Parker Law Blog

Summertime is a popular time for parents to move, as it means that their child will have time to adjust to their new home before the school year starts. However, when parents are divorced, moving is not as simple as packing up your things and taking off for your new home. If there is a child custody and parental visitation order in place, the parent that wants to move may need to seek a modification of the order first.

Under Colorado Revised Statutes §14-10-129, if a parent wishes to modify a child custody order because of a move, the court will do so if it is in the child's best interests. If the custodial parent is moving and the move will significantly alter the geographic ties between the child and the noncustodial parent, the court may consider other factors.

A divorce will change your life in many ways, including how you rear your child(ren). While co-parenting is easier said than done, once you settle into a groove with your arrangement, you'll find that you can maintain a strong relationship with your child.

If you're in the process of planning a trip with the kids, there are several key steps to take in order to avoid an argument with the other parent. Here are some things to keep in mind:

• Review your child custody agreement. You shouldn't assume that you can do whatever you want when traveling with your child, as this may not be true. For example, you could discover that you are not permitted to travel outside of the country with your child — or even the state of Colorado, in some cases. Taking a trip with your child is fun, but violating your child custody agreement is anything but that.
• Set a schedule. If you want to plan a trip without angering the other parent, set a schedule and stick to it. This will allow both of you to be on the same page regarding the trip, e.g., when you're leaving, when you're coming home and where you're staying.
• Talk about it in advance. It's not always easy to plan a trip many months in advance, but when it comes to traveling with your child after divorce you should attempt to do so. The sooner you let the other parent in on your plans the better off you'll be. For example, if you want to take a trip over the Thanksgiving holiday, start talking about the details during the summer months.
• Communication is essential. This is critical on many fronts. To start, you should openly communicate with the other parent about your travel plans. Also, make sure your child stays in touch with his or her other parent during the trip.

First comes love, then comes ... the prenup? Actually, for millennial couples in Colorado and nationwide getting ready to walk down the aisle, premarital agreements (also known as prenuptial agreements) are becoming less taboo. Premarital agreements outline how the soon-to-be spouses will divide their assets if their marriage doesn't last. Premarital agreements can also address child custody issues, inheritance issues and spousal maintenance (alimony) issues.

One reason why premarital agreements are increasing in popularity among millennials is that many of them are marrying later than generations before them did. This means they have built up enough separate assets on their own that they wish to protect. For example, according to the Pew Research Center, in 1980 only 13 percent of women living with a male spouse earned 50 percent or more of the household income. As of today, that figure has grown almost threefold. The president of the American Academy of Matrimonial Lawyers reports that, in comparison to other generations, millennials treat premarital agreements with the same attitude they would a business dealing, rather than as a deeply emotional affair.

When a debtor is contemplating bankruptcy, they will either file for Chapter 7 bankruptcy or Chapter 13 bankruptcy. In a Chapter 7 bankruptcy, with some exceptions, the debtor's assets are liquidated, and the proceeds are used to pay of their debts. The process usually can be finished within a matter of months. In a Chapter 13 bankruptcy, the debtor may retain more assets, but will have to follow a court-ordered repayment plan that could last three to five years.

However, choosing between Chapter 7 bankruptcy and Chapter 13 bankruptcy often boils down to the debtor's income. If a person's income is under a certain level they may qualify for Chapter 7. If their income is above that threshold, only Chapter 13 may be available to them. The following are some differences between these two types of bankruptcies.