“What’s important to understand is that Colorado courts care about the best interests of the child, not necessarily the parent,” said Thode, who has spent more than a decade helping hundreds of clients with their family law and other matters. “Parenting rights are not awarded on a winner-takes-all approach.”

A recent book, Building a Parenting Agreement That Works, encourages parents to openly discuss what they would like to see for the division of parenting time and important decisions for the child. Divorce attorneys can assist with mediation and negotiations to allow parents to put the child first and maintain a fair child-parent relationship.

“When parents take parenting issues to court rather than resolving them on their own, they are shortchanging themselves,” says the book’s author Mimi Lyster Zemmelman. “Once these issues go to court, parents are forced to rely on a judge or court-appointed evaluator to understand the family’s situation and make good decisions – often after only meeting with the family for a few minutes or hours. It is very difficult for a judge to make the right decisions under these conditions.”

Parents who can sit down to discuss the big issues for their child should include decisions on health and dental care, mental health care, education, religion, and other major decisions. Colorado divorce law requires evaluation of how each parent has contributed to the child financially and time-wise. The parenting agreement will list the schedule for the child during the normal routine, holidays, summer vacations, and any particular family needs.

“The legal system wants each child to have a positive and nurturing relationship with their parent,” said Thode, who practices law at Denver’s premier family law firm, Thode Law P.C. “Parenting time also affects child support because child-support formulas take into account the number of overnights the child has with each parent.”

The Thode Law Firm P.C. helps parents achieve fair and appropriate parenting agreements. However, if settlement efforts fail, the Thode Law Firm has significant experience in contested proceedings.

For more information:
www.thodelaw.com
303-330-0425
201 Steele Street, Suite 201
Denver, CO 80206

In these dire circumstances, immediate legal action is needed to protect the child’s interests. Child abduction “violates the legal rights of the child’s custodial parent or guardian,” says Ernie Allen, the NCMEC president. The abductor oftentimes moves the child to a different city or country. He or she sometimes tries to evade authorities by changing the child’s name, removing the child from school, or forcing the child to lie about their situation.

A family law attorney can help the other parent obtain an emergency order requiring the abductor to return the child or face imprisonment.  Since the location of the abductor and child is usually not known, the order makes it possible to then publish notice of a lawsuit against the suspect. This is also vital to prevent the abductor from getting a custody determination in another jurisdiction or country, and enforce the plaintiff’s custody order. Then, the individual can charge the abductor with damages resulting from the abduction. Depending on the severity of the abduction and aftermath, civil and criminal charges may apply.

After the child is found, there are steps to take to prevent a repeat abduction. Family law attorneys can modify and limit visitation rights and add prevention provisions, such as unauthorized school pick up, to a custody agreement to lessen the risk. It is highly recommended to give official copies of any modified custody order to the child’s teachers, daycare providers, and babysitters.

Thode Law Firm P.C. specializes in family law litigation and has more than a decade of experience in family law and litigation matters. They are well-versed in the Uniform Child Custody Jurisdiction Act, Uniform Child Custody Jurisdiction and Enforcement Act, Parental Kidnapping Prevention Act, as well as federal and state criminal-custodial interference laws, and child abduction lawsuits.

For more information:

www.thodelaw.com

303-330-0425

201 Steele Street, Suite 201

Denver, CO 80206

Spouses who spite their other half oftentimes resort to conniving, damaging acts of retribution during tax time when they know the marriage is headed downhill.

Each person must be mindful of assets and debts as they proceed to a divorce. Hiding or selling assets without permission can make proceedings ugly. And sometimes a spouse transfers assets to themselves without the other person knowing.

“Divorces are stressful enough that when an individual tries to turn up the pain it can come back to haunt them,” said Colorado divorce attorney Bill Thode. “Add expenses of trying to find hidden assets or the paper trail only complicates things.”

If copies of the tax returns are available or a spouse can speak to the tax preparer to get them, it is the logical place to see what assets a spouse could be hiding. Schedule B shows any mutual funds, sources of dividends and interests at banks exceeding $1,500. Anything less than that amount would be on the first page for the 1040 tax return. Schedule B also lists accounts in foreign countries.

Schedule D shows capital gains and losses from stock and other asset sales. If a spouse is wondering what funds were used to purchase these investments and where the proceeds went to, this is where to begin the hunt. Schedule E shows income or loss from rental real estate, estates and trusts, partnerships and S corporations, and will include location addresses should it be worthy of scouting out.

The Denver based Thode Law Firm has top-tier representation to help clients with contested divorces and the division of assets. They partner with each client to create a strategy that encompasses their unique needs and concerns. For more than a decade they have excelled in divorce trial cases involving asset and property division, enforcement of maintenance, and child custody matters.

To contact Bill Thode, a Denver divorce lawyer, Denver child custody attorney, or family lawyer, visit http://www.thodelaw.com or call (303) 330-0425.

Kids need structure and stability to know that their safety and daily routines will be cared for. Kids benefit to be told that even though mom and dad live separately, there will always be one of their parents to help with school, activities and any concerns. Set aside some time to let your children know that if they are sad, angry, or frustrated, they can come to you for help.
It can be very difficult after a divorce to be civil with your ex. But setting a positive example in front of the kids will go a long way to keeping the kids in a good mindset.

“At first, the parents can be overly hostile or overly friendly to each other,” said author Judy Osborne in Wisdom for Separated Parents. “Neither position holds for the long run. But as parents meet for teacher conferences, school plays, and baseball games, a benign energy can grow to replace the old anger, hurt and sadness. This new, less edgy, and, perhaps, more positive tone can be powerfully healing for adults and their children.”

In Colorado, it’s important to take certain steps to ensure the child-parent relationship is preserved. If one spouse leaves the marital home before the divorce is finalized, they will still want to be active in the kids’ lives so that their actions are not deemed abandonment. The parent who leaves should still do their part to financially support the kids and set parenting time to be actively involved in the kids’ lives.

When it comes time for the Colorado courts to approve parenting time and child support, a good history of assisting the kids will help each parent get a fair and equitable division of parental rights and responsibilities. Otherwise, even though Colorado is a no-fault divorce state, the failure to carry out parental duties can be devastating in the divorce proceedings.

Denver divorce attorney Bill Thode is experienced in helping individuals and families with all their divorce needs, including what to tell the kids during this tough time. Beyond divorce matters, Thode Law Firm, P.C. counsels on child custody and support, parenting time, spousal alimony, and property division. He also has contacts to family therapists should that be needed.

For more information:
www.thodelaw.com
303-330-0425
201 Steele Street, Suite 201
Denver, CO 80206

The recession is a big factor, but so is the ability to find parents who are trying to hide from child support payments or who are unemployed.

The National Electronic Child Support Resource System was developed to help parents enforce and collect child support. It can assist in finding a delinquent parent and the amount of back child support owed. Even if a parent moves out of state and is found, they could have lots of consequences for failing to pay including: bank account seized, income garnished, driver’s license and other professional licenses suspended, IRS and state taxes relinquished, dings on a credit report, and jail time. And if a parent is unemployed, child support should still be automatically deducted from unemployment benefits.

But the best remedy of all can be to get experienced legal counsel to help with the stressful situation. A Colorado child support attorney can fight for a client and child’s rights.

“When you are dealing with a child support offender you must aggressively prepare for trial,” said Colorado child support attorney Bill Thode. “A parent must be proactive and our firm will effectively make your case and the child’s wellbeing known in court.”

And if a case shows child support back payments equal $5,000 or more and have not been paid for 12 consecutive months, all state civil remedies have been exhausted, and the noncustodial parent had the ability to pay but failed to do so, the offender could be tried under the Federal Child Support Recovery Act of 1992 and the Deadbeat Parent’s Punishment Act of 1998.

Bill Thode is the lead Colorado child support attorney at the Thode Law Firm based in Denver. He is licensed to appear before all Colorado state and federal courts, the U.S. Court of Federal Claims, the U.S. Court of Appeals for the Ninth, Tenth and D.C. Circuits, as well as the United States Supreme Court. Since 1997 he has counseled hundreds of parents and is renowned for his trial expertise and tenacity.

To contact Bill Thode, a Denver divorce lawyer, Denver child custody attorney, or family lawyer, visit http://www.thodelaw.com or call (303) 330-0425.

The beauty of a prenup is that it puts the terms of the marriage in the hands of the two individuals, not the court system or the state. It is a couples’ unique moment to know what each expects of the other in advance so they have a clear understanding of what will happen with debts, assets and property.

For many partners who are remarrying or getting married at an older age, it is important to know that you do not have to take on debts, child support, or any other financial obligations the other partner has. This can be vital should a divorce occur in the future, as you could be held liable for these debts unless they are clearly defined in the prenup.

Also, if one individual owns a family business, the prenup will spell out who gets control of it should death or divorce occur. Some people will want to create a buy-sell agreement so that other blood relatives would have the ability to buy out the divorcing spouse and any of their heirs.

In the new book “Spousonomics: Using Economics to Master Love, Marriage, and Dirty Dishes”, the authors show how common economic theories can “minimize conflict and maximize returns on life’s biggest investment – your marriage.” A prenup brings financial conversations out in the open early on and will actually solidify what each expects of the marriage and their plan for success.

The authors of the book also write about the pitfalls of being overconfident. “Overconfidence is what causes CEOs of major corporations – think Merrill Lynch and Lehman Brothers – to blow up their firms,” the two authors say. “They didn’t plan for the worst because they thought they were too smart to drive their banks into the ground. Similarly, overconfidence drives couples to assume they will be together forever and then fail to take into account how much strain certain events might put on their relationship.”

So while a couple might not think they need a prenup, the bottom line is that it can save couples pain, money, and perhaps even the understanding of their new future together. Prenups should involve legal counsel, and each partner should have a separate prenuptial attorney to give each person peace of mind that their interests and rights are upheld. In Colorado, hiring an attorney will ensure that the prenup includes important state statutes and will be valid in court.

The Thode Law Firm, P.C. has represented hundreds of clients in the Denver metropolitan area since 1997. As the lead Colorado prenuptial attorney, Bill Thode counsels fiancés on their wishes and unique circumstances to create a thorough, enforceable prenuptial agreement. He also is experienced in postnuptial agreements and family law matters.

To contact Bill Thode, a Denver divorce lawyer, Denver child custody attorney, or family lawyer, visit http://www.thodelaw.com or call (303) 330-0425.

The new rule not only increases the amount of time that a trial court retains jurisdiction over domestic relations cases, but also institutes new case management procedures and mandatory affirmative disclosure duties.

“The new disclosure requirements shift the responsibility for omissions or misstatements from the party receiving the documents to the party submitting them,” according to the Colorado Supreme Court. “This provision embraces the principle that spouses are in a fiduciary relationship with each other.”

Denver family lawyer Bill Thode deals with many contested divorces and child custody cases.

“Unfortunately, some clients come to me with horror stories about how their ex-spouse misstated or omitted crucial facts,” said Thode, who has helped hundreds of clients in divorce and child custody proceedings. “This rule enables individuals to reopen their case for up to five years when they discover material omissions or misstatements by their former spouse or parent of their child.”

To contact Bill Thode, a Denver divorce lawyer, Denver child custody attorney, or family lawyer, visit http://www.thodelaw.com or call (303) 330-0425.

When parents agree on a reasonable parenting plan, children will be better off and the court will usually approve the agreement, said attorney Bill Thode, of Thode Law, P.C. in Denver, Colorado.

If parenting time is being ignored or abused, a parent will want to immediately start to document the wrongdoing. Document any time that is being violated, including how many hours, days or weekends are being compromised. If there are other witnesses, such as a teacher or friend’s parents, get their contact information or direct account of what occurred. If an ex is keeping the children away and surrounding them with questionable people during that time, keep records of what is happening. A parent should take notes regarding everything he or she does for the children when they are under his or her control. Every aspect of support that is provided to the children is important, so make note of all financial, educational, and emotional support you provide.

A Colorado child custody attorney will help a parent show the court how his or her parenting rights are being violated. The court may order the following relief:

- Modification of the original parenting agreement
- Additional parenting time to make up missed time to be honored within six months of the court order
- Fines, jail time, or both
- Attorney fees and court costs paid by the offender

“Highly-contested disputes relating to child custody or divorce sometimes bring retribution,” Thode said. “Parents should not lose focus and try to prevent their child from visiting the other parent. Hurting the other parent will not help your child in the long run.”

Two parents battling with each other cause no one to win. Divorce does end the marriage, but the parenting role continues. Both parents must cooperate to raise the child instead of simply being vindictive toward each other.

The Thode Law Firm has helped hundred of clients since 1997. As Denver’s premier family law firm, they specialize in contested child custody and divorce cases as well as mediation, relocation, child removal, and pre and postnuptial agreements.

To contact Bill Thode, a Denver divorce lawyer, Denver child custody attorney, or family lawyer, visit http://www.thodelaw.com or call (303) 330-0425.

Yet these services, which are almost always operated by individuals who are not licensed to practice law, are scams or apply a one-size-fits-all approach that is not appropriate. There is no watchdog organization to monitor their practices and many of the services have outdated, overly simplistic forms. Without an attorney’s advice, couples who use these services inevitably fail to address critical issues. Months or even years after the divorce, the same individuals must hire an attorney to fix a substandard separation agreements and parenting plans, for example.

Statistics show that the costs of fixing threadbare divorce decrees and parenting agreements are many times the cost of the document preparation service.

Even spouses in uncontested divorce need legal counsel. Filing clerks are not allowed to tell individuals how they should fill out the paperwork, or what errors their paperwork contains. The standard state forms also do not provide any information about each party’s legal rights or options. Only a lawyer can provide that kind of detailed information.

The Thode Law Firm, P.C., which has represented hundreds of clients in the Denver metropolitan area since 1997, has seen its share of bad divorces due to divorce prep services and kits. “In many cases, battles over child support, custody and visitation, maintenance, and other issues continue long after the divorce decree is issued,” said attorney William Thode. “The vast majority of these problems are the result of not thinking things through or agreements that don’t exactly say what the parties think they say.”

To contact Bill Thode, a Denver divorce lawyer, Denver child custody attorney, or family lawyer, visit http://www.thodelaw.com or call (303) 330-0425.

Needless to say, their situation put everyone in an awkward spot. Although a divorce makes many people desire a new beginning, a parent must tread carefully when dating before a divorce is finalized and be mindful of how children can be affected even after the divorce decree is signed.

Do not make these mistakes just for love when a new person starts to pull at your heartstrings:

1) Whom you date can impact child custody decisions. In the court’s eyes, the child’s best interests are the top priority. Whom you are dating and what behavior you are exhibiting in front of your child can make you and your home environment appear less stable.

2) Overall, dating before the divorce is final or rushing into a new relationship the minute it is over can cause emotional complications. You need to understand what went wrong with the marriage and how to not fall into another bad relationship. Your child can also get confused and emotional about the new person in your life. Oftentimes, it is just better to take a breather from intense relationships.

An experienced divorce attorney will help you understand how your dating life and home environment will affect the outcome of the divorce. If you are considering a divorce in Denver, hire the Thode Law Firm to get the legal assistance you deserve.

To contact Bill Thode, a Denver divorce lawyer, Denver child custody attorney, or family lawyer, visit http://www.thodelaw.com or call (303) 330-0425.