MOVING OUT OF THE MARTIAL HOME
After you and your soon-to-be former-spouse have made come to the important conclusion that you will be moving out of the family home, it is important to first be aware of timing when there are children involved.
Do Not Move Out Without a Court Ordered Parenting Agreement
If you and your significant other have children together, it is important to first file for the allocation of parental responsibility and obtain a court ordered parenting plan before you move out of the marital home. If you move out without a court order that defines the terms of your parenting schedule, this could have repercussions that you will long regret. Without a court order that clearly defines the terms of a parenting agreement, there are no orders to enforce and that means one parent’s rights to the child will not override the rights of the other parent. A court ordered parenting agreement will allow the court to enforce the terms of the agreement, and without this legal document in place, you could be subjecting yourself and your children to chaos and heartache.
Try to Be Patient When There are Children Involved
It is unfortunate, but we too often see parents who have left the marital home without first filing a case for the allocation of parental responsibility and obtaining the court orders they need to have consistent access to their children. What sometimes happens is that the parent moves out of the home they shared together and then their co-parent refuses to allow them time with their children. The aftermath of this scenario means that the parent who moved out is left without recourse because there are no court orders to enforce. Then when you finally file for the allocation of parental responsibilities so you can create a parenting plan, it can often be weeks or even months before you can get your case in front of the court who can rule on parenting time. And by this time, you and your children could have been separated for way too long. All this suffering could have been avoided by remaining in the marital home until you filed for the allocation of parental responsibility and you moved out after you obtained a court-ordered and enforceable parenting schedule.
Be Smart and Consult with an Experienced Family Law Attorney
Each Colorado family law case that includes custody issues is different and there are many circumstances when it is important for parents to separate from each other to avoid the emotional volatility that exists within the home. And there are many couples who can successfully work together in an amicable manner for the sake of the children involved. Whatever your situation, it is important to begin the process of divorce or separation with a consultation with an experienced family law attorney. Before you make the important decision to leave the martial home, meet with a domestic relations attorney and talk about creating a temporary parenting plan that gives you access to your children until you and your soon to be ex can decide on a permanent arrangement. When you are hurting and highly emotional, it is difficult to think with the clarity necessary to make life- changing decisions. When you meet with a compassionate family law attorney who has the experience to think and plan with you, it is likely that the decisions you make after seeking the advice of counsel will be thoughtful and sound.
Scheduling a Free Consultation
If you have children and you are considering a divorce or separation in the State of Colorado, call Elissa Bercovitz and schedule a free consultation to discuss the details of your legal matter
Working with Elissa Bercovitz, Esq.
Elissa Bercovitz at the Bercovitz Law firm has a Colorado family law practice that is focused exclusively domestic relations matters. Elissa Bercovitz handles family law matters in the Denver Metro area and counties throughout the State of Colorado. She has experience with domestic relations matters related to the dissolution of marriage (divorce), legal separation, the allocation of parental rights and responsibilities (parenting time and child support), maintenance (spousal support/ alimony), paternity, step-parent adoption, relocation cases, the division of assets and debt, LGBTQ family law matters, post-decree modifications, guardianship, and mediation.
If you are seeking to be represented by a compassionate Colorado family law attorney with over 20 years of legal experience and a lawyer who is familiar with the Colorado courts, judges and magistrates, please call Elissa at 303 803 1678. You can also simply fill out the online contact form, so Elissa can schedule a free consultation for you to discuss your legal matter with you in detail.