031: How Do I Get My Child’s Voice Heard? Picking the Right Child Advocate in Child Custody Cases in Colorado cover art

031: How Do I Get My Child’s Voice Heard? Picking the Right Child Advocate in Child Custody Cases in Colorado

031: How Do I Get My Child’s Voice Heard? Picking the Right Child Advocate in Child Custody Cases in Colorado

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 Parents often want their children’s voices to be heard during the divorce process. However, how that happens can vary greatly depending on the family’s situation. On this episode of Children First Family Law, Krista explains the “best interests” standard in Colorado and what families can expect regarding their child’s voice being heard in court. She outlines the nine factors Colorado uses to determine parenting time allocation, including considerations of factors used in allocating decision-making in a no-fault divorce state. Krista shares specific situations, such as alcohol or drug abuse or domestic violence, that can elevate a child’s voice in these scenarios, the ideal scenario for parenting time versus what often occurs, and ways a therapist can be utilized in a divorce case. She defines the roles of Child and Family Investigators (CFIs) and Parental Responsibilities Evaluators (PREs), as well as the drawbacks of involving either of them in a case. Finally, Krista explains how you can benefit from a child’s best interests attorney (Child’s Legal Representative or “CLR”) to attempt to curate solutions alongside parents and professionals involved in your case while representing the best interests of the child as an attorney advocate who obtains and considers the child’s wishes Divorce can be messy and traumatic for everyone involved. Keeping your child’s best interests at the forefront and hiring qualified professionals can make the process smoother, making it more manageable for everyone. In this episode, you will hear: The use of the “best interests” standard in ColoradoEnsuring a child’s voice is heard in the court while avoiding an adversarial approach to the other parentColorado’s implementation of nine factors to determine parenting time allocation, including:Parents’ wishesChild’s wishesThe relationship between the child and parents, siblings, and any other person who significantly affects the child's best interestsThe child’s adjustment to home, school, and communityThe mental and physical health of everyone involvedThe parties’ ability to encourage the sharing of love, affection, and contact between the child and the other parentWhether the parties’ past involvement shows a system of values, time commitment, and mutual supportHow far apart the parties liveThe ability of each party to place the needs of the child ahead of their own needs How no-fault divorce impacts considerations of parenting time and decision-makingAlcohol abuse, drug abuse, and domestic violence, and Colorado’s statute that indicates a child’s voice should have strong consideration in these situationsThe ideal scenario for parenting time versus what often occursA movement in Colorado toward children over 12 years old to become more actively involved in court proceedings and hearings in the dependency and neglect courts but not so much in domestic/divorce courtsWays a therapist can be used in court proceedingsBringing in witnesses to testify to what’s best for the childThe role of Child and Family Investigators (CFIs) in Colorado, their requirements, their cost, and how they can impact the parenting dynamicThe role of Parental Responsibilities Evaluators (PREs), who can do everything a CFI can, plus do deeper analysis including psychological testing of parentsThe downsides of bringing in CFIs and PREsThe benefits of a child's best interest attorney or Child Legal Representative (CLR), who they represent, the requirements they must meet, what they can and cannot do, and what they costA CLR’s ability to curate the right people to work with the parties involved in the caseWhen you should pursue a child advocate and why you shouldn’t wait too long Resources from this Episode www.childrenfirstfamilylaw.com All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation. Follow and Review: We’d love for you to follow us if you haven’t yet. Click that purple '+' in the top right corner of your Apple Podcasts app. We’d love it even more if you could drop a review or 5-star rating over on Apple Podcasts. Simply select “Ratings and Reviews” and “Write a Review” then a quick line with your favorite part of the episode. It only takes a second and it helps spread the word about the podcast. Episode Credits If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.
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