Albert V. Evans, Attorneys at LawFaithfully Serving Individuals And Families In The Centennial Area Since 1970.2026-06-03T09:11:27Zhttps://www.albertvevans.com/feed/atom/WordPress/wp-content/uploads/sites/1304352/2020/03/social-share-2018-08-21-03-38-40-75x75.jpgOn Behalf of Albert V. Evans, Attorneys at Law<![CDATA[What are the rules for changing your parenting schedule?]]>https://www.albertvevans.com/?p=470512022-11-23T01:25:06Z2022-11-23T01:21:16ZMaybe you and your ex negotiated a specific parenting schedule, or perhaps you went to court and had a judge develop a parenting plan for you. The two of you should do your best to adhere to the existing schedule to the best of your abilities.
However, there are circumstances in which you may need to adjust your parenting schedule. Maybe one of you has unexpected overtime at work or comes down with a terrible case of strep throat. How do you adjust your parenting schedule for those unexpected changes?
Make one-time changes when necessary
In the situation where someone can't be with the children for some reason, the parents can adjust their schedule, possibly by specifically moving one parent's time with the children to a later date that will better work for the family. Such changes are the best way to handle illnesses and other one-time changes.
Ask for a modification
When there has been a significant change to your circumstances, such as a new job that changes your schedule, you may qualify for a formal custody modification. You can file paperwork and go back to court, either with the cooperation of your ex or in a litigated hearing. A judge can update your parenting plan to reflect what schedule would actually work for your family. Formal modifications can also be the best solution when your ex doesn't cooperate with you or frequently cancels your parenting time over scheduling issues without any effort to allow make-up time. Recognizing when informal changes are no longer the best solution and modification is necessary can help parents minimize conflict as they share responsibility for their children.]]>On Behalf of Albert V. Evans, Attorneys at Law<![CDATA[3 warning signs that someone is likely to dispute your will]]>https://www.albertvevans.com/?p=470482022-11-07T19:43:41Z2022-11-07T19:43:41Zcommon scenarios when someone can successfully dispute your will.
You must be at least 18 years old at the time of signing the will document
The will must be written
You must sign the will in the presence of two witnesses who must also append their signatures to the document
Your will shall be deemed invalid if any of these legal requirements are not met at the time of its creation.
When there is undue influence
Undue influence happens when someone tricks, pressures or coerces you into writing a will or revising an existing one. For your will to be challenged on any of these grounds, there has to be proof of undue influence. An example of an act that may raise the suspicion of undue influence would be a situation where your elderly parent at a nursing home suddenly revises their will to allocate a significant portion of their assets to the caregiver.
When the law has changed, but your will hasn’t
State and federal estate laws change from time to time. As these laws change, it is important that you update your will and other estate planning tools to ensure conformity with the law. If you do not, someone might challenge the validity of your will.
A will is one of the most important estate planning tools you can create. Find out how you can create a will that will stand the test of time.
]]>On Behalf of Albert V. Evans, Attorneys at Law<![CDATA[Do you need to tell your employer you’re divorcing?]]>https://www.albertvevans.com/?p=470452022-10-29T19:54:56Z2022-10-29T19:54:56ZNo law requires you to tell your boss you’ve decided to divorce. Yet, for several reasons, it might be best if you do.
If you have a bad day at work, it’s difficult to avoid it affecting things when you go home. Maybe you lose your temper quicker with your kids, or perhaps you burst into tears when your spouse asks how your day went.Following that logic, it is inevitable that troubles in your home life, such as a divorce, will affect you at work. Perhaps you will snap at a teammate rather than answer their questions with your usual patience. Maybe you run to the restroom in floods of tears when your colleague asks you what you got up to last night because you remember you had a massive argument with your spouse about custody.
Giving your employer advance warning allows them to prepare and help you
Remember your employer still has a business to run. Informing them you are divorcing gives them time to prepare. They can put cover in place if you need to take a day off to attend court or because you are too emotional to deal with customers. They can understand why you are not performing as well as usual rather than just marking you down on your performance review. They can take extra care with the work they assign you to avoid anything that triggers you. For example, if you are a journalist, your editor will know to give that post about wedding dresses to someone else.Getting legal help to relieve some of the divorce stresses increases the chance you can still perform at work during this challenging time.]]>On Behalf of Albert V. Evans, Attorneys at Law<![CDATA[4 common causes of divorce]]>https://www.albertvevans.com/?p=470422022-10-18T19:55:58Z2022-10-18T19:55:58ZIt’s not a hidden fact that marriage comes with some difficulties. Couples frequently have to discuss and renegotiate their roles in their marriage. However, when these difficulties continue, it may put stress on a marriage.
You aren’t the only one who’s having difficulties in their marriage. Here’s why other marriages tend to fail:
1. Poor communication
Possibly the most frequent cause of marital issues, communication is key to marriage and if this is lacking, couples may find themselves drifting apart. Communication is often needed to ensure each spouse is on the same page, understands boundaries and doesn’t overstep their role. Otherwise, there may be arguments that can’t be resolved, leaving spouses to resent each other.
2. Money difficulties
In a marriage, couples typically have some kind of discussion about finances. Who’s making money? What’s the money spent on? Is there a savings account? When couples can’t agree on financial matters, it can feel like their marriage has stagnated, causing couples to reconsider their marriage.
3. Personal sacrifices
Marriage typically requires sacrifice. However, some people may feel they’re making more sacrifices than their spouse. When sacrifices aren’t reciprocated, spouses may feel bitterness and resentment.
4. Unrealistic expectations
Some people go into a marriage expecting a traditional relationship to unfold – one spouse is the breadwinner, while the other stays at home. Many people today expect modern marriages where both couples work constantly. When couples aren’t on the same page, they may have unrealistic expectations of their marriage.Prolonging a failing marriage may only negatively affect you. If you’re having difficulties in your marriage, you may need to know your options. ]]>On Behalf of Albert V. Evans, Attorneys at Law<![CDATA[Surprising ways divorce may affect your finances]]>https://www.albertvevans.com/?p=470372022-10-05T23:59:18Z2022-10-05T23:59:18ZFiling for divorce means you are ready to separate your life and finances from your spouse. After years of sharing a life, assets and debts, the process can be challenging and messy.
While this is true, the legal process in Colorado outlines specific rules related to asset division to ensure you and your spouse receive a fair divorce settlement. You may not expect how divorce will impact your financial situation once it is finalized.
Health insurance considerations
If you were covered under your spouse’s health insurance plan, you might have to get your own coverage after your divorce. This can be expensive for those who are unemployed or don’t have the coverage offered by their employer. It’s important to account for this early in the divorce process.
Childcare costs
If you have children, you may be required to pay child support or receive child support that doesn’t cover the full needs of your children. This is often challenging since the cost of childcare can be in the thousands of dollars per month. If the financial strain is too high, your children may not have the opportunities they would if you were still married. This can also impact your ability to pay your bills and your discretionary spending.Be sure to account for these costs during your divorce to ensure adequate child support is paid. If this still isn’t enough, look into other support programs available to ensure children are cared for.
Protecting your financial situation in a divorce
When divorcing, you must consider many things. However, the impact on your finances after your divorce may not immediately come to mind. Be sure to consider this and factor it into the process to ensure you are financially stable in the future. ]]>On Behalf of Albert V. Evans, Attorneys at Law<![CDATA[How dads can increase their chances of 50-50 child custody]]>https://www.albertvevans.com/?p=470342022-09-14T14:07:14Z2022-09-14T14:07:14ZA few decades ago, mothers almost always got full child custody in a divorce. But today, a lot has changed, and fathers can also get equal child custody here in Colorado. The general rule used today is to award custody in the best interests of the child. Therefore, if you’re a divorcing father and you desire to be granted joint child custody, you need a child-focused strategy, especially if the child’s mother is also filing for custody.
Ways to increase your chances of equal child custody in Colorado
Here are five strategies you can use in your effort to get custody:
Speak with a family law attorney: Your attorney will give you sound legal advice on the steps you should take before, during, and after divorce to increase your odds of getting equal custody.
Pay child support regularly and promptly: If you want equal child custody, ensure you’re current on your child support payments. Not keeping up with your payments may be interpreted as disinterest in raising your child. Remember to also keep a record of proof of payment.
Don’t move out of the matrimonial home without your kids: If you aspire to be the primary parent, avoid moving out of the matrimonial home until the judge hears your case and orders one party to vacate. However, don’t hesitate to move if you have safety concerns.
Attend important events: To get custody of your child, you have to show it by participating in important events. Ensure that you attend your child’s social, educational, and religious events.
Plan for your child’s needs: During the child custody hearing, the judge will want to know your plans for continuous care and support. Will your children have their own space? Do you have plans for their education? Be ready to articulate your plans for your child’s care.
A child custody battle can be difficult and frustrating, especially for fathers. If you cannot agree with the other parent, the best solution would be to find out more about your legal rights.]]>On Behalf of Albert V. Evans, Attorneys at Law<![CDATA[4 powers of attorney to consider (even when you’re young)]]>https://www.albertvevans.com/?p=470312022-09-02T14:18:18Z2022-09-02T14:18:18ZMany people make wills, but you're young, so why would you need one? You may not believe you’ll have many assets for another five to ten years, so you may not think there’s any reason to make a will now. These legal documents aren’t just about asset distribution, however.
One of the many things in wills, besides asset distribution and executor of an estate, that isn’t often talked about are powers of attorney (POA). A power of attorney helps make decisions on your behalf. You may not have just one power of attorney, however – here’s what you should know:
1. Medical power of attorney
A medical power of attorney will make decisions for you if you’re ever incapacitated and require surgery, treatment or end-of-life care. Your medical POA will make decisions when, and only when, you face a medical crisis and you’re unable to make decisions on your own.
2. Financial power of attorney
Your financial power of attorney will have a say over how your finances are used when you're unavailable to make decisions. This could mean your assets are used as a result of undergoing medical treatment.
3. General power of attorney
Most people can be your POA – as long as they’re 18 years of age or older. Deciding who has the responsibility over your life and expenses can be difficult. Many people decide on one person who takes on both medical and financial POA roles – commonly known as a general power of attorney.
4. Springing power of attorney
Power of attorney can also be a limited role. Some people may delegate a person to take on a springing (or limited) POA when making financial decisions (such as buying a house) when they aren’t around (like military personnel who are overseas) to finalize a purchase. You shouldn’t wait to make a will because you don’t believe you need one yet. You may need to reach out to legal help who can answer your questions.]]>On Behalf of Albert V. Evans, Attorneys at Law<![CDATA[2 communication errors co-parents need to avoid]]>https://www.albertvevans.com/?p=470282022-08-22T20:11:30Z2022-08-22T20:11:30ZThere are many things that parents should and shouldn’t do when they’re going through a divorce. One thing that’s imperative is that they think carefully about how their decisions and actions will affect the children.
For some parents, communication is one of the biggest problems in the split. There are a few things to consider when you’re in this position:
1. Never make the children relay messages
No child should have to relay messages between parents. The messages may become distorted in the process, but there’s a bigger issue. If the message is construed as negative by either parent, the child might be subjected to a harsh reaction. This can be hard for the child to deal with. Instead of doing this, communicate directly with your ex. This can be done in writing if direct conversations lead to conflicts. In some cases, monitored communication is the answer since all parties will be on their best behavior and issues can be addressed by appropriate authorities.
2. Never ask the children to spy on their other parent
Children shouldn’t ever be asked to report to one parent what’s going on at their other parent’s home. This sets up a sense of conflict for the children. They may not want to tell on one parent but may feel like they’re letting the other parent down. It’s important to remember that what happens at your ex’s house isn’t your concern unless it impacts the health or safety or the children. Taking the time to include conflict resolution and communication guidelines in your parenting plan may be beneficial. These can work to ensure that the best interests of the children are always at the heart of your parenting relationship. ]]>On Behalf of Albert V. Evans, Attorneys at Law<![CDATA[How are medical decisions made when you’re incapacitated?]]>https://www.albertvevans.com/?p=467442022-08-04T00:54:45Z2022-08-04T00:54:45ZA general advance directive
The first option is to create an advance directive that simply gives instructions to your potential doctors. If you know that you don’t want to be kept on life support, for example, you can put that in the advance directive. You can make some of your health decisions in advance, especially if you have religious or cultural considerations to take into account.
A medical power of attorney
A more dynamic way to address this, however, is to use a medical power of attorney. By using this document, you give power to an agent to make medical decisions in the future. The power of attorney does not go into effect right when you make it. Instead, it stipulates that power is only transferred to your agent if you are incapacitated and can no longer make your own decisions. But you get the peace of mind of knowing that someone you trust is going to make those choices for you, and you don’t have to think of everything in advance.
These are just two ways to address your medical future. Make sure that you are well aware of all the legal options at your disposal.
]]>On Behalf of Albert V. Evans, Attorneys at Law<![CDATA[Decision-making in a parenting plan: Why is it important?]]>https://www.albertvevans.com/?p=467422022-07-27T18:52:58Z2022-07-27T18:52:58ZJoint decision-making rights
The courts prefer when both parents are involved in the child’s life. Therefore, most parenting plans adopt a shared joint parental responsibility arrangement unless the children's well-being is at risk.
If you share decision-making, you should be involved in major decisions affecting the child's life, even if you are not the parent with physical possession of the children. You have a right to decide on things like your child’s education, any medical procedures they should undergo or even their religious instructions.
If your co-parent makes major decisions affecting your children without consulting you or seeking your consent, it could be a violation of the parenting plan.
Enforcing your parenting plan
A parenting plan issued by a judge is essentially an order of the court and all parties must abide by it. However, before a judge determines the matter, they must consider the prevailing circumstances. For instance, the court is not likely to take any action if a quick decision from your co-parent was needed in an emergency to save your child's life.
However, if your spouse blatantly disobeys court orders, the court will likely take action. Your co-parent could be held in contempt of court, or the judge could review the parenting plan to uphold your parental rights.
Decision-making is such a vital role as a parent. Therefore, your right to make critical decisions surrounding your children is necessary, and you should know the steps to take if you are being left out of the picture.]]>