Because the couple involved in the custody battle is lesbian, the woman had difficulty fighting for child custody, as Colorado law affords few rights to same-sex parents.
]]> When the women adopted two biological sisters in 2006, Colorado law did not allow children to have two same-sex parents. The couple worked around the law by each adopting and becoming the legal parent of one child.The couple separated in 2009, prompting the woman to hire an attorney. In response, her former partner fled the country and took her legal child to Norway. The woman claimed she had no advance warning of the relocation and feared that she would never see her daughter again.
Working with her attorney, the woman was able to convince a judge that a woman should be allowed to seek paternity of a child. She cited a recently passed Colorado law that allows a non-biological parent to file a paternity suit. The judge agreed to the request, after which the woman successfully filed for paternity of the girl.
The woman called the decision a "huge milestone" for both same-sex and non-biological parents. Her attorney said the case has especially important implications for the rights of children in custody cases. "It means that we're taking the first steps in realizing that children have rights to be with their parents. We give a lot of lip service to the best interest of the child, but children don't really have a legal standing in our court system," explained the attorney.
After the woman was awarded paternity, she and her former partner agreed to share custody of both girls. They are in the process of determining acceptable parenting arrangements.
Source: ABC News, "Colorado Lesbian Wendy Alfredson Mom Granted Paternity in Custody Battle," Colleen Curry, May 4, 2012
]]>The custody battle began when the child's birth mother agreed to allow her brother to adopt the girl.
]]> In many states, an unmarried parent must sign up with a state registry in order to gain parental rights. Although the father did sign up for such a registry, the child's mother took their daughter to another state for adoption. The father argues that courts in that state should have never approved the adoption, as he had signed Colorado's parental registry "long before" the child was taken out-of-state.Early in 2012, the Supreme Court in the adoptive parents' home state overturned the adoption, meaning that the case would return to Colorado. "The ruling was a major victory, in that had the high court there upheld the ruling, the case would have made its way to the U.S. Supreme Court where the covers would have been pulled off the adoption scams being run against un-wed fathers," said the Colorado man.
A Colorado judge announced that while a trial would still be needed to determine who should be awarded custody of the child, both biological parents were awarded visitation rights allowing them to see their daughter "to see how well she is handling visits from both parents." The judge also said he plans to protect the rights of the child's adoptive parents "even though those rights were not given legally."
The father called the implications of the case "huge," adding that a ruling in his favor could change the way fathers' rights laws work in Colorado and other states.
Source: KDVR, "Unmarried father wins visitation rights in custody battle," Jon Bowman, April 27, 2012
]]>The man, who is from Las Cruces, New Mexico, allegedly forged his wife's signature on a quitclaim deed in order for him to sell her house against her will and knowledge.
]]> The couple had been married for six years before divorcing in 2000. In the divorce agreement, the woman was given ownership of the home. The man was living there and paying rent because his ex-wife was consistently out of state training to be a member of the United States Border Patrol.Even though the man contended in court that the signature on the deed was authentic, authorities claim that the man forged his wife's signature. They also said that he enlisted of the help of his cousin, a Colorado resident, to notarize the document.
The document was notarized on Jan. 19, 2009, and the woman was quick to point out that she was on the other side of the country in West Virginia when it took place.
Not until early in 2011 did the woman learn that her house -- located in the 1400 block of Boston Drive -- was on the market. After fruitlessly trying to get a hold of the realtor who was selling the house, she found out that it had already been sold during December of 2010. The man sold it for $80,000. The man used that money to pay off a mortgage loan tied to the property and kept the rest for himself. In total, he netted about $45,000.
The man was arrested and charged with two counts of forgery and a count of perjury after he previously testified in court that his wife's signature was authentic. He was held in the Dona Ana County Detention Center on $40,000 bond.
Source: Las Cruces Sun-News, "Las Cruces man suspected of forging ex-wife's signature to sell her house," Brian Fraga, April 16, 2012
]]>Upon hearing news of the order, the man began crying. He explained, "It's just a step closer to getting to see my girl I've been fighting for so long and I just can't wait to hold her and bring her home where she belongs, with her family."
]]> Until the child custody case concludes, the girl's prospective adoptive parents will maintain child custody. The adoptive parents, who are related to the girl's biological mother, have requested that the man's parental rights be suspended. The mother asked that her own parental rights be terminated in Colorado, but only after the father's rights are terminated as well. She already forfeited her parental rights as part of the adoption proceedings, but they remain intact in Colorado.Although a long legal battle is likely still in store for the father, he remains confident regarding his chance of success. "I believe Colorado will do what's right and make a determination of the best interest of my daughter. No other father should have to go through this and, more importantly, no child should have to go through this," said the father. He went on to explain that a number of fathers in similar situations to his own have contacted him for support. He reportedly told these fathers to "be very patient and don't give up hope and keep fighting and do it in a peaceful manner."
Source: Salt Lake Tribune, "Colorado father's custody fight moves back to his home state," Brooke Adams, March 21, 2012
]]>Anne Weinstein also requested an order of protection, with court records indicating that she feared the threat of "bodily harm" from Robert. In Colorado, separating couples may cite verbal, emotional or physical as grounds for their divorce.
]]> An "interventionist" issued a statement on behalf of Robert Weinstein in which he denied Anne's claims of cruelty. Instead, he claimed that Anne reacted negatively to her family's attempts to convince her to confront an alleged drinking problem. The interventionist, who claims he has organized interventions for addiction and alcoholism for 27 years, claims several members of Anne Weinstein's family and some health professionals tried to convince her to seek help for alcohol addiction. "I can categorically state that there was no abuse. Any claim of abuse is irresponsible and frivolous," stated the interventionist.Attorneys for Anne Weinstein denied the man's claims. They added that Anne Weinstein is now "safe with her children."
Anne and Robert Weinstein were married in 2000 and had two children together. Weinstein, who has two children from a previous marriage that ended in divorce, rose to fame as a co-founder of Miramax Films along with his brother, Bob. The brothers broke away from Miramax to start their own production company in 2005, having since experienced success on several films. Sources say Robert Weinstein has developed a reputation for being quiet, as well as producing a number of commercial successful action and horror movies.
Neither Robert nor Anne Weinstein has issued comments regarding news of the divorce.
Source: New York Daily News, "Film producer Robert Weinstein's wife files for divorce, seeks order of protection," Barbara Ross, April 6, 2012
]]>Earlier this year, the Colorado Supreme Court heard a case involving child custody between a former serviceman and his ex-wife, an enlisted member of the U.S. Army Nurse Corp.
]]> The couple shared a son, born in 1999. They divorced in 2006. Custody for the son was determined in Maryland, the state of legal residence for the wife. Both parties agreed to joint legal custody, with the mother designated as the boy's primary caregiver. However, after a deployment to Iraq in 2010, the woman's custody was challenged by her former husband.The boy's father was transferred to Fort Carson in Colorado Springs in 2008. He retired from the Army in 2010 and remained in Colorado. Prior to the mother's deployment to Iraq, both parents agreed that the boy would stay with his father. When the mother returned six months later, she agreed to let her son finish out the school year.
The trouble occurred when the boy's father petitioned the Arapahoe County District Court to assume jurisdiction over the boy's custody because his ex-wife hadn't lived in Maryland for over a year. He then submitted a modification of custody to the court. However, he failed to mention to the court that the reason she wasn't in Maryland was because she was on a "mandatory military assignment."
Fortunately for this military mom, the courts were able to see the true situation at hand and reversed their initial decision granting custody to the father.
Source: Fathers and Families, "Victory! F & F Helps Win Child Custody Case in CO Supreme Court," Glenn Sacks, Jan. 24, 2012
]]>Experts say that staying involved in a child's education can be harder for fathers, as mothers more frequently volunteer at school, pick up and drop off children and speak to teachers on a regular basis. Schools typically contact just one parent when scheduling parent-teacher conferences or discussing the child's academic performance or behavior. Because fathers are less likely to be involved in such affairs, those that are more involved are especially noticeable.
]]> Experts recommend that parents be proactive in their involvement by supplying teachers with their contact numbers and requesting to be called when volunteers are needed for a school function, as this is likely to leave your child's teachers with a positive image of you as a parent.For non-custodial parents, it is especially important to invest time and energy in promoting your child's learning. It is hard for many parents to help their children with their homework instead of playing together, but it can prove to a judge that you have your child's best interests in mind. In one custody case, a judge awarded custody partially based on a child's homework book in which parents signed their names after helping their children with an assignment. While the child's mother had signed for three of the dozens of assignments, the father signed for the rest and was successful in custody court.
Source: Huffington Post, "Want Custody Of Your Kids? Get Involved With Their School!," Joseph E. Cordell, March 8, 2012
]]>The Colorado man claims that his daughter's mother kidnapped the child and fled to another state without his knowledge. The man says that while he submitted all the necessary paperwork required to claim paternity of the child in Colorado, these documents did not apply outside of the state.
]]> The father tried to file for paternity of the child in the new state, but did not do so in 20 days, causing him to lose his parental rights. Lower courts upheld the child's adoption, but the state's Supreme Court overruled that decision, sending the case back to a district court. One attorney said the implications of the case could be important for fathers' rights. "I believe the ruling can help fathers in similar cases and change the law. Now, an unwed father cannot claim fraud as a defense to protect his rights," he explained.The attorney said that while some critics try to downplay the importance of the case, it has the potential to be "groundbreaking" for fathers whose children are taken out-of-state, incidents which he refers to as "state sponsored fraud and state sponsored kidnapping."
In response to the dispute, lawmakers in the state have introduced a new bill which they hope will treat unwed fathers more fairly. The new legislation would encourage mothers to be honest in reporting the birth of a child to those children's fathers. While critics of the bill claim it could threaten the rights of mothers, others say it only serves to balance the situation and provide fathers with rights they have previously been missing.
Source: KDVR.com, "Bill to help birth father's rights," Jon Bowman, March 3, 2012
]]>Many non-custodial parents currently rely on paper checks for income, protecting a portion of their benefits from being taken by the state government in order to pay back payments. This means that many parents facing child support orders stretching back many years may be finally required to settle their debts. Considering the interest and fees that can accrue on an old order, this could cause problems for some individuals, especially those who stopped paying due to imprisonment or a disability.
]]> In May of 2011, the Treasury Department implemented a rule that gives it the ability to freeze a non-custodial parents disability, veterans' and Social Security benefits if they have not paid owed child support. One attorney said, "It's going to be a nightmare in about a year unless something changes."According to an independent analyses, most of the money collected using the new system is set to go to state governments, rather than the children on non-paying parents.
Due to age of some of the orders, the rolls have reversed and the now grown children are financially supporting their parents -- making the positive intent of the goal counter-effective in practice. Unfortunately, according to some, the money now slated to be redirected is mostly interest on the total support owed and isn't an accurate reflection of the arrears. Instead of being sent to waiting custodial parents, the money is being used to reimburse the state welfare system.
For disability benefit recipients the policy change backs them into a no-win situation. If the parent can't work and is already in arrears for child support, the amount owed continues to compound -- leaving some parents facing inevitable jail time.
Source: Google Hosted News (AP), "Rule could leave child-support debtors no income," Daniel Wagner, Feb. 27, 2012
]]>Same-sex couples and supporters throughout the nation have been eagerly waiting for many states, including Colorado, to pass legislation to allow civil unions or gay marriages. With this expansion of more states, it will not only permit same-sex couple to get married, but also streamline the divorce process for them as well.
]]> As it stands, same-sex couples who have been legally married in states are finding that those states are the generally the only ones who allow them to divorce. Other states do not readily permit same-sex divorce because by doing so means they are acknowledging the marriage as a legal union.Colorado couples have been urging their representatives to pass legislation that will grant same-sex couples "the same legal protections" as heterosexual married partners. Such laws would allow all couples, regardless of gender, the right to be involved in their spouse's end-of-life and other medical decisions, including the ease of access to medical insurance coverage.
However, this new legislation isn't without its potential pitfalls. As recent as 2006, Colorado voters, voted against gay marriage stating that permitting it "undermines traditional marriage." Yet, the proposed bill does state that civil unions are not marriage, but still clarifies the legal rights gay individuals would have. Other states such as Hawaii and Delaware also passed their own civil union laws this month.
Source: The Atlanta Journal-Constitution, "Colorado civil union bill advances toward showdown," Ivan Moreno, Feb. 15, 2012
]]>Regardless of your relationship with your ex-spouse, you should not let any disputes between you get in the way of your child's development and emotional health. Parenting experts say it is important to allow a child to have a positive relationship with both parents, which can be difficult after a particularly painful divorce. It may be difficult to avoid speaking poorly of your child's other parent, but doing so may negatively impact the child's perception of that parent.
]]> Children who maintain positive relationships with both parents are generally happier and are less likely to encounter difficulties in their development. As one parenting adviser explained, "One of the best gifts you can give your child is love. Let them be loved by you and the other parent."While speaking to your ex-spouse may cause emotions to flare, open communication is crucial to coordinating parenting strategies and ensuring that your child receives the support he or she needs. It may be helpful to have regular co-parenting meets with your child's other parent, using this time to discuss important issues in your child's life. It is recommended that you keep these meetings short and cordial. If you are unable to speak about your child without fighting, consider employing a mediator to help you make sure you can still meet your child's needs.
Trying to coordinate parenting with your ex-spouse can help make the divorce process, and life after divorce, much easier. In some cases, conflicts are irresolute. When couples reach a standstill in their divorce, it may be worthwhile to contact an experienced legal professional.
Source: Midland Daily News, "Nagley: Parenting together after divorce," Ann Nagley, Jan. 30, 2012
]]>According to data from the Colorado Judicial Branch, about 72 percent of divorcing Colorado couples filed separation agreements in 2011, an increase from 60 percent in 2007. In many of these cases, these separation agreements led to final settlements. The total number of divorces rose between 2007 and 2010, decreasing again in 2011.
]]> One divorce financial analyst based in Colorado explained that many couples choose to divorce in order to deal with a poor financial situation, making mediation a particularly effective option for them. Mediation helps couples come to terms with their finances and work with each other to come to an agreement on how their assets will be divided. While their final agreement still must be signed by a judge, this is generally a quick and easy step if mediation has taken place."The trends in divorce are that more individuals are seeking to craft their own settlement agreements through mediation and collaborative divorce," said the president of the International Association of Divorce Financial Planners. Even if a couple has little to divide in the way of assets, she explained that mediation can still help couples avoid getting stuck on emotional and sentimental issues.
Source: The Huffington Post, "Mediation in divorce on the rise," David Migoya, Jan. 23, 2012
]]>A recent report from the United States Department of Defense shows divorce issues are increasingly affecting more enlisted troops from Colorado and across the U.S. The year 2011 saw more military divorces than 2010 and conformed to an upward trend first established in 2001. When the U.S. military first entered Afghanistan, the rate of divorce among members of the military was 2.6 percent, but that figure has since risen to 3.7 percent.
]]> A researcher with RAND Corp. explained that while the yearly increases in military divorce are small, they demonstrate the affect armed conflict has on the marriages of service members. He said that the gradual increase in divorce is consistent with "what we would expect." Additionally, he stated that very little has changed, the drawdown has affected people a little bit, but there's still plenty of people deployed.Although overall armed forces divorces increased by only 0.1 percent between 2010 and 2011, different branches saw higher rates, especially among enlisted women. For instance, females in the Navy saw a 0.4 percent increase in divorces in the past year. However, other groups, like female Marines, saw 0.4 percent fewer divorces. However, experts say that the relatively small number of women in these branches can cause statistics to be skewed. The researcher with RAND explained, "The overall trends and the larger numbers are what we have to attention to."
Officials with the Army say the trend demonstrates a need for more focus on supporting the marriages of enlisted men and women. The Army currently operates a program called Strong Bonds, which last year spent more than $100 million on marriage supporting, funding over 4,000 events at numerous military bases. A representative for the Army Chief of Chaplains Office said that commanders have begun to request more Strong Bonds events at their bases in recent years.
Source: Military.com, "Military Divorce Rates Continue Steady Climb," Amy Bushatz, Dec. 14, 2011
]]>He initially planned to introduce the bill to address what he sees as a crucial problem in the way divorces function. He was quoted in a Colorado newspaper as saying, "We have made it just too easy to bail out of a marriage." Soon after the remark, citizens, legislators and attorneys across the country questioned the supposed need for the bill.
]]> If passed, the measure would have required parents to undergo six hours of classes on how their divorce might affect their children. Unless sexual abuse or other similar issues are a factor, couples with underage children would also be required to wait for approximately eight months before proceeding with the divorce.After receiving a large amount of feedback, the senator retracted the proposal. He issued a letter in which he wrote, "I fully acknowledge that those who do not consider the concepts in this bill to be within the legitimate scope of government can provide an effective argument." However, he explained that he would continue to search for to solve what he called the "significant problems associated with divorce."
Source: CBS Denver, "Lawmaker Pulls Bill To Delay Divorce," Jan. 6, 2012
Source: FOX 21, "'Cooling off' period proposed for divorces," Kelly Werthmann, Jan. 4, 2012
]]>A high-ranking official with the Air Force explained that divorce issues for enlistees can be caused by a number of factors, but attributed many to the stress of two wars and multiple deployments. He writes, "Deployments do take a toll on families. What we do is not easy, and separation can be difficult." He added that the return home from deployment can also be difficult for many Air Force enlistees.
]]> The Air Force divorce rate is now nearly 64 percent higher than it was a decade ago, having risen steadily since the U.S. entered Afghanistan. At the time, Air Force divorce rate sat at about 2.5 percent. In each year since, with the exception of 2005 and 2008, the rate climbed until reaching 3.9 percent in 2011.One military chaplain explained that Air Force service frequently causes an enlistee's life to undergo dramatic changes. "These couples knew each other pretty well before they got married, but the Air Force is a very active organization," he said. The chaplain added that enlistees that attempt to remain in a dual-military marriage often face additional challenges, as their differing deployment timetables often make it difficult for them to see each other. The Air Force has 15,647 married couples with both spouses actively serving.
Source: Air Force Times, "Air Force divorce rate highest in military," David Larter and Michelle Tan, Dec. 31, 2011
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