinger - Tuesday, October 27, 2015

Drug use affects families with children unlike any other group. If a parent is abusing alcohol or drugs it raises concern over whether that parent can adequately look after and care for a child. The issue is relevant in divorce cases, dependency and neglect matters, and cases involving the allocation of parental responsibilities. Drugs and alcohol have the ability to alter the mental state of the user. Parents are inconsistent with their ability to parent and are often more susceptible to abusing or neglecting their children.  READ MORE...

Privacy Rights in the Digital Age: Criminal Searches of Cell Phones

Daniel Noffsinger - Tuesday, September 08, 2015

The fourth amendment of the U.S. Constitution protects us from unreasonable searches and seizures by the government. This protection extends to our cell phones. In late June 2015 the U.S. Supreme Court in Riley v. California, unanimously ruled that the police need a warrant to search the cell phones of people they arrest. Here in Colorado, we also look to People v. Taylor, a 2012 Court of Appeals case, which permits the search of cell phone records by the police of people they arrest at the time of or “incident to the arrest,” to complete the analysis of permissible criminal searches of cell phones.  READ MORE...

Defenses to Crimes in Colorado

Daniel Noffsinger - Sunday, August 02, 2015

In order to be convicted of a crime in Colorado the state prosecutor must establish your guilt beyond a reasonable doubt. This phrase means that based upon the evidence presented, there is no other logical conclusion that may be derived other than that the accused person committed the crime. This reasonable doubt bar is set so high in order to overcome the presumption of innocence we all enjoy in this country pursuant to the rights set forth in the Constitution.  READ MORE...

Are Garnished Spousal Maintenace Payments Collected Pursuant to a Judgment Tax Deductible?

Daniel Noffsinger - Sunday, July 26, 2015

When a couple divorces or separates, one partner will often have to pay the other partner alimony or spousal support payments. Under the Internal Revenue Code, these spousal maintenance payments are tax deductible if certain conditions are met. What if one partner obtains a court- ordered judgment to collect upon missed payments? Are payments made pursuant to a judgment still tax deductible? One Colorado ex-husband argued that they were, but the United States Tax Court held differently.  READ MORE...

New York Court Allows Woman To Serve Divorce Papers Through Facebook

Daniel Noffsinger - Sunday, July 12, 2015

Under the United States Constitution and state constitutions, individuals have a fundamental due process right to have notice of legal proceedings filed against them. This is known as service of process. Typically, service of process involves the delivery of a summons and complaint on the individual defendant. This is often done by personally serving someone with legal papers through a third party.  READ MORE...

Proposed Colorado Bill Would Give Equal Parenting Time For Divorced Couples

Daniel Noffsinger - Thursday, June 25, 2015

A bill has recently been introduced in the Colorado General Assembly that would significantly impact the parental rights of individuals going through a divorce. The bill, if passed, would place divorced parents on equal grounds with respect to determining parental rights in children. The purpose of the bill is to emphasize the fundamental liberty interest of both parents and children in maintaining the parent-child relationship.  READ MORE...

Bill To Establish "Parents’ Bill of Rights" Introduced In Colorado Legislature

Daniel Noffsinger - Thursday, June 25, 2015

Republicans Sen. Tim Neville, R-Littleton, and Rep. Patrick Neville, R-Castle Rock recently introduced legislation in Colorado’s General Assembly to expand and outline parents' rights as they relate to providing for their children’s education and healthcare. Under Senate Bill 77, a parents’ “bill of rights” would be established to set forth specific parental rights related to education, healthcare, and mental health care of minor children. In particular, under the bill of rights:  READ MORE...

When Is An Unmarried Man Presumed to Be A Child’s Father?

Daniel Noffsinger - Thursday, May 07, 2015

Each year children across the United States are born to unmarried women. According to data from the U.S. Department of Health and Human Services, the birth rate for unmarried women in 2011 was 46 births per 1,000 unmarried women. This resulted in a little more than 1.6 million children born to women outside of marriage. When a child is born to a married couple, the legal rights with respect to the child are well defined. The situation, however, is not as clear when a child is born to unmarried parents.  READ MORE...

Colorado’s Divorce Rate Is At It's Lowest in a Decade

Daniel Noffsinger - Tuesday, April 07, 2015

Colorado is for lovers. Well, at least it has been for the past decade. A recent look at Colorado’s divorce rate of the last 10 years shows that the rate has dropped significantly over that time. Colorado Public Radio looked at divorce trends over the past years and found Colorado’s divorce rate in 2013 was at itslowest in a decade READ MORE...