FAMILY LAW PRACTICE AREAS
Fighting For Justice For Arapahoe and Douglas County Families
Welcome to Kelli J. Malcolm family law firm! We are proud to serve the families of Arapahoe and Douglas Counties, fighting for the best outcome in even the most difficult situations. Whether your family is facing divorce and custody concerns or you need guidance regarding grandparent rights, our experienced legal team can help. Contact us to schedule your complimentary consultation today.
THE MALCOLM DIFFERENCE
Understanding and Highly Ethical
"I recently had a simple divorce case blow up and became very complicated. Kelli was outstanding, understanding, highly ethical and knew how to solve the situation. The best part? I called one lawyer. I called Kelli first and knew right away she was the one and we would work well together. Thank you Kelli!"
— Oli A.
Family's Best Interest at Heart
"Kelli was amazing to work with. She had my best interest at heart the whole time. I would strongly recommend her to anyone in need of any kind of family law advice or representation."
— Zachariah K.
Compassionate and Skilled
"Kelli Malcolm restored my faith in attorneys. She is a compassionate, focused and skilled lawyer who brought a balanced approach to the legal process. I searched specifically for a Christian attorney and because she is also a minister, I found in her a partner who helped me make both sound financial decisions and solid spiritual choices. I am forever grateful to her for her sincere care, legal wisdom, and spiritual leadership during a very difficult time."
— Linda S.
Colorado is a common law state, meaning that couples do not need to go through the formal marriage process to establish a legal union. While this makes things easier for couples who commit to each other but don’t want the pomp and circumstance of a legal marriage and wedding, it can also make things murky…Read More
If you are married and you and your spouse want to split, you have two main options in the state of Colorado — dissolution of marriage and legal separation. When most people think about legal separation, they consider it a stepping stone to divorce, but, in fact, it is its own entity. Legal separation is…Read More
States take different approaches in determining to whom the property belongs when it is acquired during the marriage. Obviously, the property that one acquired before marriage belongs to that person. However, any increase of separate property value is considered marital property and is subject to division. What happens to a spouse’s property upon divorce in…Read More
DIVORCE AND LEGAL SEPARATION
Divorce is the legal process of severing all financial aspects and inheritance rights between two people who are married. If they have children together, a divorce will also set up a plan defining parenting time, decision-making and child support. Somewhat different from a divorce, a legal separation is a process whereby all property, assets, and debts are divided, without the legal dissolution of marriage. If there are children, a parenting plan will also be established. However, unlike a divorce, a legal separation does not terminate inheritance rights and many times insurance coverage can remain in place. Legal separation essentially allows a couple to access the benefits of both marriage and separation.
Many times, people use this term to refer to having the ability to make all decisions concerning their child, including how much time the other parent can spend with the child. However, legally, that is not what child custody means or is. “Child custody” is no longer used in Colorado and has been replaced by the term “decision-making” and it is part of the concept called “parental responsibilities,” which includes not only decision-making but also parenting time.
At the Law Offices of Kelli J. Malcolm, in line with Colorado State Law, our family legal team fights for the best interest of the child, which rarely includes sole custody or decision making authority being granted to one parent. We will work with you and your co-parent to establish a plan that works for your family and offers the greatest benefit to your children.
Regardless of the relationship or legal status between the parents of the child, they each hold a financial obligation to support their children’s needs. Child support is owed by both parents to the child’s living expenses and is calculated based on gross income, parental responsibility terms, and the financial need of the children. While each parent may pay a different amount based on their individual situation, the child support funds are intended to support the child, not the other parent.
At the Law Offices of Kelli J. Malcolm, our legal team works hard to advocate for the best outcome for the children. We can work with you and your co-parent to determine the financial needs of your children and how those needs will be met from each parent. Our experienced legal team can also help with adjustments and modifications to child support orders.
DEPENDENCY AND NEGLECT
Dependency and Neglect cases are filed by the State of Colorado when the Department of Human Services believes that children are being abused or neglected by their caretakers. Every child has the right to be safe and cared for and the Law Office of Kelli J. Malcolm aggressively defends that right for the children of Colorado. We work closely with the guardian ad litem (GAL), caseworker, and the court-appointed special advocate (CASA) to advocate for the welfare of the child. We realize what a trying time dependency and neglect cases may be for families who face court-ordered separation. Our legal team works with compassion to protect the integrity and safety of all Arapahoe and Douglas County families.
Spousal maintenance, previously referred to as alimony, is a financial payment made by one spouse to another one based upon the length of the marriage and the financial circumstances surrounding both parties after property and debt have been allocated in a divorce or legal separation proceeding. Spousal maintenance may be temporary during the divorce proceedings or can last for years based on your marital circumstances. Many factors are taken into consideration and spousal maintenance may be modified as circumstances for either or both parties change. At the Law Offices of Kelli J. Malcolm, we can help you better understand spousal maintenance laws and calculate equitable maintenance plans.
Modifications are changes to orders that have been issued by a court in either a divorce proceeding or an allocation of parental responsibilities proceeding. Some of the changes that can be requested include the amount of child support, the amount of parenting time, and decision making responsibility, as well as the amount of spousal maintenance paid. Modifications are appropriate when life circumstances and financial needs change and the legal team at Kelli J. Malcolm is here to advocate for the best interests of all parties involved.
A civil protection order, also referred to as a restraining order, is a court order initiated to protect a person from threats or acts of violence, harassment, or abuse. Protection orders can be sought through a court when a person believes that they are in imminent danger because of another person’s actions. Victims or law enforcement officers can request protection orders based on the unique situation. At the Law Offices of Kelli J. Malcolm, we believe that all people deserve to live safely and free from the threat of harm. We aggressively defend those who are at risk or have been abused and will help protect you and your family. For a family attorney who is genuinely concerned with your welfare, contact our compassionate legal team today.
Child relocation issues occur when one parent desires to move to a geographical location that would hamper the other parent’s ability to exercise their parenting time on a regular basis. Former spouses are not obligated to live near each other, but determining the best interests of the child should be at the forefront of any move or relocation negotiation. One parent cannot simply move away from the other without legal permission and modifying the allocation of parental responsibilities. The legal team at the Law Office of Kelli J. Malcolm can help your family come to terms that work in the best interests of the children and protecting the integrity of the family.
Grandparent rights are not automatic in Colorado. However, there are circumstances where a grandparent may be awarded actual parenting time and/or decision-making responsibility for their grandchild. Additionally, Colorado family law recognizes the importance of the bond between grandchild and grandparent and facilitates the right to allow the right for grandparents to foster relationships with grandchildren regardless of the relationship between the parents and grandchild and the grandparents and the grandchild’s parents.
At the Law Offices of Kelli J. Malcolm, we believe in protecting the best interests of all of Colorado’s children. We can help you advocate for the right to be in your grandchild’s life or negotiate custody agreements if you are the guardian ad litem or want to help prevent your grandchild from entering the Colorado foster system.
ALLOCATION OF PARENTAL RESPONSIBILITIES
Allocation of Parental Responsibilities is the legal process that applies when unmarried parties with children want to live separately. Parental responsibilities are broken into two parts — decision making and parenting time. The first part is decision-making, which used to be called child custody, and the other part is called parenting time, which used to be called visitation. The state of Colorado recognizes the importance of facilitating and protecting the relationship the child has with both parents and rarely is sole custody or sole decision-making awarded to a single parent.
At the Law Offices of Kelli J. Malcolm, we fight for the best interests of the child and will aggressively defend their right to be safe, cared for, and to have a relationship with each parent. We can help you navigate child custody and child support as well as other issues including relocation, grandparent rights, and modifications.
If you are experiencing any form of intimate partner abuse, child abuse, or another form of domestic violence, it is important to seek safety from immidiate danger for you and your children. Under Colorado law, victims of domestic violence are afforded certain rights and protections Family or domestic violence can influence the outcome of divorce proceedings, child custody arrangements, and sentencing for conviction of a violent crime. If you are the victim of family violence or have been accused of domestic violence, we can help.
The compassionate legal team at Kelli J. Malcolm believes that every person deserves to be safe and free from abuse. When you contact us, we will do everything we can to defend your best interests and the welfare of your family.
Contact Us Today!
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Whether or not your parents got divorced, your mother probably spent more time bathing, dressing, and toilet training you when you were a young child than your father did. When you were in school, your mother probably knew more details than your father about your classwork and classmates. Whether because of social expectations or by…Read More
Just because you and your spouse have decided to get divorced, or just because your spouse has filed for divorce even though you were still hoping to reconcile, it does not necessarily mean that you have to be enemies. Having an amicable co-parenting relationship with your former spouse is an admirable goal, and so is…Read More
No one wants to hear their spouse say that they want a divorce, even if they have been unhappy in their marriage for a long time. Perhaps you were still holding onto hope that you and your spouse could resolve your differences, or maybe you had already separated and started treating each other like enemies,…Read More