Blog

Regaining Custody After Disavowing Children

Daniel Noffsinger - Monday, May 29, 2017

Once parental responsibilities are established, a change generally only occurs if there is a material change in circumstance with the children or the custodial parent or with the parents’ consent, and the proposed change is in the best interest of the children. Sometimes, a parent may disavow his or her children, disappear from their lives for a period of time, and then try to reestablish contact to become a parent once more at a later date. Many courts do not like this behavior because of the emotional impact and lasting effect the abandonment has on the children.  READ MORE...

Recent Developments with Juveniles in Criminal Law Proceedings

Daniel Noffsinger - Wednesday, September 21, 2016

Under Colorado law, a person under the age of 18 is considered a juvenile when charged with a crime. The juvenile criminal defendant appears in juvenile court. Colorado’s Juvenile Court has jurisdiction over juveniles over the age of 10 up to 17 years of age. At 12, a Colorado juvenile is eligible to be tried and sentenced as an adult if the child is accused of committing a class 1 or 2 felony or crime of violence. The proceeding is then transferred, or if the criminal defendant is 16, direct filed with the District Court. In the last year there have been a number of developments with respect to juveniles in criminal law proceedings. The following post will review the most significant of the developments.  READ MORE...

Divorced Parents and Children’s Medical Treatment

Daniel Noffsinger - Wednesday, May 11, 2016

One of the most difficult decisions a parent is faced with is determining the medical care and treatment of a sick child. The decision is even more difficult when parents are not in agreement with the appropriate care or treatment of the sick child. There is generally no dispute when a child needs emergency medical care and treatment. Any parent, whether custodial or non- custodial, with or without sole custody or with joint custody, can make emergency medical care and treatment decisions for the child and the other parent has little to no role in making that decision because of the emergency nature of the incident.  READ MORE...

Interplay Between Religion and Divorce

Daniel Noffsinger - Wednesday, May 04, 2016

Before Carrie Bradshaw there was Helen Rowland. Rowland, a journalist at the top of the twentieth century, wrote a column in the New York World captioned Reflections of a Bachelor Girl. Rowland’s observations on the relief or lack of it in divorce are quite poignant. She writes, “When two people decide to get a divorce, it isn’t a sign that ‘they don’t understand’ one another, but a sign that they have, at last begun to.” She adds, “Nowadays love is a matter of chance, matrimony a matter of money, and divorce a matter of course.”  READ MORE...

Police Questioning of Minors and Adolescents

Daniel Noffsinger - Monday, May 02, 2016

I am often asked by friends and family about police questioning minors or adolescents. As more crimes committed by younger people are being exposed by the media and Hollywood, I find that there is a great deal of confusion regarding the role of the police and parents in the investigation and interrogation of criminal activity. While highly entertaining, the Internet, Wikipedia, Facebook and television crime shows do not adequately present the constitutional rights of minors or adolescents. So, a review of the law and its protections is necessary. As with all Internet postings, nothing in this blog should be construed as legal advice. Every situation is unique. Contact an experienced criminal attorney to discuss the specifics of your child or adolescent’s case.  READ MORE...

Understanding Protective Orders in Domestic Violence Situations

Daniel Noffsinger - Monday, February 29, 2016

One of the most challenging aspects of living with domestic violence is understanding your legal options particularly when you are married to your abuser or share children with your abuser. If you are a victim or survivor of domestic violence it is likely that you have never reported the domestic violence incidents you have experienced to anyone. When you do report domestic violence incidents, one of the tools provided to you by the legal system is a protective order. The harsh reality is that no one can protect you or your children from harm if your partner or ex- partner tries to hurt you. You must have a safety plan to protect yourself and your children. One of the components of your safety plan needs to be a protective order.  READ MORE...

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...

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...

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 Legislature Considering Changes to Child Support Law

Daniel Noffsinger - Tuesday, April 07, 2015

Legislation has recently been introduced in the Colorado General Assembly that could bring important changes to child support law for Colorado’s poorest families. Under the current law, if a recipient is receiving assistance under the Colorado Works Program then the recipient must assign to the department of human services one’s right to receive child support. The purpose of this requirement is to reimburse the state for assistance that is paid to the recipient.  READ MORE...