At S|H Law P.C. in Denver, Colorado we strive to protect your child's best interests in the event of divorce and family law matters. Fathers rights attorney Samera Habib can help parents reach a collaborative solution regarding complex issues such as child custody and relocation. Her goal is to facilitate amicable communication between both parties, which can ultimately minimize the impact these proceedings can have on children. Samera will do everything in her power to help fathers reach a fair arrangement that grants them equal access to their children, so as to avoid the need for legal intervention. But when the other party will not budge, Samera is not afraid to go to court and pursue orders for equal or majority parenting time for fathers. If you are a father going through a divorce or child custody matter and you are being denied access to your children, contact our law firm today to learn about your options.
There are many reasons why a parent may seek to negotiate a modification to a court order. Oftentimes, circumstances change, and a modification may be in the current best interest of the child. The majority of fathers agree to minimal parenting time during divorce or separation because they believe that the legal system is against them. The subsequently seek to modify the parenting time orders to make them more just and equitable. Types of modifications can include:
Child custody addresses the legal and physical responsibilities of each parent to a child. Physical custody is called parenting time and it pertains to the amount of time a child spends with a parent. Legal custody, on the other hand, is known as decision-making responsibility and it involves making major decisions regarding a child’s health, education, and general well-being. If both parents can agree on a parenting plan, they can often avoid legal intervention. If parents are unwilling to compromise, the court must decide on an arrangement that suits the child’s best interests.
Modification of Parenting Time and Decision Making
In cases where your child custody orders are old or no longer applicable to your current situation, a modification may be sought. Any modification has to be in the best interest of your children. Your parenting plan can be modified to change the frequency of your child's transition between homes, amount of parenting time with each parent, or which parent makes major decisions.
It is not unusual for a parent to relocate out of state or to a distant city at some point after a divorce. Relocation may be sought for reasons such as work, familial ties, or in an attempt to provide the child with better educational opportunities. However, relocations out of state, or even several hours away within the state, often require modifications of existing child custody and visitation agreements. While parents can work together to come up with an agreeable solution, the court may need to intervene in order to protect the child’s best interests. Because relocation is often a time-sensitive issue, it is generally prioritized by the court.
Changes in Parenting Time
One parent may wish to modify the current parenting time arrangement. In order for the court to modify this schedule, the requesting parenting must generally prove that the change is in the child's best interest.
The court can establish, increase, or eliminate the need for supervision during visits, depending upon your unique circumstances. A parent can petition the court to require supervision as an added layer of protection for a child, especially if parental substance abuse is suspected. A parent may also petition the court to eliminate the supervision requirements if they have complied with the contingencies placed by the court.
Enforcement of Court Orders
If a parent does not comply with a court order, he or she may be held in contempt of court until the order is upheld. This can have serious consequences for the party involved, resulting in fines, jail time, or other sanctions. In cases involving child support, the court may consider wage garnishment. In this situation, the court can deduct money directly from an individual's pay check to pay back child support that is owed.
How a Fathers Rights Attorney Can Help
Many child custody cases require litigation because both parties cannot agree upon a solution. A fathers rights attorney can be an invaluable resource during these proceedings to ensure your child’s well-being is preserved through equal access to Dad. Samera and her team can act aggressively whenever necessary to protect a child from situations that could compromise his or her welfare.
If you are facing a complicated child custody battle, our legal team can use our extensive resources to help you reach an amicable solution.
For each case, our team can examine the extent of the dispute and the evaluate the facts. We rely on insight from our vast network of professionals, who can investigate all aspects of a child custody case. This information enables Samera to determine the best potential outcome for children and parents.
Contact Our Firm Today
If you are facing a complicated child custody battle, our legal team can use our extensive resources to help you reach an amicable solution. Contact S|H Law P.C. today to schedule a consultation with Samera.