Divorce with Children: Keeping the Focus on the Kiddos

Divorce with Children: Keeping the Focus on the Kiddos

Collaborative Divorce: Heard of it?

For many separating couples, a Collaborative Divorce is the way to go. Especially when children are involved.  The Collaborative Divorce model allows each spouse to stay out of court and work with Collaborative attorneys and other specialists (possibly including CPAs, coaches, child specialists) and actually work together and through all of the issues that need resolution.  You have more control over the outcome, you’re not spending money to battle it out in court, and your priorities and interests are identified and prioritized.  I highly recommend the book,  The Collaborative Way to Divorce, by Stuart Webb and Ronald Ousky.  It’s packed with helpful step-by-step information.  If you need resources or help connecting with a Collaboratively trained attorney, contact me today.

New CFI Presumptive Cap updated: 2016

As of January 1, 2016 the CFI presumptive statutory cap on fees for investigation and report writing is $2,750.  The presumptive statutory cap on fees related to CFI work performed in preparation for testifying in court remains at $500.  Any CFI may request excess fees as necessary.  Gabriela Sandoval works to identify with parents, counsel and the court the issues and statutory factors that need to be investigated and specifically outlined in the Court’s Order of Appointment.  Clearly identifying these issues at the beginning will assist parents in knowing how much they will invest in the CFI process and set the correct path for the investigation from the start and avoiding delays and unanticipated expense.  Gabriela Sandoval attempts to assist parents in keeping the investigation as cost effective as possible.  For more information about Attorney Sandoval’s approach to Child and Family Investigation or for a copy of her resume, contact her directly today.

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Child & Family Investigation

Gabriela Sandoval serves as a Child and Family Investigator throughout the Denver Metro area.  She is a Board Certified Child Welfare Law Specialist and former Guardian ad Litem (GAL) who served the best interests of children in Dependency & Neglect Cases.  Her approach to Child and Family Investigation is to effectively identify the issues and relevant statutory factors that need investigation and analysis; review parental concerns and history in a Parent Questionnaire; meet and interview each parent; communicate with references and collateral sources; visit the parent and child along with other residents in each parent’s home; review records and other relevant information and; finally, draft a report with conclusions and recommendations the family can utilize to assist in settlement negotiations and/or in court.  Gabriela Sandoval routinely testifies in court during Domestic Relations hearings as needed and when settlement negotiations fail.  Her objective is to draft recommendations that serve in the best interests of the children.

Attorney Sandoval assists parents, attorneys and courts in need of child advocacy in divorce and separation legal proceedings.  Her focus and objective is to discover the best interests of the children and comply with the Chief Justice Directive that guides all of Colorado’s Child and Family Investigators.  Gabriela has the training, experience and resolve to identify the children’s needs.  In addition to serving children and youth whose parents reside in Colorado, Gabriela also serves in cases where one parent lives out-of-state or desires to relocate.

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Animal Law: Gabriela Sandoval published in Colorado’s Real Estate Newsletter

Read the Winter 2015/Spring 2016 issue where Gabriela Sandoval writes about Animal Law and important housing issues for pet owners and real estate owners.

Find it here – Animal Law: Housing Issues

Driving while distracted can lead to death or permanent child injury

Yet another hot car death of a child in the news today.  A horrific accident.  Distracted driving is everywhere these days.  Distracted driving is not just texting while driving — it is also not being mentally focused.   As you’re getting in your car to drive, focus on your task at hand.  Turn off your phone.  Take this time to focus on driving to where you need to be and leave the other things in life to be handled when you arrive safely at your destination.  Save lives everyday.

Help build a healthy brain for your child!

CLICK THIS LINK FOR A SHORT VIDEO ON PARENTING, COMMUNICATION AND YOUR CHILD’S BRAIN!

So-called “No Kill” Agenda in Colorado: Slowly Killing Anyway

The April CLAW Caucus will focus on the Colorado No-Kill Pet Animal Act ballot initiative, which may be on the ballot this November.  Come to the State Capitol (RM 112) this Thurs. April 17, 2014 from 12-1:30.

Things are heating up regarding shelter animals and the misleading “no kill” debate.  Proponents of this “no kill” policy surely have their hearts in the right place—they want to save animals.  Believe it or not, so do the opponents.  The main difference is that proponents of this agenda ignore some very important realities.  The first reality is that there exists a tremendous overpopulation of cats and dogs in our state.  Ignoring that fact is shortsighted, irresponsible and naive.  As it stands, shelters are already busting at the seams and burdening them by prohibiting humane euthanasia for animals languishing physically and emotionally in cages would only add to this heavy burden.  When these “no kill” shelters turn unadoptable animals away, they are only prolonging the inevitable, not fixing the problem.  If these “no kill” shelters accept every single animal brought to them (they don’t) these animals are warehoused for months or years, their quality of life plummeting, to a cruel degree.  Sometimes we have to do things we don’t like or want to do because in the end, it’s the best option available.  I do hope this is not always the case.  Until people stop purchasing cats and dogs from breeders and pet stores and every cat and dog has a responsible owner, we won’t be anywhere near a truly No Kill community.  Maybe the proponents and opponents of this issue cease with the friendly fire and instead partner together to prevent unwanted domestic animals in the first place.  A real and effective solution to this problem will be multifaceted and will actively engage the many people and organizations who work with animals.  Simply prohibiting shelters from humanely euthanizing unwanted cats and dogs is not the answer.

 

Collaboration

Regardless of what issues are in conflict, mediation is about assisting parties who want to try and resolve their disputes out of court or before trial.  Gabriela Sandoval will assist you in defining your own interests, encourage brainstorming of new and creative ideas specific to your issues and carefully evaluate ideas so that you reach a solution you feel good about.  Contact Gabriela Sandoval today to learn more.

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Denver Makes Top Ten List: Worst Zoos for Elephants

Denver Zoo (Denver, CO)—What a Load of Bull.

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The Denver Zoo set a dangerous precedent in 2013 by bringing a young bull from Europe, making Billy (Budi) reportedly the first imported Asian elephant in more than 30 years. It’s no secret that housing male elephants is a challenge, but adding to their numbers to bring in “new blood and genes,” when existing captive elephants desperately need better conditions, defies reason. In its desperate bid to boost the number of captive elephants, which does nothing to help conserve the species, the zoo industry is ignoring what should be the priority—the welfare of individuals. At just six years old, Billy has already been moved twice, prematurely separated from his mother at the tender age of four. The Denver Zoo hopes to eventually house at least eight bulls to use them for breeding and enable other zoos to do the same. The zoo industry should instead halt breeding altogether and take better care of the hundreds of elephants already languishing in substandard zoos.

-In Defense of Animals (IDA)

See the full list here.

 

Reduced Fee Mediation Services

Child & Animal Law Offices is offering pro bono/reduced fee mediation services as a public service through the end of February only!

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CO Marijuana Law: Important Info. for Parents

Although it is now legal for adults (21 and over) to purchase and consume marijuana, that doesn’t mean you can smoke weed without potentially devastating consequences.  Responsibility is key.  Marijuana is regulated and some people still can’t smoke it legally in this state (including people under 21 and people on probation).  Just like alcohol or prescription medications — legal doesn’t equal best idea.  Alcohol abuse and dependence can exclude an otherwise appropriate and loving parent from having parenting time or decision-making authority.  Same goes for legal and regulated prescription medications.  It’s no different for marijuana now that it too is legal.  Word to the wise:  safe and responsible parenting is done when a parent is sober.   Model smart decision-making for your children and keep adult-only activities where they belong.  Be sure to familiarize yourself with marijuana related laws and regulations.

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Mediation is a process

Mediation can happen once or over multiple sessions.  I have found that oftentimes, at least one party is convinced that mediation will be a waste of time and money only to find afterward that it was actually a process worth having.  In fact, and to their surprise, these same people frequently decide that an additional mediation session or sessions would be helpful and less costly than litigating when some but not all agreements have been reached during an initial session.  It can be very positive for parties to work through their disagreements with a mediator — especially when parties will have ongoing contact with each other.  In cases where children are involved, when parents are able to resolve their issues without involving the court, the positive effect on the children and family overall are profound.  Consider mediation when you have a legal dispute and give it a try before you decide it won’t work for you!

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Waterbirth finally comes to Denver

Denver Health just announced that they now offer a water birth option for expectant mothers.  It is the first hospital in the City of Denver that offers water birth.  The University of Colorado Hospital in Aurora and Mountain Midwifery in Englewood also offer water birth options.  Each location has their own policies as to who is a good candidate for water birth and it is an option all expectant mothers should investigate.  According to Waterbirth International:

• Water facilitates mobility and enables the mother to assume any position which is comfortable for labor and birth

• Speeds up labor

• Reduces blood pressure

• Gives mother more feelings of control

• Provides significant pain relief

• Promotes relaxation

• Conserves her energy

• Reduces the need for drugs and interventions

• Gives mother a private protected space

• Reduces perineal trauma and eliminates episiotomies

• Reduces cesarean section rates

• Is highly rated by mothers – typically stating they would consider giving birth in water again; some even stating they would never give birth any other way!

• Is highly rated by experienced providers

• Encourages an easier birth for mother and a gentler welcome for baby

Placing a pool of water in a birth room changes the atmosphere immediately. Voices get softer, the mother stays calmer and everyone becomes less stressed.

The effect of buoyancy that deep water immersion creates allows spontaneous movement of the mother. No one has to help the mother get into a new position. She moves as her body and the position of the baby dictate. Movement helps open the pelvis, allowing the baby to descend.

When a woman in labor relaxes in a warm deep bath, free from gravity’s pull on her body, with sensory stimulation reduced, her body is less likely to secrete stress-related hormones. This allows her body to produce the pain inhibitors-endorphins-that complement labor. Noradrenaline and catecholamines, the hormones that are released during stress, actually raise the blood pressure and can inhibit or slow labor. A laboring woman who is able to relax physically, is able to relax mentally as well. Many women, midwives, and doctors acknowledge the analgesic effect of water. Thousands of these mothers state they would never be able to consider laboring without water again.

Visit Waterbirth International at http://www.waterbirth.org/ for more information

 

Colorado Animal Lawyer and Pet Mediator

Mediation is a very attractive alternative to pet and other animal litigation.  Litigation is costly and time consuming and mediation offers disputing parties an opportunity to work with a professional neutral who will facilitate a safe environment, confidential discussion and assist in focusing self-determined parties on understanding each others interests.  During your pet or animal related mediation, Gabriela Sandoval will encourage you to generate and evaluate all of your possible options for resolution.  Creativity is encouraged.  Unlike a judge, pet mediator Gabriela Sandoval cannot force a decision upon you and the rules related to trial practice do not apply.  Disputing parties are focused on discovering their own solutions based upon their own unique needs. Whether you are disputing pet custody in a divorce, dangerous dog allegations, allegations of professional negligence or veterinary malpractice or compensation and redress for death or injury to an animal, pet animal mediation may be the answer.  Call Animal Lawyer and Pet Mediator Gabriela Sandoval for more information or to schedule your pet mediation intake.

Special Master/Court Appointment

Available for Special Master and related court appointments in an effort to help resolve complex issues that arise during animal-related litigation.

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Colorado Pet Mediation/Arbitration

Gabriela Sandoval is a Standard Member of the Mediation Association of Colorado (theMac). She is currently accepting new mediation clients and her practice focuses on animal and pet related disputes including pet custody, Landlord/tenant/HOA, dog bites, “viscious” animal allegations, injury or death of animals, alleged veterinary malpractice or negligence, consumer affairs and deceptive trade practice issues and a host of other animal-related disputes.  Please contact pet mediator Gabriela Sandoval at 303.954.4580 or send and email to gns@denvercfi.info for more information.

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Happy National Breastfeeding Month!

August is America’s National Breastfeeding Month — the Proclamation is below:

Whereas, the mission of the United States Breastfeeding Committee (USBC) is to improve the Nation’s health by working collaboratively to protect, promote, and support breastfeeding; and

Whereas, USBC envisions breastfeeding as the norm for infant and young child feeding throughout the United States; and

Whereas, breast milk is the preferred and most appropriate source of nutrition for infants, adapting over time to meet the changing needs of the growing infant; and

Whereas breastfeeding is a proven primary prevention strategy, protecting both infants and mothers from a host of chronic and acute diseases and conditions and building a foundation for life-long health and wellness; and

Whereas the act of breastfeeding builds a strong emotional connection between the mother and infant, a bond which lasts a lifetime; and

Whereas, breastfeeding provides a safe, reliable, and renewable food source, especially critical during natural disaster and emergency situations; and

Whereas, employers that provide workplace lactation support experience an impressive return on investment, including lower health care costs, absenteeism, and turnover rates, and improved morale, job satisfaction, and productivity; and

Whereas, all major medical authorities recommend that mothers breastfeed exclusively for six months and continue breastfeeding for at least the first year of a child’s life, yet breastfeeding rates continue to fall short of the Nation’s Healthy People objectives; and

Whereas, U.S. Surgeon General Regina Benjamin has issued The Surgeon General’s Call to Action to Support Breastfeeding, calling on health care providers, employers, insurers, policymakers, researchers, and the community at large to support mothers in reaching their personal breastfeeding goals; and

Therefore, on this 6th day of August, 2011, the United States Breastfeeding Committee does hereby proclaim August as National Breastfeeding Month, in furtherance of USBC’s role to advance breastfeeding on our Nation’s agenda through collaboration, leadership, and advocacy, so that all U.S. families will have the opportunity to breastfeed.

Robin W. Stanton, MA, RD, LD
Chair, United States Breastfeeding Committee

Parenting Coordinator (PC) or Decision Maker (DM)

Gabriela Sandoval has recently added Parenting Coordination (“PC”) and Decision Making (“DM”) to her practice. Once an order as to parental responsibilities is in effect, a neutral party may be appointed by the Court (or agreed upon by parties) to assist in resolving disputes that arise between parents about carrying out the parenting plan.  This neutral party, the Parenting Coordinator, has duties to each parent in carrying out her role and while she does offer advice, she cannot make a final decision or require parents to agree with any recommendation.

A Parenting Coordinator can be very helpful for parents who are at odds as to the interpretation of their parenting plan.  She may suggest resources for parents, create guidelines for effective and healthy communication and assist in identifying the root cause of the dispute while offering ideas for resolution for parties to consider.  The Parenting Coordinator is a cost effective way to try and resolve disputes about the parenting plan and parents may also have an idea of what issues would be important for the judge to consider if parties choose to litigate about their disagreement.

The court may appoint a Decision Maker (DM) with the authority to resolve disputes between the parties that arise after orders are entered and as to the children involved.  The Decision Maker has the authority to determine the best course of action in the children’s best interests.  The Decision Maker will clarify language of the order or parenting plan and make decisions consistent with the order of the Court.

For more information please contact Gabriela Sandoval at 303.954.4580 or gns@denvercfi.info

Rants and Raves

RANTS:

People walking around staring at their cell phones, completely unaware of the live people and action around them (myself included as I sit here blogging in the airport).

Fast Food.

Unnecessary C-Sections and medicated births.

Formula.

“Educational” Television Programming for kids.

RAVES:

Parents who limit their own “screen time” in front of their children.  Limit the time you spend staring at your phone, iPad, Xoom and TV — it’s good for you and super important for the kiddies.

Parents who ensure their little ones eat foods full of nutrients at every meal.  Healthy food is critical to developing bodies and minds — do not underestimate the impact of nutritious food on your child’s overall functioning.

Mamas and Papas who thoroughly investigate their birthing options from a variety of sources including Birth Centers, Hospitals, Home Birth, OBGYNs, Nurse Midwives, MDs, Family and Friends.  It is each parent’s right and responsibility to understand the risks associated with medicated and UN-medicated birth.

Props to nursing mamas!  Don’t get me wrong, baby has to eat but there are way too many mamas and papas who do not fully understand the amazing and varied benefits of mother’s milk.  In the order from best: Nursing, Pumping and bottle feeding, Donor Milk, Formula.

Parents who ban T.V. for the first few years of life are giving their child a great advantage.  Children learn and develop through exploration, interaction and play.  Talk to your kiddie, sing to him, read to him and play with him.  Wait to introduce your child to T.V. and movies — I promise, you won’t be sorry (but you will be more exhausted!).

Thanks for reading my Rants and Raves.  I’d love to read yours!  gns@denvercfi.info

Balancing Act: Working Parents

A good work/life balance is important for you and your children.  Sometimes that is easier said than done!  It is important to model responsibility, living within your family budget, making compromises when necessary and demonstrating a healthy work ethic.  You want your children to demonstrate appropriate behaviors (safe/healthy limit testing/rebellion is natural), develop motivation to earn good grades and take advantage of opportunities, extracurricular activities and age-appropriate part-time employment.  These experiences will likely lead to a sense of achievement in your child and build their self-confidence.  It can also lead to goal setting and motivation to accomplish their goals.  At the same time, it is critical for you to make quality time with each child because it is your relationship with them that has a direct correlation to how well adjusted they are now and later in life.  Without a meaningful relationship with you, your child suffers.  They might demonstrate suffering by acting out, shutting down, having problems at school with attendance or behaviors, problems engaging appropriately with peers and/or authority figures.  Children’s feelings of closeness with each parent is important and has been shown to be a critical factor for healthy social/emotional development.  Make time for building a closer relationship with your child.  Talk with them.  Listen to them.  Go places together.  Keep up with their interests and foster them in a healthy way.  Identify their strengths and help them to overcome their challenges by thinking of effective solutions together.  Parenting takes patience, investment, commitment and consistency.  Don’t forget to make time for yourself too — nurturing your own health and social calendar can help you re-charge your batteries and is an important ingredient in a healthy work/life balance!

Autism Spectrum Disorder

The number of kids diagnosed with Autism has been on the rise at a very high rate.  If you are a parent going through a divorce or separation AND you have a child on the spectrum, I would guess your stress level is at an all time high.  Know this: There is a light at the end of the tunnel!  Perhaps you just learned of the diagnosis or maybe you have a lot of experience accommodating your child’s special needs and have been doing so for years.  Every child  on the Autism Spectrum is unique and it is critical that you team up with professionals who support your child.  Every child has different symptoms, limitations and sensitivities that must be identified.  A child may be very low or very high functioning.  A variety of sensory issues may seriously disturb your child including noise or touch and it is also likely that there are physical discomforts that affect your child which may contribute to poor behavior or  cause distress.  When a child doesn’t have the ability to communicate, it makes for a very exhausting guessing game.  It has been shown that early intervention is key.  These children need the opportunity to learn how to better function and socialize.  Parents must become active in their pursuits and navigate a variety of systems that offer accommodations, advice and services.  Parents need support from mentors — those who have been down the same road.  These parents, these children, are not alone.  Special therapies, change in diet, supplementation, engagement in social groups, an established routine and sometimes, medication can have a tremendous positive effect on your child and everyone’s quality of life.  When only one parent is on board however, it becomes a much more difficult journey indeed.  When parents disagree as to what their child’s needs are, what parenting time should be or who is more available or better equipped to meet their child’s special needs,  a Child & Family Investigator (CFI) with familiarity of sensory issues or training and education can be helpful in your family law case.  Contact Gabriela Sandoval to learn more about her recent education in Autism Spectrum Disorder, Asperger’s Syndrome and ADHD.

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‘Tis The Season

The holidays are supposed to be a time with family and friends, for reflection and cheer.  It’s a great opportunity to create new traditions or re-live your favorite ones.  Don’t put your kids in the middle of your battle over where they are going to spend the holidays — it will likely leave an unintended but very real emotional scar.  Make this a joyful time for your children!  Be a responsible role model for the kids and remember what is really important.  If your kids are mature enough, talk with them and don’t forget to really listen!  Ask about their ideal holiday and within reason, do your best to accommodate requests to visit with other family members now, if appropriate, or for holidays in the future.   Create holiday arrangements that are kid- focused, not a tug-of-war between parents.  A thoughtful parent who facilitates warm holiday memories is the best gift you can give your kids this year!  Happy holidays.

The CFI Process

Although all attorney Child & Family Investigators (CFIs) in the state of Colorado are bound by the same set of directives and standards, each has her own unique approach.  I have worked with many families struggling with high-conflict relationships and other various issues.  My goal as the CFI in your family law case is to learn about your family and unique circumstances as well as identify your child’s needs.  I must look to the Judge’s CFI Appointment Order for direction with regard to my investigation.  My approach in working with your family is to learn about the history and current conflicts at issue.  I will seek the information I need with compassion and work to draft a practical recommendation that I believe will be in the best interests of your child.  Initially, I will provide each parent with some forms for review and completion.  I will then meet each parent in my office and we will discuss you, your spouse and your child.  We will go over the issues that need resolution.   After our initial meeting, I will set a time to meet your child in your home.  Throughout the investigation, I will be gathering collateral information from other people who know you and your family.  Once the investigation is complete, I will provide my written report and recommendations to each parent, their attorneys and the judge.  I may be called to testify in your case.  To learn more about me and my CFI practice, check out my other blog posts and browse through my website.  I’m happy to answer your questions so don’t hesitate to contact me.

Nanny vs. Daycare

So many working parents ask themselves, “Which is better – a nanny or daycare?”  The right answer will depend on your particular family and the financial resources available to you.  It will also depend on whether you have more than one child and the age of your children.  For example, infants and young toddlers will receive the benefit of one-on-one attention with a nanny.  The interaction that kids need with other kids does become important as they get into their toddler years but that doesn’t mean your nanny can’t organize play dates for your child!  Having your kids in your home environment will save you time since you don’t have to pack up the kids and take them to daycare in the morning.  Many parents will consider this a huge advantage.  On the other hand, you need to feel completely comfortable with someone in your home everyday while you’re not there and without any additional supervision.  The cost can also differ greatly and will depend on how many children you have, the provider’s reputation, curriculum, experience and education.  A nice benefit to bringing your kids to daycare is that you can meet other parents and may even develop life-long friendships!  Be warned – daycare comes with germy kids and your kids will be more exposed to illness (unless you have an older kid in school anyway!).  You have more control if you employ a nanny – you make the rules and policies.  If you opt for daycare, recognize that if you have another child, there may not be room at the daycare you are using and you might need to get on a wait list.  In a daycare setting, there should be more than one adult present to supervise the children.  It is a structured environment and this can be very beneficial for some children.  If you work odd hours, you may have to find someone else to drop off and pick up your child or find a daycare with extended hours.  Employing a nanny comes with doing your own payroll and ensuring compliance with employment taxes.  That can be a big downside for many folks but the good news is that it’s not that difficult to figure out.  The quest for your perfect nanny or daycare is a process.  Figure out how much you can afford, identify your goals of care and what will be convenient.  Tour the daycare centers and learn as much as you can about them.  Verify their licensing and understand all of their policies – request them in writing.  Interview enough potential nannies to give you a good idea of your options.  Call references and ask questions!  Click here to learn about nanny taxes and payrollClick here to see a list of questions to consider asking while conducting nanny interviews and here for daycare center or home daycare interviews.

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Nursing and Divorce or Separation

Many questions and fears may arise when a nursing mother is facing divorce or separation.  She may ask – how can I nurse my baby if the father has parenting time?  Is it dangerous for my baby to stop nursing?  What do I do if I’m getting divorced and my baby is still breastfeeding?  First, let me just say that nursing is the optimal way to feed your baby and should begin within the first hour of birth if possible.  Switching from breast milk to artificial milks is easier than switching back to breast milk so give nursing your very best effort! Breast milk is superior to any other milk and fosters baby’s health, growth and development (both short and long-term).  Breast milk isn’t just the best food for your baby but because of the living cells it contains, it also serves as a natural medicine – protecting baby against harmful bacteria and viruses.  Ideally, babies are fed directly from mother’s breast.  What to do when parent’s are separated?  In this case, expressing breast milk (pumping) is the next best thing.  Mom and Dad should learn about proper storage and use of breast milk when it’s fresh, refrigerated and frozen.  During time away from mom, dad should feed baby with breast milk from the bottle.  When baby is with mom, she should continue nursing from the breast as much as possible.  Bottle feeding should only begin after baby has had  a good chance to develop a proper latch and is used to nursing.  Ask your lactation consultant when bottle feeding can begin.  In the beginning, nursing can be a trying experience but seek help and stick with it – it is the ultimate miracle food for your baby and breast feeding is a special time to bond with your baby as well.   Feeding time with dad is also a special time to bond with baby.  With the right attitude and information, you can continue nursing and giving your baby breast milk.  Utilize helpful resources like your lactation consultant and La Leche League. Read up on the benefits of breast milk and breastfeeding and visit the World Health Organization’s site here and the American Academy of Pediatrics’ site here for more information.

How can a CFI help me?

Do you really want someone appointed by the judge in your divorce case to stick their nose in your family business?  Your first response is most likely, “No”.  However, a Child & Family Investigator (CFI) will put the focus back on your kids.  And focusing on them is what is most important in the long run.  Custody battles can get seriously ugly – not to mention expensive – and having a neutral professional learn about what the family history is and what the current issues and disputes are will help facilitate a solution to the disagreements in your case. And that’s good news for both mom and dad.  Because the CFI’s focus is on your children, she will learn about who they are, learn about what is important to them, what their needs are and listen to their comments and answer questions.  The CFI’s recommendations will help the judge make important decisions about the kids as your family restructures.

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What is a CLR?

The Child’s Legal Representative (CLR) is an attorney in a domestic relations case, appointed to represent the child’s best interests (as opposed to the child’s wishes – although, as a rule – I think the child’s wishes should be expressed to the court unless there are special circumstances indicating otherwise).   The CLR does not file a report or testify as a witness.  The CLR does conduct an investigation in an effort to determine what the best interests of the children are.  The CLR will develop her position once the investigation is complete and will participate in the hearings and at trial by preparing opening and closing statements, filing motions, presenting evidence and calling or examining witnesses.  In addition to being present and/or participating in hearings,  the CLR will be present for and participate in conferences where the children will be discussed.  The specific duties of the CLR are specified in the order of appointment. Typical duties include representation regarding parental responsibilities, parenting time, and/or child property.  If the CLR deems appropriate, the CLR will also participate in an appeal.  Contact the CLR directly to learn about her retainer and fee.

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Television & Other Media: Resist the Urge

Infants and toddlers need to physically explore their environments through play, direct contact and interaction.  This critical stage sets the foundation for timely and proper cognitive development which will later lead to important milestones including proper motor skills, language development and the ability to problem-solve.  Although TV, media and electronic devices abound, they are not appropriate replacements for direct interaction with you and family, safe exploration or play.  TV and similar media should be off-limits during your child’s very young age.  Read aloud to your infant or toddler, sing to him, look at pictures and explore.  Do not be misled by unsupported claims and advertising targeted at parents that promise educational benefits for your very young child.  The American Academy of Pediatrics agrees  – read about it here.

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CFI or PRE?

In Colorado, if you have kids and you’re involved in divorce or allocation of parental responsibilities (“APR”) litigation, you may need to consider whether a Child and Family Investigator (“CFI”) or Parental Responsibilities Evaluator (“PRE”) needs to be appointed in your case.  You may also be faced with the fact that the appointment may happen whether you like it or not.  Not all cases require the appointment of a CFI or PRE.  If one is recommended, there are important distinctions between the two that you should be aware of.  The CFI’s role is to investigate, report, and make recommendations to the court on issues that affect the best interests of the minor and dependent children involved.  It is a brief assessment that is non-intrusive, efficient, and cost-effective (as opposed to a more intrusive and comprehensive evaluation or battery of psychological tests for example).  There is a maximum fee that a CFI can charge you.  The CFI cannot charge you more than the maximum fee unless there is a court order specifically finding that extraordinary circumstances exist.  If parties qualify, all or a portion of the CFI’s fees will be paid by the state.  The CFI is required to collect data and conduct an investigation sufficient to provide competent recommendations.  CFIs are required to undergo federal background checks.  CFIs must also qualify for and be listed on Colorado’s Statewide Eligibility Roster.  CFIs shall attain a level of competence that includes an understanding of both the legal and psychological/social issues that are typically present in dissolution or parenting cases, and shall maintain and regularly update his or her training in relevant areas.  A PRE must be performed by either the court probation department, any county or district social services department, or a qualified and licensed mental health professional.  Currently, there is no state-pay funding for a PRE and no specific maximum fee has been set.  If a CFI is appointed and believes evaluations or psychological testing by a mental health professional would benefit the parties or the children and assist the Court, the CFI is able to provide that information and recommendation to the court.

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Try to settle if you can…

Even after you’ve become entangled in custody related litigation, you can discuss with your attorney (or if you’re pro se, with opposing counsel) the possibility of settlement as opposed to going to trial.  If a CFI (Child and Family Investigator) is appointed in your case, the written report may be a good tool to use when discussing possible ways to compromise or come to agreement about contested issues.  Ongoing litigation and battles in court may have a negative and/or harmful impact on your kids (and wallet!).  When parents are able to prioritize their children’s needs and come to settlement discussions with an open mind instead of holding on to an extreme or inflexible position, parents are able to make better, more rational decisions for their kids.  This is an important indicator that co-parenting will soon become a success for parents.  Attorneys and judges recognize that many parties get easily caught up with “winning” but the parent’s focus should not be on “winning” or “losing” in court.  It should be on the kids, what’s best for them now and in the foreseeable future.

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High Conflict Divorce

The negative impact of high conflict divorce on children is real.  It can be scary, stressful, confusing, frustrating and exhausting.  It can lead to disruptions in comfort and routine, problems at school and create behavior changes and/or aggression and withdrawal.  Such changes may lead to unstructured and unhealthy risk-taking behaviors.  Children may likely suffer a feeling of great loss during this time and have to adjust to anxiety-provoking changes.  They may have to move, change schools, and/or adapt to a new economic situation.  All of these things depend on the age and development of the particular child, as children experience high conflict divorce in different ways.  The good news: you, as a parent, can help your children from experiencing such a negative response to your divorce.  The first thing you need to do is take off the blinders.  Recognize your own behaviors.  Manage your own emotions and learn how to appropriately handle yourself when your spouse pushes your buttons.  You need to do this for yourself and for your children’s well-being.  Most children will be able to adapt to the changes just fine – but it is the responsibility of each parent to make this difficult time as stress-free as possible.  If you don’t know how to stop the negative and harmful behavior – get help now.  Join a support group, talk to a counselor, seek out community resources and do your own research on the harmful effects of this behavior.  You won’t regret it.

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Baby Mama

When you have kids but never married your ex, you still need to consider having an official court order as to parenting time and decision-making responsibility.  The parenting plan and court orders will help to ensure clarity and consistency.  Hopefully you and your ex can figure out a way to co-parent easily but the plan and court orders come in especially handy should things deteriorate between the two of you.  In order to draft your parenting plan, you can agree on what your plan will be.  If there are areas you can’t seem to come together on, consider mediation.  This may be a cost-effective way to reach agreement about your plan.  If mediation fails or if you know that mediation is not an option, consult with a family law attorney about your family and goals.  A family law attorney can advise and represent you with regard to filing for Allocation of Parental Responsibilities (APR).  If you are representing yourself (pro se), look into pro-se legal clinics at the court house or through Colorado Legal Services to help direct you.  If you or your attorney believe a Child & Family Investigator (CFI) will be helpful, you can discuss that option with the other party and the judge.  The CFI would learn about you, your ex and your children and speak with a selection of family and/or others who know you and your kids.  The CFI would provide a recommendation in a written report and may testify as an expert in your case.  To learn about the CFI’s fees or if you would likely qualify for the state to pay those fees, contact the CFI directly.

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The CFI – my new best friend?

Nearly every parent involved in parental responsibility litigation wants to make a good impression upon the Child & Family Investigator appointed in their case.  However, the CFI is not, cannot be, and will not become your new best friend.  The Child and Family Investigator’s role is very clear in that the CFI provides recommendations in the interest of your childThe CFI is not your representative.  She will be performing an investigation for the court, per the court’s orders.  Understandably, each parent wants the CFI’s recommendations and the judge’s order to be in his or her favor.  The CFI will make recommendations in the best interest of your child based upon her investigation and professional opinion after meeting your family, speaking with collaterals and completing the investigation.  That said, there are some things you can and should do to be as prepared as possible for the CFI’s investigation:  Listen carefully to and be honest with your lawyer – even if you have some concerns.  Set aside the time to complete the CFI’s intake forms and related paperwork.  Be honest and cooperative with the CFI – refusing to make evidence and requested documentation available, canceling appointments, failure to provide signed releases of information or payment in a timely manner only make things more difficult (for you, mostly!).  Be respectful – the CFI knows that an investigation into your family and life isn’t exactly your idea of fun.  CFIs perform their role because they are passionate about helping children and families.

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Quality Time

As you already know, playing with and spending quality time with your kids is essential to the relationship you create with them.  It is also essential for their cognitive and emotional development in many ways.  This will mean different things depending on their ages but children and youth of all ages need this time with you.  Regardless of your schedule, you need to set time aside everyday for just you and your kids.  If you have more than one child, it is also important to set special time aside for each child individually.  This can be more challenging when parents separate but it can be done!  Even if you don’t see your kids everyday, your efforts to make the most of the time you do spend together will be more meaningful and memorable.  Get creative with your ideas.  Think about what fun and/or educational activities you will both enjoy.  The changing seasons offer up a great variety of things to do – think of starting your own unique traditions!  What developmentally appropriate projects can you start (and finish) together?  Can you take day trips?  Plant a vegetable garden (may be a great way to encourage kids to eat fresh veggies!), do puzzles, write stories together, fly a kite at the park, pack a picnic and enjoy trips to the playground.  For older kids, find out what they’re into and visit the local museums, catch a play, enjoy the outdoors, sports, cooking – the list goes on!

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Parenting and Mental Illness

A mental health diagnosis does not necessarily preclude a parent from being designated the primary residential caretaker, having parenting time or being allocated decision-making responsibility.  The issue isn’t the illness itself but how the illness impacts that parent’s ability to identify and meet the needs of his or her children on a consistent basis.  If the parent fails to manage her illness and symptoms, fails to understand her triggers, fails to utilize tools and coping skills or fails to understand and meet the needs of her child, there is reasonable cause for concern.  If however, the parent is responsible, able to manage his diagnosis and symptoms, has a history of follow through, utilizes community and professional supports, actively engages in an appropriate treatment plan, understands and demonstrates the ability to meet his children’s needs – there’s no reason the diagnosis alone should preclude or limit his parental involvement.  And that’s good news for the kids.

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Child & Family Investigator

To learn more about my work as a Child & Family Investigator, visit my CFI blog by clicking on the blue CFI blog button located on the Home page.

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You have kids. You’re getting divorced. Keep this in mind…

Divorce is difficult for everyone.  Parents make it even harder on their kids when they continue fighting or pointing fingers in blame.  When parents can’t communicate with each other in a healthy way, the kids suffer.  If parents can’t speak directly for one reason or another, communication through a professional intermediary may become necessary.  Kids who have to tolerate constant arguments or disparaging remarks may become withdrawn, angry, depressed and/or anxious.  Behaviors may change at home or school – grades may plummet as well.  Overcome any temptation to suddenly indulge your child or buy his love – it is counterproductive and may lead to manipulation and other problems.  Help your kids (and yourself!) by reassuring them that they are not responsible for the divorce or separation.  Make sure your children know you want them to have a loving and fulfilling relationship with the other parent.  Kids need consistency so make every effort to be on time during exchanges.  Do your best to come to agreements about discipline.  When you’ve tried to agree about important decisions that affect your kids but don’t get the result you want, try again.  In the end, if parents cannot come to agreements, the appointment of a Child & Family Investigator (CFI) by a judge can help. The CFI will learn about you and your children, consider the issues at hand, provide a recommendation for resolution in a written report and may testify in court as an expert witness.

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Divorce & Children with Disabilities

When parents who have a special needs child divorce, it is imperative that the new routine and environment meets the unique special needs of the child.  For example, frequent changes or transitions between homes may be especially detrimental for a child who has a difficult time dealing with disruptions to her regular routine.  A well thought out plan can help minimize stress for the child and can help to ensure s/he stays on track in school and with regard to behavior at home.  Routines in both homes should compliment each other so that the child feels comfortable and settled despite living in two homes.  Because children with disabilities require special education and/or services, it is critical that parents get on the same page as to what services are available to and beneficial for their child.  Occasionally, one parent may not completely understand his/her child’s needs due to being in denial that the child actually suffers from a disability.  This makes co-parenting more difficult and may send a confusing message to the child, potentially causing unnecessary stress and harm.  Parents should be actively engaged with their child’s care providers, teachers and therapists.  These professionals are great resources for information about services and community activities that can benefit the whole family.

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CFI Lists and New Caps on Fees

Several changes to CFI requirements and practice became effective in 2012.  One major change from previous years is that as of March, CFIs are required to undergo federal background checks and must be approved and listed on a statewide roster maintained by the Colorado State Court Administrator’s Office.  As of July, local counties are publishing their own CFI lists.  A CFI cannot be appointed in your case unless they are on both the local list and statewide roster.  In addition, a CFI cannot accept a state-pay case (where parties meet certain financial guidelines) unless he or she is specifically approved and listed by the Colorado Office of the Child’s Representative (OCR).  Another major change is the state cap that now applies to CFI fees.  Because of the new cap, having a CFI appointed in your case is more affordable than ever.  For specific information about hourly rates and retainers, contact the CFI directly.  Private cases are now capped at $2,000 for investigation and report writing and $500 for testimony and preparation.  Note that the CFI may request excess fees above and beyond the caps in situations where extraordinary circumstances exist.  Caps and excess fees in state-pay cases are set exclusively by the OCR.

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Co-parenting from afar

When one parent lives a significant distance from the other, it can seem difficult for the child and non-residential parent to stay connected, present and involved in each others’ lives.  The good news is that nowadays, there are so many ways to help mitigate the reality that after separation or divorce, one parent moves away.  It is the responsibility of both parents to encourage frequent, healthy and continuing communication between your child and his mommy or daddy.  With some rare exceptions, this communication is what is in the best interest of your child.  Remember that your relationship with your ex is separate and distinct from your child’s relationship with your ex.  There are many creative ways to stay connected.  Several options can be accomplished for a minimal cost.  Subscribe to one of the live video chat software companies out there – Google+, Skype, Instant Messenger or iCall just to name a few.  Set up chat times but be sure to work around the age and development of your child, as well as any nap times, feeding schedules, or extracurricular activities. If you have a young child, you can purchase books that will allow you to record your voice as you “read” aloud to him or her!  Here’s one example: http://www.hallmark.com/online/in-stores/storybooks/recordable-storybooks/.  You can also create personal board books – http://www.pintsizeproductions.com/boardbook-baby.html.  Send photos, arts & crafts, etc. to each other.  Children enjoy receiving phone calls and mail – so don’t forget to utilize the more traditional ways of keeping in touch.  Your efforts and mementos will be cherished and appreciated for years to come!

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See you in court (again)

Even years after divorce or separation, you may find yourself in family court.  Child support, parenting time, decision-making responsibilities – they may need to be officially modified by the judge.  A CFI may be appointed to investigate one or more of the issues at hand and make a recommendation in the best interest of your child.  Circumstances (or your ex!) may have changed from when you initially separated.  Kids continue to develop and as they grow, their needs change too.  Keep adult conversations between adults only – putting your kid in the middle is inappropriate and can be harmful in many ways – impacting them negatively into adulthood.  Learn healthy ways to manage any stress or anger you feel about going back to court.  Identify and use family and friends to support you.  Try your very best to have healthy communication with your ex – consider putting your guard down.  Maybe they will too and maybe you’ll come to some agreements about what is best for your child.  If that is not the case, do your very best to respond timely and maintain a civil tone and approach with your ex and his or her attorney.  Keep any negative feelings you have away from the kids.  Take a deep breath and remember – this too shall pass.

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Parenting Plans

In order to draft the best parenting plan for your children, many factors need to be taken into consideration.  Some relevant information including age, development, routine, relationships, proximity of co-parent and expressed wishes are all important to consider.  Other factors determined by law are analyzed as well.  It is critical to keep in mind the individual needs of each child, determine who can meet those needs and craft the plan around your family in particular.  Parenting plans are not one size fits all!

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How do I get a CFI appointed?

The CFI needs to be appointed by the judge assigned to your case.  If you have an attorney, discuss this option with her.  If you are representing yourself, you can ask the judge to appoint a CFI.  You can ask the judge during a hearing or you can file paperwork to request a CFI.  Check out the link to the CFI Appointment Order posted right here on my blog.  Make sure you understand what it is a CFI does before requesting appointment.  You and your attorney (or you and the judge) can discuss whether or not a CFI will be helpful.  Note that the Court can appoint a CFI on it’s own motion as well.

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What is a CFI anyway?

A CFI (Child & Family Investigator) is appointed by a judge to investigate and make recommendations about contested issues in a family court case.  The CFI’s role is as an investigative arm of the court and is specifically investigating the best interests of the child or children involved.  Although the CFI performs the investigation and makes a recommendation in a written report, it is always the judge who decides what the actual court orders will be.  The CFI may be called as an expert to testify about her report and recommendations.  The CFI’s fees may be allocated by the court to one or both parties in the case or, if a party meets financial guidelines, the state may pay all or a portion of the CFI’s fee – if the CFI accepts state-pay cases.  Once the CFI is appointed, s/he should provide you with intake forms to fill out which will allow the CFI to gather important information relevant to the investigation.  It is a good idea to cooperate with the CFI so that the investigation can happen quickly and go smoothly without the need for additional conferences with the judge or attorneys.

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Mediation

Gabriela is currently accepting clients who wish to mediate their family law dispute involving parenting time and decision-making issues. Mediation is a confidential process whereby a professional neutral assists self-determined parties communicate and better understand their interests in an effort to generate and evaluate new ideas for possible dispute resolution. Parties are empowered when creating their own agreement which would otherwise be left to the judge’s discretion.

Animal Welfare

While Child Welfare Law is progressing from a widely accepted practice to a legal specialization, Animal Welfare Law hasn’t enjoyed as much acceptance in state or federal court houses. However, these times are rapidly changing and many lawyers throughout the United States are delving into Animal Law in one way or another. Gabriela is a true advocate for animals.  Her advocacy is reflected every day in her personal life as well. For example, she maintains a vegan diet which she feels is essential to being a passionate, effective and conscientious legal advocate for animals.

Some animal lawyers distance themselves from the term “animal rights,” seeing themselves, instead, as working within the existing legal system to gain protection for animals. Others are pursuing more sweeping changes and questioning the age-old legal boundaries between animals and humans, a controversial and divisive issue.    

~ Kathryn Alfisi, Esq.

Animal Law encompasses all traditional legal practice areas including torts, contracts, criminal law, trusts & estates, family, constitutional, and property law to name but a few. Although many disputes may involve an animal, a case will involve Animal Welfare specifically if the case is focused on the either the animal’s best interest or animals’ best interest, as a whole. Although the roots of Animal Welfare Law are ancient, this type of practice area is still a relatively new subject in today’s court houses. However, this developing area is growing at a rapid pace and becoming more widespread every day perhaps, in part, due to media coverage of animal cruelty incidents or generous gifts made to benefit animal causes. Increasingly, law schools offer Animal Law courses and legal practitioners are venturing into this field of practice possibly due to the exciting challenge it presents or out of sensitivity toward animals and their plight.

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Child Welfare

Child Welfare includes a variety of issues and case types (Domestic Relations, Dependency & Neglect/PRNP, Juvenile Delinquency, Adoption).  In Gabriela’s current practice, she focuses on domestic relations cases where she serves as a Child and Family Investigator (CFI).  Divorce, separation and disputes regarding allocation of parental responsibilities are stressful events.  In addition to coping with divorce or separation, parents need to be mindful about the impact such family reconfiguration can have on their children.

A CFI is appointed by a judge to assist the court in making the right choices for children, focusing on their best interests.  As a CFI, Gabriela will independently investigate the relevant issues and make recommendations as to parental responsibilities which may include decision-making, parenting time, or relocation.

Regardless of who requests the CFI appointment, the Court may apportion the CFI’s fees and costs to both of the parties, or to one of them.  If either party is indigent, the state of Colorado may pay all or a portion of the fee at the state rate.

The most recent Chief Justice Directive, amended in November 2011, caps the CFI fees at $2000. If the fees are going to be higher than that, the CFI may go back to Court to explain that extraordinary circumstances exist and the additional fee is justified.

 

Dependency & Neglect cases involve the physical, sexual or emotional abuse and neglect of children.  In these cases, a Guardian ad Litem is appointed by the court to perform an independent investigation.  The Department of Human Services is the Petitioner in these cases.  Parents are required to successfully complete a “treatment plan” and the termination of parental rights is a possible outcome.

 

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Death or Injury to Companion Animal

If someone has injured or killed your animal companion, you may be entitled to damages—regardless of whether the animal was injured or killed purposefully or accidentally—so long as the conduct was at least negligent. When an animal is injured or killed, you are generally entitled to compensation for the “market value” of the animal, veterinary bills and possibly punitive damages, mental anguish, and loss of companionship. What compensation is available depends entirely on the facts and circumstances of each case, and differs significantly from state to state.

~ The information above was taken, in part, from the Animal Legal Defense Fund.

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Veterinary Malpractice

According to a USA Today article, courts are bucking centuries of legal decisions that have defined pets as property.  As is the case described in the article, courts have begun to take veterinary malpractice seriously.

Veterinarians are heroes.  They save the lives of animals, they make their livelihood striving to help injured or sick animals regain their health and they work to keep healthy animals well. Veterinarians in Colorado have also been instrumental in key legislation related to animal anti-cruelty laws. We trust our veterinarian and owe much gratitude to the veterinary profession. When we bring our beloved animals to a veterinarian, we trust they are professional, competent, and of course, practice in accordance with the accepted standard level of care owed to our animals and required by law. A trip to the veterinarian’s office is not unlike a trip to the pediatrician.

Unfortunately, some animals do suffer misdiagnosis, inappropriate treatment, incompetence, and/or care below the acceptable standard during their visit to the veterinarian. When this happens, an attorney can help you determine the best next steps for you to take.

Here in Colorado, veterinarians are regulated by the State Board of Veterinary Medicine. Prior to seeking remedies in a Colorado court though, the Board has the authority to hear the matter and render a decision. Among other issues, the Board may hear matters related to incompetence, negligence, or other malpractice in the practice of veterinary medicine. The Board will likely conduct an investigation and may hold a hearing which could end in disciplinary action, suspension, or revocation of a veterinarian’s license to practice. Note that the statute of limitations on actions brought against veterinarians in Colorado is two years from the time the action accrues. If you believe you have a dispute with a public or state entity you are also required to properly notify the designated authority of your intent to sue within 180 days.

Typically, what must be proved in a malpractice or related action is that the veterinarian was under a duty of care toward the animal, that the level of care was below the standard normally acceptable by other professionals in that same field (often called a letter of certification which you must obtain from another vet or vet specialist), that the substandard care was the reason for the injury, and as a result, the injury to the animal resulted in damage to you, the caretaker.

Legal Update

On July 1, 2007, it became mandatory for Colorado veterinarians to report animal cruelty and animal fighting. The new law states that if a veterinarian suspects that s/he is treating an animal that has been subjected to cruelty or animal fighting, it must be reported to the appropriate authorities. The veterinarian is protected by law if the report is made in good faith.

~CACVT Issue Briefing: Mandatory Reporting, December 2007

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Pets & Housing Issues

A variety of issues relating to pet ownership arise in the context of a residential lease or community living. No-pet policies may interfere with your right to care for and live with your companion animal. Depending on your particular situation, you may be able to keep your pet despite a no-pet policy or lease provision. On occasion, no-pet provisions may violate public policy or even state or federal law. Did your landlord say you could have a companion animal despite the contrary lease provision? Did the landlord know you had a pet but didn’t do anything about it until now? Is caring for your pet necessary for your mental or physical health? Were you able to have pets when you moved in and now there is a prohibition on having pets upon renewal of your lease? If any of these issues apply to you, there may be a legal remedy which will allow you to keep your home and your best friend.

For an in-depth exploration of major legal issues relating to companion animals and housing, see “No Pets Allowed: Housing Issues and Companion ♦Animals” (PDF) by Professor Rebecca J. Huss.

Pet Trusts

A pet trust is a legally sanctioned arrangement providing for the care and maintenance of one or more specific pet animals in the event of your disability, death or an extended absence. This way, you know your animals will be in good hands even if you can’t be there to take care of your best friend yourself.

The trust has to name a caretaker to take responsibility of your pet and must also name a trustee to manage the trust fund. The fund is money set aside for the caretaker to follow through on your wishes. The trustee, per your specific instructions, can check in periodically with the caretaker to verify your wishes are being carried out. We can help you decide what sort of arrangements will be best for your animal companions.

Pet Custody

You guard and care for your pet — your furry companion is a living being and proper care is a guardian’s legal and ethical obligation. Pets are an important part of your life. When a relationship comes to an end, you may be left struggling with the decision of who will get to keep your pet – the one you both loved and cared for over time. Just as people argue about custody and responsibility of children, people argue over custody of their pets. If a former couple cannot come to a written agreement about visitation or custody, the courts may settle the dispute according to the needs and interest of the animal however, the trend is to view animals simply as any other piece of property.  Do what you can to keep this issue out of the court room — consider mediation or arbitration when pet custody is the issue.  It is more cost-effective, time efficient and one of the best aspects is that parties can get as creative as they like.  That’s not how this issue plays out in court!

CBS News provided easy-to-understand coverage of Pet Custody in its nightly news. Read the report >

Companion Animals & Domestic Violence

According to Carlisle-Frank & Flanagan, 2006, victims of domestic violence report that animal abuse incidents coincided with acts of violence against family members over 50% of the time. Meaning, it is common for those who face domestic violence to also witness the abuse of their pets. Tragically, pets are physically abused, intimidated, and sometimes killed as a means of extending the abuse of the human victims. Many professionals find that animal abuse may also be an indicator of other violence in the home. Yet when humans seek safety or legal remedies from domestic violence, those aiding them rarely inquire about companion animals in their home. Sadly, victims of domestic violence are often required to separate from their beloved pets in order to escape the abuse.

An act of violence against a family pet or, even threatening an act of violence, is a form of domestic violence and is a violation of Colorado’s criminal code. While the criminal code expressly includes protection of an animal when threats of violence or violent acts toward the animal are used as a method of coercion, control, punishment, intimidation, or revenge, the civil statute is a bit different. The definition of civil protection order can include any provision to protect the victim from imminent danger to life or health. Depending on the situation, the pets may be included in orders of protection so that they, too, can be safely harbored from the abuser. Protecting both the human and companion animal is of utmost importance.

Animal Welfare

Animal law encompasses all traditional legal practice areas including torts, contracts, criminal law, trusts & estates, family, and property law to name but a few. Although many disputes may involve an animal, a case will involve animal welfare specifically if for example, increased protection for the animal is a component of the case or, if challenging the property status of the animal is sought. Although the roots of animal welfare law are ancient, this type of practice area is still a relatively new subject in today’s court houses. However, this developing area is growing at a rapid pace and becoming more widespread every day perhaps, in part, due to media coverage of animal cruelty incidents or generous gifts made to benefit animal causes. Increasingly, law schools offer animal law courses and legal practitioners are venturing into this field of practice possibly due to the exciting challenge it presents or out of sensitivity toward animals and their plight.

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Dependency & Neglect (serving as Guardian ad Litem)

Gabriela Sandoval has experience serving as Guardian ad Litem (GAL) in D&N cases, representing the child’s best interests before the Denver Juvenile Court. In Colorado, the court appoints a GAL on all Dependency & Neglect cases. In these cases, the Department of Human Services files a complaint against parents or a non-parent caretaker of a child based upon neglect or abuse. D&N cases are civil in nature. Some responsibilities of the GAL include:  conducting an independent investigation and representing the legal and “best interests” of the child; determining with whom the child will live and what, if any protection orders should be issued by the court; providing input on treatment plans for parents and child; personally visiting with the child and; filing legal documents on behalf of the child.

In Colorado, a child is neglected or dependent if: A parent or legal custodian has abandoned the child or has mistreated or abused the child or allowed the child to be mistreated or abused without taking lawful means to stop the abuse or mistreatment from happening again; The child lacks proper parental care; The child’s environment is harmful; The parent or legal custodian fails or refuses to provide necessary or proper care, education, medical care, or other necessary care; The child is homeless or without proper care; The child is a run away or otherwise beyond the control of his or her parent or legal custodian; The child tests positive at birth for certain controlled substances; The parent or legal custodian has subjected another child to habitual abuse and that parent or legal custodian has been the respondent in another proceeding where that child was found to be dependent or neglected based on allegations of sexual or physical abuse or the court determined the parent or legal custodian’s abuse or neglect caused the death of another child and the pattern and type of habitual abuse pose a current threat to the child. COLO. REV. STAT. § 19-3-102 (2007). A guardian ad litem is appointed to represent the child’s best interests in all dependency and neglect cases.

~ The above has been taken, in part, from the Colorado Children’s Code.

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