How to Handle Difficult Child Exchanges

The best divorces don’t need lawyers.   I may have said it before on here, and I will say it again.  The best way for a marriage to end (if there is such a thing) is that both people agree on the division of property and parenting time.  Then they submit that to the court, the court stamps it, and they are on their way.  This way hopefully the adults can stay friends, and it puts the least stress on the children.

Sadly, this is not always the case.  Sometimes parents use the children as pawns against the other parent.  They will tell the children hurtful things about the other parent, or they will deliberately be late or early to a drop off.  One of the most frustrating and traumatic things is when the parents fight in front of the children at an exchange.  Think of how scary that must be!  They are already stressed out because they don’t understand why they’re not a family anymore, and then the parents add to it by causing a scene.  No wonder so many children scream and cry at exchanges.

If this is your situation, and you want it to stop, don’t worry.  There are many things that you can do, both large and small, to make it go smoother.

Most people want to rush into the most drastic measures.  This can mean keeping the child away from the other parent or getting a restraining order.  This is NOT  the way to go.  Always try to work things out civilly before going to drastic measures.  (Please note, though, that if your life or health are being seriously threatened by someone who has abused you before, you need to contact an attorney or women’s shelter immediately.  The cycle of domestic violence is much more than these simple problems.)  You can start off with small things first.  If you are currently exchanging at a home, try to move it to a public location.  If there is a park near your home where the kids like to play that is a good option.  Most people behave much better when they are at a place that others can see them.  Along the same lines, you can always have someone present with you to be a witness in case things get out of hand.  That witness tends to make people behave.

If that doesn’t work, try moving to a police station.  I am willing to bet that every police station in the country does child exchanges.  You can’t leave your children there, but you can stand in the lobby and wait for the other person to come in.  This way there is an even better witness present—an officer.  They often have surveillance cameras in the lobby as well.  I have used these videos more than once in trial to prove that the other party starts the fights and is dangerous.  If there is a need the officers can also walk you out to your car.

I have had clients that couldn’t even do a police station.  If that is the case, try to find somewhere that is a supervised exchange location.  Here in Denver it is called the Karlis Center.  The parent who is dropping off the children comes at drop off time.  The center has great staff, play areas, and a play ground outside.  The parent who is leaving can tell the kids goodbye and go.  Then the parent who is picking up the kids comes 15 minutes later and takes them home.  That way the parents don’t even have to be in the same parking lot.  This often fixes the problem, and exchanges can be peaceful again.

Only if you are seriously being threatened should you go get a restraining order.  If you just don’t like to see the other person, or you think they’re just talking, then you should not try. Restraining orders will only be granted for the long term if the other person is currently threatening your health or your life, and you have some way to prove it.  Threatening your property, or just cursing at you, is not enough.   Unless you are really in danger, usually they only serve to make the situation worse.  The other person gets mad at you and then refuses to communicate.  The only way to get through the whole process is by open communication between you, denying the other parent time and contact with the child unnecessarily escalates the conflict.  Keep calm for the sake of your children and take the least drastic measures first.

Do whatever you can to help make the divorce as easy and smooth on your children as possible.

How to Choose the Best Lawyer for You

Picking a lawyer is a very intense and personal process.  Sadly for us lawyers, people rarely come to us when everything in their lives is happy and they are in a good mood.  Typically people hire lawyers when there are at a crisis point in their lives.  They are scared and mad and even feeling emotions that they don’t have a name for.  You end up sharing deep dark secrets with your lawyer, things you wouldn’t tell your parents.  Most of the time you will be dealing with your lawyer for at least six months, often a lot longer.  And on top of all of that, lawyers are expensive!  So it is important that you find a lawyer with whom you feel comfortable and who you can trust to do what is best for you.

 

Here is the average scene: you have decided that you need a lawyer but you don’t know who to hire.  Perhaps you have been trying to do it yourself and find yourself out of your depth.  Perhaps you just don’t even want to try to start it yourself, but leave it to the professionals.  Either way, how do you find a lawyer?  Many people talk with their friends and colleagues to get a referral.  This is my favorite way to get clients.  If you have been referred from someone who has had a good experience then you know that the lawyer has a good reputation and will work hard for you, too.  As a lawyer, I like having referrals because I know that these are people who care enough to ask their friends and contact me.  These people and I also tend to start off even better than someone who found me on the internet—these clients know that they can trust me.

 

But if you don’t have any recommendations, where do you turn?  Where most of us turn for information—the internet.  Many of my clients find me through lawyers.com.  This is a great site that allows you to look at attorneys, compare their experience, history, and reviews, and make a decision.

 

Once you’ve found someone’s website or list page, what do you look for?  Every website will try to tell you that this lawyer is the very best for you, but how do you know?  What you want to do is assess several aspects of the lawyer.  Here are some suggestions of things to consider:

 

Philosophy

 

The most important part of hiring an attorney is making sure that the way that they work is the way you want things done.  Most people think of lawyers as one blob with one stereotype.  But that is the worst way to think about it.  Like every profession there are some lawyers who are jerks.  You can tell if the person you are talking to is a jerk if they do things like not listen to what you are saying, or answer e-mails during your meeting.  The same is true if you are kept waiting to meet with them for more than 10 minutes, or if they do not return your communications promptly.  Any of these things is a sign that you may want to find a different lawyer.

 

There are some lawyers who are very aggressive.  They are the ones who will not give in no matter how much it looks like they are going to lose.  They are the ones who believe that they are right, sometimes in the face of evidence to the contrary.   These types of lawyers have their place.  There are some cases where a lawyer like this will get you the best outcome.  These lawyers are best for criminal defense or a civil lawsuit.  This is also a good kind of lawyer if you are an all-or-nothing personality who is going gung-ho into a case and you do not want to budge one inch on your position.  If this is you, don’t go looking for a lawyer whose main goal is to settle, find one who goes to trial a lot.

 

Some lawyers lean very much toward mediation.  These lawyers are the kind who want to find what everyone will agree to.  They want to avoid trial as much as possible and tend to look at the more realistic side of the situation.  These lawyers are good for people who just want help settling an easy issue, or families who agree that they want a divorce but who just want someone to write up the paperwork.  You can tell if you are talking to this kind of lawyer if they don’t go to trial often, or if it feels like you are in a therapist’s office.  These lawyers are great if you want little argument over the case, or if you are a very peaceful person who hates confrontation.

 

The best kind of philosophy is one that balances these two sides.  Unless there is a good reason to pick one of the extreme kind of lawyers you need to find a lawyer that is in the middle.  This kind of lawyer is one who has a good track record in trial and is not afraid to go into a courtroom to defend you.  But a quality lawyer knows the law and knows the limits of what a judge will give you.  They will be able to work with this knowledge to get you the best possible settlement.  Most cases should settle.  If the parties and attorneys are all reasonable people it is better all around to come to an agreement.  It saves everyone money (going to trial is very expensive) and I can guarantee that you will not be happy with the orders that the judge gives.  Unless you are a very aggressive or a very passive person try to find a lawyer like this.

 

Price vs Experience

 

If money were no object think of the things we could have and the places we could go.  Unfortunately, money is an issue for most of us.  Lawyers are not cheap to hire, and we all have to consider the price and how much we can budget for an attorney.   Much of the time price equates with experience.  If you want an attorney who has been practicing for 20 years expect to pay over $300 an hour for their services.  You can also expect to pay well over $5,000 in a retainer.  Your case may be so complicated that you require an attorney with this kind of experience.  If that is the case then it will be worth it to spend the money.

 

But experience doesn’t always equate with price.  Many large downtown firms will charge you over $200 an hour for the assistance of an attorney who just graduated law school.  If you look at smaller firms that are in the suburbs, or at attorneys who have their own private practice, you can often find much cheaper rates.  These people typically have lower retainers and are much more willing to set up payment plans for you.  Because they are not overloaded with hundreds of clients you will get much more personal service, and much better communication.  You will usually get to talk to the lawyer instead of just the secretary.  So shop around and don’t assume that the most expensive lawyer will be the best choice for you.

 

Conversely, don’t necessarily go for the cheapest lawyer around.  In this economy there are many people who just passed the bar and are well qualified, but who can’t get a job (because there are no jobs to be had).  These people, me included, start off with very low rates compared to other attorneys.  They can be a great value—they will work hard for you for less money.  But be sure that if you have a complicated situation that you get an attorney with enough experience.  Remember that you will be working with this person for a while, and often they hold a lot of power in your life in their hands.  I could have never started this business if it weren’t for people who trusted me when I was new.  So please hire a young attorney, just make sure that they are able to help you as much as you need to be helped.

 

Hourly Rate v. Contingency v. Flat Fee

 

There are three ways a lawyer can get paid—hourly rate, flat rate, or contingency fee.  Hourly rate is what you would expect.  You pay the attorney so much an hour.  This is usually the structure for any kind of case where you will not be getting a bit pay out at the end—like family, business, or criminal law.  This system is the most straight forward, and arguably the most fair.

 

Other cases, like personal injury, malpractice, or disability, lend themselves to contingency fees.  This is the motto “we don’t get paid unless you do.”  The attorney gets a certain percentage of whatever it is that you make at the end—usually 33% of it.  This plan is good if you qualify since you don’t owe much until the end.  The only catch is that usually you will have to put a little bit down with the attorney since the attorney is not allowed to pay your court costs for you.  You will not be refunded this money.  Also ask about what happens if you fire them half of the way through, or if they withdraw.  Often you will owe them for the work that they have done.

 

Other practices, like wills, trusts, or some criminal cases, work on a flat fee.  They will tell you one number for the whole case.  These only work if the attorney knows exactly how much work will go into the case and does not expect to do more than that.  It is a nice system because you always know how much you will be paying.  If you go to a lawyer with this structure make sure that you ask about a situation where the lawyer withdraws or you fire the lawyer.  How much do they get paid for the work that they have done?  You will not get a full refund if you have not reached the conclusion of the case, and you should know the breakdown.  I like flat fees for preparing wills or planning documents, it is often to the advantage of both people.

 

No way of getting paid is necessarily better than the others, you should know what your options are as well as the parameters of the agreement.

 

Location

 

While location should not be a determining factor, it does play a role.  Remember that you will have to meet with the lawyer during the day at least a few times.  Pick someone who either will be flexible with their schedule or who is close enough to you that you can go meet them with little trouble.   And don’t forget to look in the suburbs—you will often get very good attorneys for a fraction of the cost of a down town lawyer.

 

Professional Sanctions

 

Lawyers can get in trouble with the bar association.  Make sure that you check your state supreme court website to see if your lawyer has ever been in any professional trouble.  If they have, see if you can link to the decision from the court and what the punishment was.  While  a professional sanction does not mean that you should not hire the attorney, it does mean that you should be fully informed about the situation before you go to speak with him or her.

 

Your Gut Feeling

 

Always trust your instinct.  I have found that if I listen when I feel uneasy about something I avoid a lot of trouble.  It’s very important that you meet with your lawyer in person.  You should talk to him or her, and get to know them as a person.  If you don’t feel comfortable then find someone else.  You will be having a long and personal relationship with your lawyer, find someone you are comfortable with.

 

Some questions to ask your potential lawyer:

 

  1. What is your philosophy?  Do you try to settle cases or do you always go to court?  Do you go to court when necessary?
  2. How quickly do you respond to my communications?
  3. How do you work with other attorneys and other parties?
  4. Will you always tell me the whole truth, or will you try to hide the unpleasant parts?
  5. What is your retainer and hourly rate?  What happens when I deplete my retainer?  Do you have payment plans?  Do you have a sliding scale for low income clients?
  6. How many clients do you have on average?
  7. How much will I be communicating with the secretary and how much will be with you?
  8. How many hearings and trials have you done in the last 6 months?  How did they turn out?
  9. What is the payment plan?  What happens if you withdraw or I fire you in the middle of the case?
  10. Is there anything in particular about my case that you will be good at?
  11. Why should I choose you as my attorney instead of someone else?

 

Don’t just hire the first lawyer you find.  Meet with many, or at least call them, and see who fits you best.

 

Disclaimer: Nothing on this page is intended as legal advice, and should not be taken as legal advice.  If you have a question you should consult with a lawyer.  Meggin is certified to practice law only in the state of Colorado.  Because of Colorado’s specific and often progressive laws this information will probably not apply to any other state.  If you live in another state you should consult with a lawyer near you.  This post does not confer any attorney client relationship, and no such relationship is formed until you and I have entered into an express contract.  If you have any questions about any information on my blog please contact me at Meggin at MRutherfordLaw.com .

Why “Parenting Time” and not “Custody”

Family law in Colorado is different than almost anywhere else in the country.  We are blessed with an active and progressive bar association and bench (lawyers and judges) that takes an active role in making the law as good as possible.  Don’t get me wrong, it is certainly not perfect.  But it is much better than many other states out there.  One of the big differences in Colorado is that we don’t have “custody“, we have “parenting time” and “decision making.”

When I first heard this in law school I thought it was silly.  What does the name matter?  What we’re talking about is who has the kids, isn’t it the same either way?  Turns out that it is much more than a name.   When a parent has custody in the traditional sense it is an all or nothing matter.  The parent who is awarded custody has most of the time with the child and has the right to make all of the decisions without having to consult with the other parent.  That means that a parent who looses custody really is cut out of a lot of the child’s life.  So it makes sense that the parents would fight tooth and nail to get to have custody of the kids.  Who wants to be cut out of their child’s life?

Allowing a judge to decide parenting time and decision making separately means that it is not an all or nothing battle.  Even if one parent only gets every other weekend, he or she can still be involved in making decisions for the child like where they go to school or what medical procedures to approve with the doctor.  That way even if the parent doesn’t get to see the child much they still get to be an active part of their lives.

Language also makes a huge difference.  My professor (the excellent Prof. Clarie Huntington who sadly left CU for greener pastures) said that Colorado attorneys who were around when the terminology changed reported that just changing the words had a huge effect on the parents and the courts.  They realized that the point of caring for children is sharing the responsibility between the parents.  Just using a different term made all the difference in the world.  And it’s true when you think of it.  Colorado lawyers, courts and CFIs all now refer to it as a parent enjoying parenting time, or exercising parenting time, not a parent having custody.  Having custody is a possessive word, it seems like noone else can have it if you have it.  However, if you are exercising or enjoying your parenting time, you are sharing the time with the child with the other parent.  And in most situations that is as it should be.

Remember that while you are ending your relationship with your significant other your child still sees that other person as their father or mother.  It is important that you as the parent as us as lawyers foster a good relationship with both parents.  Only then will the child grow up to be a healthy, whole person.

Disclaimer: Nothing on this page is intended as legal advice, and should not be taken as legal advice.  If you have a question you should consult with a lawyer.  Meggin is certified to practice law only in the state of Colorado.  Because of Colorado’s specific and often progressive laws this information will probably not apply to any other state.  If you live in another state you should consult with a lawyer near you.  This post does not confer any attorney client relationship, and no such relationship is formed until you and I have entered into an express contract.  If you have any questions about any information on my blog please contact me at Meggin at MRutherfordLaw.com .

Adoption–YAY!

I love the show Modern Family.  If you have a family you should watch it.  They do such a good job at capturing all of the little things that happen between people who love each other and sometimes want to strangle each other.  That, and you don’t go an episode without explosive laughter more than once.  The reason that I mention this is because when I went to type in the title of this week’s post I remembered  a scene from the show.  For those of you who have not yet experienced the hilarity, one of the families involved is a gay couple who adopted a little girl from Vietnam.  Mitch is the traditional “male” role who is a lawyer and brings home the bacon.  Cam is a big guy who you just want to hug (and who used to be a football player) and who is the “stay at home mom.”  He hears on Oprah about a girl who found out she was adopted when she was a teenager and had a bad reaction.  So he wants to make sure that Lily, their daughter, knows that adoption is a good thing.  So every time anyone says the word “adopt” he goes “YAY!!!” and claps his hands, and then goes back to normal conversation.  He is hoping to make a positive connection for Lily.  By the end of the show they say “adopt” and Lily claps her hands.

Adoption really is one of the happiest things that can happen to your family.  I think that it is equal to having a new baby.  You are giving a home to a child who needs one, or you are solidifying your family by making the step parent a full parent.  Anytime you make or grow a family it is such a happy occasion.  As a lawyer, I don’t get to help with very many happy occasions, so I am always ecstatic to be able to assist with adoptions.

There are many different forms of adoptions and each requires different legal methods to ensure that they are done properly.  Some examples include: (1) adoption of an unrelated child through a system (like social services or an adoption agency), (2) adoption of an unrelated child not through a system (so a friend or someone you know), (3) adoption of a related child (for example: a grand parent adoption) through a system or not, (4) adoption of a foreign child (always through an agency), (5) adoption of step children, or (6) adult adoption.

Because there are so many different aspects to these issues I am going to address them individually over time.  This episode features the kind of adoption that is most sought after: the newborn adoption.

There are many ways of families connecting in order to complete an adoption.  Sometimes a mother knows that she does not want to keep the child, but personally knows someone who wants a child.  In that case they do not need to go through an agency to find a home for the baby.  Often, though, prospective families and mothers will go through an agency to find each other.  If that is the case, the agency will do all of the paperwork for you.

The most important aspect of adoption is ensuring that the biological parent(s) of the child have terminated their parental rights either by choice or by state action.  Every parent has the constitutional right the the “care and custody” of their child.  This means that unless the parent shows a complete lack of ability to care for the child, or the parent signs away their rights voluntarily, then the parent gets to keep rights to their children.  If you are adopting a child from the state social services system the parent’s rights have already been terminated (or, if you are fostering to adopt, they are in the process of being terminated.)

Once the biological parent(s) has decided that she wants to go through adoption she needs to know what process will happen to transfer the child from her to the new parents.  There are very different procedures for each method (whether you go through an agency or you don’t), and you need to make sure that you are following the correct rules.  If you choose to go through the state or an adoption agency then you can get an expedited process.  If you are doing it without an agency then you need to make sure that you know the steps and that everything is done correctly.  It will take longer, but it could be less expensive.  If you are not going through an agency I strongly recommend that you use an attorney.  If you do not do every step properly and then five years later the mother changes her mind, you could be stuck in a very long legal battle.

If you choose not to use an agency then you will have to do several things.  The mother will have to attend adoption counseling that is approved by the courts.  During this counseling she will learn about her options outside of giving up the baby, and how the community and the state can help support her if she keeps the child.  She will also learn how permanent her decision is and the long term effects on her and the child.  If she decides after learning all of these things that she still wants to give up the child then the counselor will sign a paper for the courts saying that she knows what she is doing.  The mother will then also have to sign an affidavit that says that she has learned many specific things and she still wants to give up the baby.

In Colorado a mother can surrender her child at birth, or even before, either to the state, an adoption agency, or another person for adoption.  If the mother and the prospective adoptive parents are going through an agency then they can get an expedited process through the courts.  With the proper affidavits, counseling, and preparation before the birth of the baby they can have the adoption done in about two weeks after the baby is born.  The birth mother can even sign the affidavit stating that she wishes to surrender the child before the child is born, and then the agency will complete the required paperwork as soon as they can.

There is a safeguard, though, to ensure that the mother is not bound to surrender her child after it is born if she doesn’t want to.  Imagine that you are a young girl who thinks she wants to give away the baby.  But then she has the baby and in the rush of actually seeing the little one decides that she does want to try to make it work.  Because of that situation the law states that the agency or potential adoptive parents cannot file the petition for adoption until four days after the baby is born.  This gives the mother the chance to decide whether she wants to keep the baby after she has had the chance to see it.

But lets not forget about fathers here.  Our culture often overlooks the important roll that fathers play in children’s lives.  Fathers are not supposed to want to keep the baby if the mother does not want to.  But many good men may decide that they want to raise their child if the mother is not able, or willing, to do so.  For this reason there are requirements of notice to the father.  If the mother knows who the father is she must tell the agency or prospective adoptive parents.  They must then notify the father of the prospect of the child being adopted and give him the chance to step up.  If he chooses not to take the child, then his rights have been terminated.  There are many other scenarios that may happen with giving notice to the father, and your situation may be unique.  Always consult with a lawyer if you are unsure of what should happen with the father of a prospective adoptive newborn.

Adoption is such a happy process, even if it can be bittersweet.  If you are considering an adoption make sure that you consult with an attorney or with a licensed adoptions facility to make sure you are doing everything correctly.  I wish you the best in this journey.

Disclaimer: Nothing on this page is intended as legal advice, and should not be taken as legal advice.  If you have a question you should consult with a lawyer.  Meggin is certified to practice law only in the state of Colorado.  Because of Colorado’s specific and often progressive laws this information will probably not apply to any other state.  If you live in another state you should consult with a lawyer near you.  This post does not confer any attorney client relationship, and no such relationship is formed until you and I have entered into an express contract.  If you have any questions about any information on my blog please contact me at Meggin at MRutherfordLaw.com .

 

How to Do Your Own Divorce

Colorado is a great state to live in.  We have fresh air, beautiful mountains, and great people.  We are also fortunate to have a great bar association and judicial system.  These two groups got together to make forms and instructions for filing your own legal case, and then they put them online for everyone.

There is only one problem.  As much as they tried the whole thing is still overwhelming.  There are so many unfamiliar words, and so many little steps to follow.  It’s hard to know if you are doing the right thing, or what it is you are supposed to file.  Some people muddle through, but years later find out that they messed something up, or didn’t address all of the issues that the judge needed to make an order about.  If you find that you want additional help, or want to make sure that everything is done right the first time, I would be happy to help you. Otherwise, I hope that this summary can guide you through the process.

There are a few cases that I believe can be done without a lawyer.  These cases are ones where (1) both people agree that they want a divorce and agree about how the property should be divided, (2) there are no children of the marriage, or (3) there is not much property to fight about.  If you have any children involved in the case or any significant property (a retirement account, real estate, etc) then you should have an attorney involved.

Since I have done many of these cases I have figured out that doing a divorce or a child custody case breaks down into four steps–(1) Initial Paperwork, (2) Financial Information, (3) Settlement Offer and (4) Final Hearing/Trial.  The following is just a brief summary of the basic steps to get a divorce or to finalize an allocation of parental responsibilities case, and more detailed information is available at The Colorado Courts Website.

Step 1: Initial Paperwork.  This is actually quite simple.  You fill out the blanks, make sure you have all the right pages, and then take it to the court and file it with the clerk.  After that, you have to have your ex served with the papers.  You can have the sheriff do it, or you can hire a company to do it.  An attorney can even tell you how to save money and have a friend do it for free.

Step 2: Financial Information.  After you turn in the initial paperwork the court will give you a case management order.  This tells you what it is that you need to do in the next 40 days.  It can be hard to understand, but an attorney can explain it all to you if you choose.  The next 40 days are all about getting together your financial information.  The court will tell you where to find the forms you need to fill out.  You will have to do the Sworn Financial Statement, the supplement to the statement if necessary, as well as send your ex a copy of a lot of information.  You want to be sure that you give your ex all of the correct information.

You also need to make sure that you attend the parenting class if there are children involved in the case.  Each county accepts different classes, so check with your county to see what class you need to take.  You may not like being forced to take  a class, but you should make sure that you pay attention.  The separation of you and your ex is probably the hardest thing the child has ever had to deal with.  Children handle hurt and confusion very differently than adults do, and it may be hard for them to cope.  This class will teach you the very basics of how to do the best thing for your children.

Step 3: Settlement Offer: It is ALWAYS better for you and your ex to agree to what will happen than to let the judge decide.  I have never had a case where either side has been happy with what the judge decided after a trial.  If you don’t have an attorney you can use the state form about the separation agreement and parenting plan.  Fill out what you want to do and then go and talk to your ex about it.  Hopefully you can come to a decision together.  Note that it is very important that you address all of the variations of parenting
time and decision making that you can think of, it will help you later.  If you can come to an agreement, just fill out the form with what you agree to and get it signed and notarized.

You should be aware, though, that the state form does not cover all of the things that may come up in the future.  I have had several clients who come to me a couple of years after they filled out the state form and realize that they didn’t talk about some very important topics.  An attorney knows what is important to include that the state form does not.

Step 4: Final Hearing/Trial.  If you have come to an agreement then your final hearing will be very easy.  You will just take the paperwork to the judge and as long as both of you agree the judge will grant your decree.  However, if you must go to trial, there are some things that you should know.
Did you know that you as a lay person are held to the same standards as a lawyer in trial?  That means that you are supposed to know all of the rules, all of the objections, and all of the procedure.  If you mess up in trial it can come back to bite you later.  Make sure that you know your rights and the procedure so that you get the best result possible.

I hope that this brief summary of the steps of getting a divorce has helped you.  While doing a divorce yourself is difficult, it is doable.  If you find yourself overwhelmed please contact me.  I love helping people like understand the legal system and get the best outcome possible.

Disclaimer: Nothing on this page is intended as legal advice, and should not be taken as legal advice.  If you have a question you should consult with a lawyer.  Meggin is certified to practice law only in the state of Colorado.  Because of Colorado’s specific and often progressive laws this information will probably not apply to any other state.  If you live in another state you should consult with a lawyer near you.  This post does not confer any attorney client relationship, and no such relationship is formed until you and I have entered into an express contract.  If you have any questions about any information on my blog please contact me at Meggin at MRutherfordLaw.com .

About Meggin and the Rutherford Law Center

Welcome to the blog for The Rutherford Law Center–Your Family’s Lawyer.

If you are stumbling upon this through Facebook or the magic of the internet, and you haven’t met me or read my webpage, let me introduce myself.  I am an attorney who started her own business in early 2010 to help families like yours with the typical legal problems that families face.

I am from a family of proud Colorado pioneers, but moved with my family to Texas as a child. I grew up in Amarillo. I was an active member of the local 4-H club wmye I participated in events from food and nutrition and sewing, to livestock, dog obedience, and horse training. I also volunteered much of my time to various community groups. I was also an active member of the American Quarter Horse Association, participating in community events and volunteering to educate inner-city youth about western heritage. In high school I became impassioned with speech and debate, and ranked in the top tiers of students at both the state and national level. These experiences lead to what I love to do today – use my persuasive skills to protect those in need.

I attended the small liberal arts university Austin College in Sherman, TX.   I was an active member of the pre-law society, the Leadership Institute, and the Student Development Board. I helped found and grow the Austin College Law Day. I had the incredible experience of being able to travel to 9 countries on 5 continents while a student. (If you want a good story ask about being in a broken down bus on the edge of the Sahara on the way back from Timbuktu).

I always wanted to move back to Colorado, and I got the chance when I was awarded a full-tuition scholarship to the University of Colorado Law School. While studying, I participated in the Doman International Law Society, the Student Trial Lawyers Society, and many mock trials and moot court events. I graduated in the top half of my class. I passed the bar in 2009, and opened my own practice in early 2010. I love being able to help people and learning new things every day.

Each case and each day is a great new adventure. I particularly enjoy being able to help people who really need my help. My goal is to make the whole court procedure understandable to every client, and help every client reach the best possible result for their family. I have practiced in the areas of family law, wills and trusts, probate, elder law, criminal law, and civil law.

I received many awards and held many positions while in school. These include: Phi Beta Kappa. President and Secretary, Pre-Law Society. Recipient, Bernard J. Seeman Scholarship. Author: “Justice Sandra Day O’Connor: Feminist or Feminine jurisprudence?” Pi Sigma Alpha Chi Political Science Journal. Top Oralist, 2009 Carrigan Cup Mock Trial Competition, University of Colorado Law School, Boulder, Colorado. Top Grade Earner, Motions Advocacy, University of Colorado Law School, Boulder, Colorado. Participant, Regional Competition for Jessup International law Moot Court, University of Colorado Law School, Boulder, Colorado. Law Clerk/Intern, Judge Madden, Colorado Second District, January 2010-June 2010, January 2009-April 2009, May 2007-August 2007. Trial Intern/Appellate Intern, Jefferson County District Attorney’s Office Supervisors: Candace Black and Donna Reid, August 2007-May 2009. Constitutional Law Tutor. Member, Student Trial Lawyers Association; Women’s Law Caucus and Doman International Law Society.

I look forward to talking with you in person and getting to know you.