The best way to settle any lawsuit is to be ready to try the case. The same is true in family law cases. If you are prepared to take the case to trial, you will know the strengths and weaknesses of your case. When you are not prepared to go to trial, you are shooting in the dark. You have to know your case. You have to know the likely or probable outcome in court. You have to know your best case scenario and your worst case scenario. You gather that information and determine your position through experienced legal advice.

This is not to say, however, that you have to do the same amount of preparation in every case, or in every stage of the same case. The amount of preparation for trial or mediation is in proportion to the nature of the case, the issues at stake, the distance between the positions of the parties, and the amount the parties have to spend to take the case to court. Sometimes the best time to mediate a family law case is at the very beginning, when neither side has postured for trial, and when the parties are still able to communicate. In this situation, the parties will not be as prepared as they would be later in the case, but they may be able to settle the case at great savings of money and emotional expense.

If the parties are unable to settle the case early, then they will enter the discovery phase of the case, where information is gathered and exchanged and the sides start getting ready for trial. At this stage, the parties can and should spend more time preparing for trial and mediation.

To prepare appropriately for mediation you should:

1. Meet with your lawyer before mediation. If you go to mediation without meeting with your lawyer beforehand, then you’ve got the wrong lawyer. If the only thing your attorney tells you before mediation is where and when the mediation will occur, and he or she shows up and reviews the file in the mediator’s office, then you need to find a new attorney.

2. Provide your lawyer with all of the information he or she requests of you. Don’t wait until the last minute: your lawyer will need to review and digest your information in advance.

3. Review the information your attorney has obtained from the other side. This will allow you to get an idea of what to expect from the other side. Your attorney may even need your help in interpreting the documents the other party has provided.

To sum up, if you want to settle your case before trial–and you should–then you need to be prepared for mediation. Prepare less and mediate early if possible. If not possible, then prepare for mediation by preparing for trial. When you are ready to try the case, you are ready to mediate.

The Park County Courthouse in Fairplay, Colorado.

Park County is part of the 11th Judicial District of Colorado, which is comprised of Chaffee, Custer, Fremont, and Park Counties. Although Park County only has about 14,000 residents, the county is geographically vast, and is geographically the 17th-largest county in the State.

The old courthouse, pictured below, was built in 1874, and was in use until 1983–nearly 110 years. The old courtroom took up the entire second floor. Presently, the old courthouse is the home of the Park County Library. However, a new library has been planned, and could open as soon as 2014. When the library moves to the new location, the old courthouse is slated for restoration.

The old Park County Courthouse is presently the home of the Park County Library, but could be restored in the next several years.

If you live in Park County, Colorado and need a lawyer, consider the Law Office of Kirk Garner in Woodland Park. If you live in the Lake George area, in the southeastern part of the county, you may be 45 miles or more from your county seat, but you are only about 20 miles from Woodland Park. You may even drive through Woodland Park on your way home from work. Call Kirk Garner today.

Kirk Garner handles grandparent visitation cases in Colorado.

In a perfect world, parents would be and remain married and children would maintain a close relationship with all extended family members. In the real world, of course, this is not always the case: sometimes parents never get married; sometimes they divorce; sometimes a parent dies before children reach adulthood; and sometimes the parents are incapable of acting in anyone’s best interest except their own. In general, we like to think that children benefit from close and loving relationships with their grandparents. Occasionally, however, the parents and grandparents do not get along well, and parents prevent the children from seeing the grandparents. In some situations, the parents are acting in their children’s best interests because there are legitimate reasons why contact with grandparents would be detrimental to the best interest of the children. In other cases, the parents place their owns motivations above the best interests of the children, and prohibit contact that would be good for the children.

The Colorado Children’s Code contains procedures that grandparents may follow to obtain court-ordered visitation with grandchildren. However, grandparents’ rights are limited by the United States Supreme Court’s recognition that a fit parent has the right to decide–without interference from the state or the courts–with whom their children may interact. There is a legal presumption that a fit parent acts in a child’s best interest; and so, if a parent decides that his or her child should not have contact with a grandparent, the law presumes that the parent must have a good reason for that. Hence, the grandparent will have the burden to persuade the court by clear and convincing evidence that the parent is either unfit or is not acting in the child’s best interest. (As an aside, in most situations, if a grandparent feels that a parent is unfit, the grandparent should not be seeking visitation but custody.)

Section 19-1-117 of the Colorado Children’s Code sets forth the procedures for grandparent visitation, including the requirements for standing and the grounds for relief. Standing is the legal ability to bring a claim for relief to the courts. For grandparents to have standing, there must be a divorce or child custody action between the parents. This can be a presently open case or an order granted in the past. If the parents of the grandchildren are still married and have not filed for dissolution of the marriage or the allocation of parental responsibilities, then the grandparents do not have standing to seek visitation. If the parents have never been married and have never filed an action for the allocation of parental responsibilities, then the grandparents do not have standing. There are exceptions to this when a grandchild has been placed outside of the home of the parents (other than when they have been placed for adoption), and when a parent has died, and that parent is the child of the grandparent.

If the grandparent does have standing, they may file in the district court a motion for visitation, along with an affidavit setting forth the grounds and facts of their motion. The affidavit must show, by clear and convincing evidence, the reasons why the grandparents are seeking visitation, and must demonstrate that the parent who is denying the contact with the grandchildren is either not acting in the children’s best interest or is unfit. The Courts will judge each case on its own facts and merits. Therefore, it is important that each party sets forth the facts and evidence as persuasively as possible.

If you are a grandparent, and your children will not let you spend time with your grandchildren, call me to discuss your case. I may be able to help.

Likewise, if you are a parent, and your own parents or your child’s other grandparents are seeking a court order for visitation, call me right away. I can help you present your case, and show the Court the reasons why you believe it would not be in your child’s best interest for the grandparents to have visitation rights. Call me today.

The Pueblo County Judicial Building at the corner of West 10th and North Grand Avenue.

The Pueblo Combined Courts are located downtown in the Pueblo County Judicial Building (pictured), at 320 West 10th Street, at the corner of West 10th Street and North Grand Avenue. With all due respect to the people of Pueblo County, the Judicial Building is a rather depressing structure that resembles a giant Kleenex box. It is definitely a case of function over form. The exterior design would not be all that bad, except that it is impossible not to compare it with the old Pueblo County Courthouse, pictured below, which is one block to the east.

Pueblo County is not as populous as El Paso County, and so the courts are not as busy or congested. There appears to be adequate parking in the vicinity of the courthouse. The entrance of the building is on the north side, where you will encounter court security officers. If you have business in the Judicial Building, make sure you arrive early enough to find a place to park, make it through security, and locate your courtroom or office.

Despite its name, the (old) Pueblo County Courthouse no longer houses district or county courtrooms.

It won’t be too long before the Combined Courts of Pueblo County get to move out of the homely Judicial Building: ground was broken for the new Pueblo County Courthouse in February of 2012. The new courts building will be located at West 4th Street and North Elizabeth. A YouTube video chronicling the construction can be found at the following link: Pueblo County Courthouse Construction Update by josseppie.

I am pleased to represent residents of Pueblo County. If you need a lawyer in Pueblo County, give me a call today.

Author Quentin Fottrell identifies three dangers. First, users who would otherwise remain faithful to their spouses can easily become tempted by the people they interact with online. “The social network is different from most social networks or dating sites in that it both re-connects old flames and allows people to “friend” someone they may only met once in passing.”

Second, even if an affair was not caused by social media, Facebook may lull users into a false sense of security, where they feel safe to post information that might tip off a significant other. “It could be something as innocuous as a check-in at a restaurant, he says, or a photograph posted online.”

Finally, when couples find themselves in divorce court–whether there was an affair or not–information from social media can and will be used as evidence to determine child support, alimony, and even custody. The article quotes attorney Randy Kessler, the current chairman of the family law section of the American Bar Association, that “any pattern of behavior that’s recorded on Facebook relating to parenting skills, excessive partying or even disparaging remarks about a spouse that violates a court order could be admissible in court.”

I encourage you to read the entire article, and to exercise extreme caution in your social media activities.

According to law professor Eugene Volokh, marriage is indeed a form of contract.

So marriage is a contract, and has long been described as a contract, but it’s a very peculiar kind of contract that has its own special legal rules. To ask whether marriage is “technically” a contract doesn’t make much sense, because it presupposes a single unique meaning for the term “contract.” If by contract you mean “a contract as typically defined at law,” which is to say a contract that has most of the legal consequences that a typical contract has, then the answer is “largely not,” because marriage contracts have such specialized legal consequences. If by contract you mean “something the law has typically labeled a contract,” the answer is “probably yes,” simply because “marriage contract” has long been a common term. If by contract you mean “a mutual agreement that the law treats as binding as a consequence of the parties’ having agreed to it,” then the answer is “yes.”

Read the whole thing.

A statue of America the Beautiful author Katharine Lee Bates looks beyond the El Paso County Courthouse to Pikes Peak.

If you have a case set at the El Paso County Courthouse–or perhaps you are a witness or have jury duty–you should arrive early enough to find a parking space, make your way through building security, and find the location of your courtroom. The main entrance is shown in the photo above and is on the east side of the building facing Tejon Street. There is an entrance on the south side of the building, but it is only for attorneys and court staff who have an identification badge issued by the Fourth Judicial District.

The courthouse has two main wings–the older south wing and the newer west wing. Rooms located in the south wing have room numbers beginning with “S”, and rooms located in the west wing have room numbers beginning with “W.” Division courtroom assignments are listed on signs and monitors in the main lobby. There is an information desk in the lobby of the south wing.

Kirk Garner’s Colorado Springs law office is located in The Downtown Executive Center, 422 E. Vermijo, just three blocks east of the courthouse. If you need a lawyer in El Paso County, give Kirk Garner a call today!

Courts will usually send a family law case to mediation prior to trial.

Before your family law case goes to trial, the judge will probably require you to mediate. Mediation is a form of alternative dispute resolution–”alternative” meaning that it is an attempt to resolve the dispute without having to resort to trial.  In mediation, the parties meet with a neutral third-party, usually but not always an attorney, who is trained to help parties resolve their differences.   The mediator will meet with each side–usually in separate rooms–and will go back and forth between the parties to gather information and convey offers and counter-offers.  Mediators are useful because they help the parties find common ground.  They will also provide valuable feedback about the strengths and weaknesses of your case.  Hence, even if you don’t settle the case, you will have gained insight into your case that will help you prepare for trial.

The mediation process is entirely voluntary:  no one will force you to settle the case if you don’t agree to the settlement, and no one is going to decide the case for you.  If the parties are unable to reach an agreement, they simply walk away and prepare for trial.  However, if the parties are able to resolve the dispute, it is likely that the parties will save significant time and money–not to mention the emotional investment–that it would otherwise take to prepare for trial.

In future posts, I will discuss more tips to help increase the likelihood that your mediation will be successful.  In the meantime, if you have a question about the mediation process, feel free to leave a comment.

You don't have to leave Teller County to find a good lawyer.

A number of attorneys have an office in Woodland Park, but only a few handle family law cases and general civil litigation. I have over fifteen years experience helping small-town, rural folks with their legal problems. From divorce and child custody cases to small claims court to probate and wills, I have the experience and know-how to handle your case. So whether you live in Cripple Creek, Victor, Florissant, Divide, Crystola, or Woodland Park, call me today to schedule an appointment. You won’t regret it.

Classes for both El Paso and Teller Counties are held in Colorado Springs, in the jury assembly room, Room W113, of the El Paso County Courthouse, 270 South Tejon. The courses are held three times per month, from 5:30 p.m. to 7:30 p.m. on the second and fourth Wednesdays of each month, and from noon to 2:00 p.m. on the third Friday of each month. Reservations are not required, but you should arrive early enough to find parking, go through building security, and locate the classroom in time to register. If you arrive more than 10 minutes late, you will not receive credit. Bring your case number to make sure you get proper credit.

Please note that you are not permitted to bring children with you to the parenting seminar. For the Friday class only, babysitting is available through Court Care; however, you must call ahead and make a reservation for your children. The Court Care office may be reached at (719) 442-1972.

If your case is filed in El Paso or Teller Counties, there is no extra charge to attend the CFIT Seminar, as a fee is charged as part of your filing fees. However, if you are attending the Colorado Springs class for a case filed outside of El Paso or Teller Counties, then you will have to pay a fee of $25.00 to obtain credit.

The class consists of three videos: the first film describes the court process, including the terms and concepts involved in the allocation of parental responsibilities; the second video describes co-parenting; and the third details the effects of divorce on children. This is a valuable seminar: you will learn important information that will help you make your divorce or separation as easy as possible for your children.

If you have children are considering divorce or a suit for the allocation of parental responsibilities, call the Law Office of Kirk Garner today to discuss your legal rights and remedies.