Family Law

Barbara Lavender, Attorney at Law

Since 1986, I have represented individuals in all aspects of family law. My practice has always emphasized and promoted resolution of divorce and separation matters with the least possible conflict and expense, and with primary consideration to the best interests of the children, if any. My focus on this approach predated the subsequent development among family law practitioners in the direction of reduced conflict divorces. It has always been my practice, and experience, that my clients are best served by avoiding the expensive high-conflict approach, which reduces the marital funds, without resulting in a better outcome for the client.

The services I provide include:

Prenuptial and Antenuptial Agreements

Couples who wish to preserve their right to property they own prior to marriage, or otherwise maintain separate interests during the marriage, can enter into binding legal agreements under the Colorado Marital Agreement Act. These agreements can be prenuptial, before the wedding, or antenuptial, after the wedding, as long as the agreement is created when the couple is happily married, and before a divorce is being contemplated.

My practice is to thoroughly discuss all relevant matters with my client, and explain the ways in which Colorado law defines their rights upon marriage, to determine exactly how each client wishes to modify those rights and obligations. I then draft each agreement to incorporate those specific intentions.

Divorce and Post-Divorce Matters

I represent clients in all aspects of divorce, including property division, maintenance, and child-related issues. In cases involving domestic violence, I represent my client in getting protective orders from the court. I also represent clients in post-divorce matters, generally concerning modification of parental responsibilities or child support, or the enforcement of judgments.

Clients may choose the level of involvement and representation that they prefer, and can best afford. In some cases, I provided limited representation, providing legal advice and counsel, and other specific services requested by the client, without becoming the official "attorney of record." In those cases, my clients choose to avoid the need to pay a retainer fee, and take responsibility for other aspects of the case, themselves.

In other cases, my client consults with me, and I provide him or her with complete analysis and advice regarding their case. I then assist the client in choosing the most appropriate mediator to assist the couple in negotiating their issues directly between them. Provided both parties have received thorough professional counsel, this approach is the least expensive or conflicted way for a couple to divorce. After agreement has been reached through mediation, my client often consults me to advise them as to the fairness of their agreement and/or to draft the agreement in the proper form to submit to the court.

In some cases, these lower-profile forms of legal representation are not sufficient, for various reasons. In such cases, I officially enter my appearance with the court. Because I then become responsible for complying with all court requirements, I require a retainer fee in advance of entering my appearance. However, in these cases also, it remains my practice to resolve all matters with a minimum of antagonism and expense, while securing for my client the best possible outcome, under the circumstances.

Allocation of Parental Responsibilities (formerly "Custody")

The experience of the divorce of one's parents has a strong impact on children. Although, unfortunately, nearly half of all children go through this experience, some of them suffer much less than others, with the most important factor being the level of conflict between the parents - children of a high-conflict divorce, with on-going, post-divorce conflict, may experience long-standing negative impacts, while children of cooperative divorce and post-divorce co-parenting may maintain a healthy, balanced, pattern of development. It has, therefore, been my consistent practice to facilitate resolution of parenting issues in a manner that best protects the welfare of the children, and that minimizes conflict between the parents.

As a member of the Boulder Interdisciplinary Committee (IDC), I maintain my continuing education regarding all aspects of child welfare, particularly in the context of divorce. The IDC is a committee comprising attorneys and mental health processionals, all of whom specialize in matters of parenting through and after divorce. Our presentations and discussions include the latest research and studies that track the welfare of children in different circumstances, and yield guidelines for establishing the best possible structures, to reduce the negative impacts of divorce on children. I consider it an important aspect of my practice to counsel my clients and refer them to mediators who are qualified to best serve them in arranging for their post-divorce parenting arrangements.

Parental Rights

When an unmarried couple conceives a child together, one or both of them may wish to establish the parentage of the father. In some cases, more than one man may be a possible parent, and the identity of the father must be established. In these circumstances, I represent the mother, the known father, or a presumed father, in the proceedings to establish legal parentage of the child.

Grandparent Rights

In Colorado, it is possible, with limitations, for a grandparent to obtain the right to contact with a grandchild. A grandparent who has resided with the child, and taken responsibility for raising the child, may also, when appropriate, obtain the authority to make custodial decisions on the child's behalf. I represent grandparents in both circumstances, to protect their relationships with their grandchildren.

Barbara Lavender, PC
Attorney at Law
595 Canyon Boulevard
Boulder, CO 80302
Phone: 303-443-3326
Fax: 303-443-0560

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My practice includes the full range of family law services, including prenuptial and antenuptial agreements, all aspects of divorce, allocation of parental responsibilities (formerly known as custody), step-parent adoptions, grandparent rights, and estate planning. I also provide family law and estate planning services to gays and lesbians, including parental rights (for couples residing anywhere in Colorado), allocation of parental rights, sperm donor agreements, surrogacy agreements, gay and lesbian "divorce," domestic partnership agreements, wills, trusts, and powers of attorney.