Colorado Springs Divorce Attorney Blog

Gasper Law Group
Domestic Relations Division

Here is the scenario: Kate is a single mother of two children ages 2 and 4. The biological father left just after the second child was born and has never been a part of the children’s lives. Kate meets Brian. Brian, being an upstanding guy who has no problems dating a woman with two children, soon marries and moves in with Kate. For two years the couple functions as a family. Kate stays home with the kids and Brian goes to work to financially support the family. Brian comes home at night and helps the children with homework, the family eats dinner together, and the bedtime routine exists of story time and saying prayers. The family attends church on Sundays. Then all of the sudden things go bad and Kate decides to split with the kids. Brian is emotionally attached to the children and wants parenting time. He also believes the kids want to spend time with him. Kate’s response is that Brian is not a biological parent and therefore has no rights with respect to the children. As it turns out, however, Kate is wrong.

In Colorado courts recognize the right of a non-biological parent under the “psychological parent” doctrine. A psychological parent is a person other than a biological parent that has a psychological attachment with a child. Typically the party asserting psychological parenting rights has been a major part of the child’s day-to-day life and making decisions for the child as a biological parent would. The courts recognize that a psychological parent’s bond with a child can often be as strong as the bond between a biological parent and the child. If a court determines a psychological bond exists, the court may award parenting time and parenting rights to the psychological parent. Brian has a good case to assert his rights as a biological parent.

Continue reading "Divorce - The "Psychological Parent"" »

By Teresa A. Drexler
Attorney at Law
The Gasper Law Group

Separation and divorce is complicated when children are involved. Emotions run high and often the parties are angry and bitter with one another. It is often difficult to separate frustration with a spouse as a result of divorce and the exhaustion from suddenly becoming a one parent household. Attorney’s can help you get through the legal process resulting in a final divorce. If children are involved, an attorney can aid in preparing appropriate parenting plans and agreements that address issues with the children. However, once parenting plans and schedules are in place and the divorce is final, both parents still have to raise the children. If the children are very young, both parents must continue to deal with one another as it pertains to the children for many years. In many cases parents can resolve issues amicably and cooperatively. Other times the situation is hostile and becomes increasingly hostile as parties grow more impatient with one another. The importance of co-parenting during this time is significant.

Co-parenting involves sharing responsibilities and decision-making with the other parent while maintaining separate households. Co-parenting is successful only if both parents are willing to work at it. If both parents cooperate and help to instill a successful co-parenting environment, it is not only beneficial for the parents but ultimately it is the best situation for the children. Divorce is stressful on children but this stress can be alleviated when parents work together for the benefit of the children.

Children have a great need to feel loved and supported by both parents. When both parents have a healthy co-parenting relationship, the children receive the stability and security they need amidst a stressful divorce. Children can learn valuable life skills from watching parents successfully co-parent. Through positive behavior and example, parents can teach their children accountability, problem solving skills and how to cooperate with others. Parents have a tremendous opportunity to set a great example for their children when they successfully co-parent.

Successful co-parenting begins with a solid parenting plan. Parenting schedules, including pick up and drop off times, must be specific. Parenting plans should address everything from education, medical issues, holiday schedules, finances and decision making guidelines. Flexibility, however, is also key. Parents should be flexible with one another. Life is uncertain and unexpected events are bound to come up. If you are flexible when the other parent needs a change in the parenting plan, chances are the favor is returned. If you choose to be difficult with the other parent it is likely you will receive no favors.

Continue reading "Divorce and the Kids - Co-Parenting" »