Fighting Over Child Custody

David Siegel: But it’s very important to note, though, if one’s custody is established and it’s in writing and part of an order, it’s not that easy to change it. Not quickly.

Jesse Barrientes: No.

David Siegel: Explain that.

Jesse Barrientes: Well, after – not a temporary, after a permanent custody order, there is within the first two years if you’re trying to change custody – let’s say the wife was awarded custody and now six months later or a year later the husband wants to try to get custody and goes in on a petition and he can’t. And by the way, you’re going to go through the same process we talked about. Mediation, possibly a GAL, possibly evaluations, you know it just depends. They have to prove endangerment by clear and convincing evidence. So that means it’s a very hard burden to show endangerment.

David Siegel: Well, let’s say mother is smoking pot and she has people over and they’re doing prostitution out of the house, and the child is living there.

Jesse Barrientes: Right.

David Siegel: Would that be a basis for endangerment of the child?

Jesse Barrientes: I sure think that it would be. And then you’d have to prove it. Again by clear and convincing evidence. Which is a step – you know we have different levels of evidence. We have by preponderance which means more likely than not. You know, more than 50 percent. We have in the criminal cases beyond a reasonable doubt. And then somewhere in between there is the clear and convincing. It’s a higher standard.

David Siegel: I found in my practice as a divorce lawyer in Aurora, Jesse, and you might concur with this. The people who fight over custody the most are the ones that cannot afford it based on the current system that’s in place. It’s not designed for average people to fight for custody. It’s for very wealthy people to fight for custody and blow all their money on experts and court fees.

Jesse Barrientes: Yeah, it is extraordinarily expensive to have a custody battle. And you know there are different reasons why people do it. People do it because legitimate they believe it’s in their best interests. They want their children. Unfortunately, though, sometimes it’s because I either want child support or I don’t want to have to pay it. And that happens a lot too. Sometimes there’s unequal bargaining position and you can go in and try to get attorney’s fees to level the playing field but what will happen is you’re going to continue to go and battle and if there is any marital assets, I can tell you that’s going to go to the attorneys and that’s going to go to the experts and to those other folks that are going to be involved.

Divorce Book

Child custody

Written response on a child custody filing

Custody agreements

Parenting class requirement

Divorce court costs & fees

Guardian ad litem cost

604B evaluation

Fighting over child custody

Visitation

Rule to show cause

Custody Formal Hearing