Blog

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...

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...

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 Divorce Law 101: Understanding the Basics of Marital Property

Daniel Noffsinger - Tuesday, April 07, 2015

Marriage is a joyous event that involves the union of a couple and the joining of families. Married couples (at least most couples) do not enter into a marriage with the expectation that the marriage will end in divorce or dissolution. Unfortunately, the stark reality exists that a significant number of marriages end prematurely through divorce or dissolution. According to data from the United States census, the rate of divorce in 2009 throughout the United States was3.4 divorces per 1,000 people. The rate of divorce in Colorado during the same period was slightly higher at 4.2 divorces per 1,000 people.  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...

Colorado Receives Favorable Marks for Efforts In Reducing Drunk Driving Accidents

Daniel Noffsinger - Wednesday, February 18, 2015

Mothers Against Drunk Driving has rated Colorado as one of the best states in the United States for reducing drunk driving fatalities. According to a recent report released by MADD, Colorado has received a five-star rating from MADD based on a system that looks at five different areas of countermeasures that can be taken to prevent drunk driving fatalities. The report is part of MADD’s Campaign To Eliminate Drunk Driving, which began in 2007 and involves MADD working with lawmakers and enforcement officials to create stronger drunk driving laws.  READ MORE...

Colorado Tests Softer Approach To Help Parents Pay Child Support

Daniel Noffsinger - Thursday, January 15, 2015

According to a recent article, about one-third of Colorado parents with monthly child support obligations do not make the required payments. This equates to about 32,000 parents per month who are for one reason or another not making the required child support payments to about 39,000 children. About 8,400 Colorado families who need child support payments are required to go onto welfare rolls, known as Temporary Assistance to Needy Families. This welfare program is typically reserved for the individuals who need it the most, namely single-parent families.  READ MORE...