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Archive for November, 2008

Colorado Child Custody Relocation

Thursday, November 27th, 2008

Colorado child custody relocation law has established new procedure for relocation of children. If you majority parenting time, you should not relocate without following the rules. The results could prove harmful.

What does Colorado relocation law require me to do?

As a practical matter, child custody and relocation rules require a parent seeking to relocate must send a written request to the other parent with the intent to relocate. The relocating parent must provide the location of the new home, reasons why you want to relocate and a suggested parenting plan.   Seeking a child custody lawyer can be beneficial because an analysis of the best interest of the child must take place. Parents don’t always know how to make this legal analysis. Reasons for Child Relocation Often times, your employment may require a transfer, you might be in the military or you may be simply seeking to relocate for other reasons. In any event, you can not make a sole determination of the legal validity and just act on it.

Child custody requires a serious analysis of what is best for the child and not simply your priorities. If you need assistance or representation in a child custody relocation, contact our office at (720) 941 7200 and speak to Lorraine Stark.

Federal SBA Size Protest

Thursday, November 27th, 2008

Size Protests, Size Determinations, and SBA Appeals Lawyers

 Aggressively Protecting or Defending Small Businesses’  Rights in Affiliation Protests.

 

Size Standard Appeal Representation: Watson & Associates, LLC represents small businesses in a wide range of high-stakes size protest litigation nationwide, particularly matters that raise issues at about sba size protest affiliation determination appeal lawyersaffiliation (Ostensible Subcontractor Rule), affiliation through ownership, identity of interests and other allegations of violating Size Standards. Small businesses get the benefit of obtaining cost-effective resolutions from attorneys that have been on the other side. Clients can feel comfortable with our skill when attacking mistakes made by government officials. Our government contracts law firm has extensive experience handling size protests before the Small Business Administration (SBA) or size protest appeals before SBAOHA.

 

Our clients include SBA 8a companies, service disabled veteran owned businesses and other socio-economic categories. Clients originate from various industry groups including information technology (IT), construction companies engaged in teaming agreements, aerospace, medical and more. Small businesses clients hire us to litigate and defend them in size protest and appealing adverse rulings from the SBA to Office of Hearing and Appeals.  The firm can help you with size protest decisions that stem  from varying perspectives to include:

  • Affiliation through ownership
  • Negative control
  • Indirect ownership through third parties
  • The present effect rule
  • Common management
  • Identity of interest (family members etc.)
  • Common investments
  • Ostensible Subcontractor Rule…and more

 

Zealous Advocacy and Litigation: When litigating or defending size protests, your rights are protected through creative legal and factual analysis and strategy coupled with zealous advocacy. Sometimes that means wining at the initial stages of the bid protest. Sometimes it means winning through motion practice. Sometimes it means litigating issues on appeal or negotiating a favorable settlement that avoids litigation risk and expense. Sometimes it means counseling on issues so that the client can avoid size protest litigation altogether. You can also benefit from the firm’s strong small business regulatory and public policy practices. Our multidisciplinary approach to government contracting enables us to draw on the technical experience of our size protest lawyers to develop creative defenses and pursue every avenue to resolve your’ problems. See recent case where Watson & Associates overturn SBA affiliation decision.

 

Survive SBA Size Protest Investigations: If your company recently lost competition for a federal small business set-aside contract, Theodore Watson & Associates’ government contract attorneys can help to file or defend a size protest on your behalf. The U.S. Small Business Administration (SBA) will investigate your company’s small business size status. Therefore, you want to avoid the deadly land mines that may weaken your case. Our law firm has successfully helped contractors to challenge or defend allegations of violating the Ostensible Subcontractor Rule. Therefore, we have the necessary experience and skill to help you. Our protest attorney will help you to:

  • Properly respond to or file your size protest
  • Aggressively fight for your rights
  • Assess the reason for the size protest
  • Ensure you have standing
  • Draft and file the appropriate pleadings
  • Support your position with case law
  • Address common ownership challenges
  • Prepare necessary exhibits
  • Address the Ostensible Subcontractor Rule challenges

 

Violating the NAICs Size Standards Can be Devastating

Government contractors often join forces to compete for government contracts. This is often accomplished by using teaming agreements under FAR 9.6. Having a properly drafted teaming agreement by a federal procurement lawyer can minimize the risk a bid protest due to violating the NAICs size standards. Our law firm will review your documents for adequacy and legal sufficiency.

The result of an improperly-drafted teaming agreement could be that the SBA deems you “affiliated” with the other company under the Ostensible Subcontractor Rule. This is grounds for overturning the award.

 

As a small business, you must be aware of the Small Business Size Regulation and Methodology and Use of Size Standards for Government Procurement. In government contracting, a contracting officer analyzes a small business’ size by referring to 13 C.F.R. 121. However, you can be caught in a situation where you are teaming with another business (usually a large business) where instances of affiliation may be present. This is where a government contracts attorney that understands the NAICS size standard rules can help you.

 

Size Protests in General

Understanding the process is critical: When you bid on a government contract, the agency will generally accept the small business’ certification as being small. However, your size determination can be challenged in a bid protest to the contracting officer or to the SBA. When the SBA investigates your small business size, the contracting officer must accept the SBA determination as final. Protecting your rights is critical because you can end up waiving them on appeal. Having a size protest attorney may then allow you to appeal to the SBA Office of Hearing and Appeals (SBAOHA).

Size protest defense can become problematic when you wait until the appeal stage to hire an attorney. This is true simply because your initial response to the SBA can be already damaged. Always consider retaining a size protest attorney that is familiar with SBA NAICs Standards and the Ostensible Subcontractor Rule.

 

Who can File a Size Protest?

Not just anyone can file a bid protest. Having standing to file a Size bid protest is critical at the beginning stage. In order for you to file a small business size protest, you must show that you have standing. As a small business you should have submitted a proposal as a prime contractor and must not have been eliminated from the competition. In addition, government contractors should have some reasonable grounds to challenge the size standard. The bid protest lawyers at Theodore Watson & Associates can help you with this analysis.

 

The following parties can file an SBA size protest.

  • Unsuccessful Offeror
  • Contracting Officer
  • SBA Government Contracting Area Office
  • Other Interested Parties
  • Other Government Officials

 

Size Appeals

You are facing short protest and appeal deadlines: The SBA area office makes initial size determinations within very tight time constraints (usually within 10 days of receiving a protest). Area office determinations may be appealed to the SBA Office of Hearing and Appeals at SBA headquarters in Washington, D.C. by any of the interested parties (there is no legal right to an appeal.)

 

An appeal for a size determination must begin by serving and filing an appeal petition in writing. The following lists the basic rules for appeals:

  • If the appeal is for a size determination in procurement or pending government property sale, then the appeal petition must be served and filed within 15 calendar days after the size determination was made.
  • If the appeal is for a size determination other than one in a pending procurement or pending government property sale, then the appeal petition must be served and filed within 30 calendar days after the size determination was made.
  • An untimely appeal will be dismissed.

 

The SBA Office of Hearing and Appeals will do a standard review of the appeal, issue a decision containing the facts and the conclusion that was made based on the appeal, and notify in writing all parties involved. This is the final decision of the SBA. To understand your appeal rights, call our government contract attorneys for immediate help at 1-866-601-5518.

 

The Ostensible Subcontractor Rule

The silent weapon – be aware of the Ostensible Subcontractor Rule: Under 13 C.F.R. 121.103, a contractor and its ostensible subcontractor are treated as joint venturers, and therefore affiliates, for size determination purposes. An ostensible subcontractor is a subcontractor that performs primary and vital requirements of a contract, or of an order under a multiple award schedule contract, or a subcontractor upon which the prime contractor is unusually reliant.

 

All aspects of the relationship between the prime and subcontractor are considered, including, but not limited to, the terms of the proposal (such as contract management, technical responsibilities, and the percentage of subcontracted work), agreements between the prime and subcontractor (such as bonding assistance or the teaming agreement), and whether the subcontractor is the incumbent contractor and is ineligible to submit a proposal because it exceeds the applicable size standard for that solicitation. Given the fact that a lucrative contract is at stake, you should seriously consider retaining a government contract law firm that understands the law. Call Watson & Associates for immediate help at 1-866-601-5518.

 

Learn How to Avoid Costly Size Bid Protest Mistakes

As government contract bid protest lawyers, we often find that protestors sometimes make costly mistakes when filing a SBA size determination protest. The following are some key practices to avoid.

  • Never file a size standard protest to GAO
  • Never file a protest after 5 days of being aware of the size deficiency
  • Never make general allegations without support
  • Never file based upon “information and belief.” You should provide specific facts about the business in question

 

In determining the business’ size, the SBA counts the receipts, employees, or other measure of size of the concern whose size is at issue and all of its domestic and foreign affiliates, regardless of whether the affiliates are organized for profit. Ensure that you provide adequate responses and documents in the initial SBA investigation.

 

Exceptions to Affiliation

When filing a request for size determination, you or your bid protest lawyer should be aware that certain business concerns are exempt from affiliation rules. This includes:

 

  •  Business concerns owned in whole or substantial part by investment companies licensed, or development companies qualifying, under the Small Business Investment Act of 1958, as amended, are not considered affiliates of such investment companies or development companies.
  •  Business concerns owned and controlled by Indian Tribes, Alaska Native Corporations (ANCs) organized pursuant to the Alaska Native Claims Settlement Act, Native Hawaiian Organizations (NHOs), Community Development Corporations (CDCs), or wholly-owned entities of Indian Tribes, ANCs, NHOs, or CDCs are not considered affiliates of such entities.

 

NAICS Size Standard – Control & Affiliation

Control is the underlying target in this type of bid protest: Businesses and entities are affiliates of each other when one controls or has the power to control the other, or a third party or parties controls or has the power to control both. It does not matter whether control is exercised, so long as the power to control exists. The Small Business Administration (SBA) considers factors such as ownership, management, previous relationships with or ties to another business, and contractual relationships, in determining whether affiliation exists.

 

Control may be affirmative or negative: Negative control includes, but is not limited to, instances where a minority shareholder has the ability, under the business’ charter, by-laws, or shareholder’s agreement, to prevent a quorum or otherwise block action by the board of directors or shareholders.

NAICS Size Standard Affiliation may be found where an individual, concern, or entity exercises control indirectly through a third party.

 

In determining whether affiliation exists, the SBA will consider the totality of the circumstances, and may find affiliation even though no single factor is sufficient to constitute affiliation. At Watson & Associates LLC, our bid protest attorneys understand the slippery slope. Giving up a lucrative contract is usually devastating experience.

 

Nationwide Representation

Regardless of your state, our law firm can help. Our attorneys can represent you in a small business size protest in Denver, Washington D.C., Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and Virgin Islands. Cities include: San Diego, Dallas, Miami, Atlanta, Anchorage, San Francisco, Denver, Colorado Springs, Indianapolis, Austin, San Antonio, Philadelphia, Santa Clara, San Jose and Chicago.

 

Contact us for Immediate Help

If you need help bringing or defending an SBA NAICS size standard protest, contact online or call the Theodore Watson & Associates’ law firm at 866-601-5518.

Colorado Business Law FAQs

Wednesday, November 19th, 2008

colorado business law

As a current or new Colorado business, there are some basic points that you must know about the law. Legal issues lurk in the horizon and you must be aware of the pitfalls that await you. The following FAQ’s are derived from the Colorado secretary of state.

 

From the Colorado Secretary of State

What is an Annual report? Why do I have to file one?
Reporting entities are required by law to submit an Annual Report each year with the Secretary of State. For more information, see § 7-90-501, C.R.S. A reporting entity is able to update the current name and address of its registered agent and its principal office address by submitting an Annual Report. Submitting the Annual Report also maintains the Good Standing of the entity with the Secretary of State.

How do I find out if I need to file an Annual Report?
To determine whether an entity is required to submit an Annual Report, select “Search business database” in the Business Center of the Secretary of State Web site. You can choose to search by entity name or ID number for the entity’s record. The entity’s Summary page will display the Annual Report Month. If the entity is a reporting entity and an Annual Report is due, “File Annual Report” will be an available transaction under the “File a Document” option. An Annual Report may be filed online two months prior to the Annual Report Month listed on the Summary page for the reporting entity.

Annual Reports can be filed online for a reduced fee. Reports filed online are “real time,” avoiding any delays and extra expense caused by mailing and/or processing.

What is the difference between a Limited Liability Partnership and a Limited Liability Limited Partnership?
In 1995, new legislation allowed general partnerships to register with the Secretary of State as limited liability partnerships. By statute, the partnership becomes a reporting entity and is subject to annual reporting requirements after the general partnership registers with the Secretary of State as a limited liability partnership. A limited partnership on record with the Secretary of State may register as a limited liability limited partnership. A limited liability limited partnership is required to file an annual report.

What is a foreign business entity?
A foreign business entity is an entity formed under a statute or common law in a jurisdiction other than Colorado, for example, another state or country. Foreign entities are recognized under the law of Colorado after the foreign entity files a Statement of Foreign Entity Authority.

How does a foreign entity file in Colorado if the entity’s name in its home state is not available in Colorado?
If a foreign entity’s true name (its name in its home jurisdiction) is not available in Colorado, the foreign entity will be required to select an assumed entity name for use in Colorado. The assumed name will be the entity name used to transact business in Colorado

What is a registered agent? Can anyone be a registered agent?
Most entities in the records of the Secretary of State must maintain a registered agent. The registered agent is the individual or business responsible for accepting service of process for an entity. They also accept mailings from the Secretary of State, such as the Annual Report notification. Such person should then forward the documents to the entity.

Restrictions are placed on who can be appointed as a registered agent. Any domestic entity whose usual place of business is in Colorado can be appointed as a registered agent; foreign entities must have both the authority to transact business in Colorado and a usual place of business in Colorado in order to be appointed as a registered agent. For an individual to be appointed as a registered agent, he or she must be at least 18 years of age and have his or her primary residence in Colorado. Additionally, either the individual or business appointed as registered agent must consent to the appointment. As of July 1, 2004, an entity may serve as its own agent. The Secretary of State cannot be appointed as a registered agent for service of process. You may appoint only one individual or business entity to act as a registered agent for your entity. For more information, see § 7-90-102 (55), (56) and (56.5), C.R.S. and § 7-90-701.

If you are a new or exisiting Colorado buiness that needs legal guidance from experienced lawyers, Contact the Denver attorneys at Watson & Associates, LLC. Call  Toll Free 1-866-601-5518.

Government Contracts Marketing

Wednesday, November 19th, 2008

Government contracting is by far the most lucrative source of revenue for small businesses across the United States. However, when it comes to marketing, many contractors dive into this ‘deep sea’ of strong currents’ hoping to make millions of dollars without any guidance, or at a minimum, using traditional marketing techniques for government contracts; This is tantamount to ‘suicide’ in the government contracting world.

Marketing to the government is not the same a in the commercial sector

You never can market to the government using commercial techniques.

It simply doesn’t work. As a government contract consultant and attorney, I frequently advise clients that they must have a marketing plan for government contracts and another for commercial contracts. Web pages should have clear links for the two distinct areas.

How do I decide what agencies to market my services to?

As government consultants, we provide our clients with solid data by agency as to who has bought your service or product. This eliminates the guesswork and channels energy and dollars in geographical areas where agencies are actually spending moneys.

Why should I hire a government contract consultant?

Large Corporations and large federal contractors are successful because they do just that – have competent advisors on their team. Unfortunately a bachelor’s degree or masters degree in marketing does not automatically make a you a genius in government contracts marketing.

For one to be efficient and successful in this unique area, he or she must also know the federal procurement rules and the boundaries for which government-contracting officials have latitude.

The old days of ‘getting in good with the user’ are gone. Given the tough economy, the federal government is seeking more competitive bids and RFPs. In fact, more and more contractors are getting into hot water for ethics violations with government personnel.

Tell the government how you can solve problems or save taxpayers dollars

As a former government small business executive, I listened to hundreds of government contractors tell me how great their product or service is and then simultaneously asked me how they can get federal contracts.

Marketing materials with awards and best contractor sometimes wins the government over. However, never just rely on this in marketing materials or presentations. The SBA sometimes provide training on government contracts. However, this training is often referred to as “canned.”

What has proven to be a good approach is to research industry problems in other agencies, or commercial sectors and bring them up in presentations or marketing materials. This shows you not just a potential contractor but as a potential contractor that can solve problems.

Know the agency mission

My experience with federal government contracting programs gave me the unfortunate experience of speaking with corporate CEO’s who had no clue as to the agency mission but still wanted to know what contracts were available to his or her company.

This blunder can cause loss of credibility to your organization (although the government official will never tell you this to your face).

As contractors always seek counsel to protect your reputation avoid litigation

Federal contractors go after contracts (sometimes win) and are excited about awards. However, I have spoken to numerous small and medium contractors to see whether they said legal counsel on board.

To my surprise, many of the contractors responded: “we have been fortunate to never have to call upon an attorney for help.” Not only was this amazing to me but it really peaked my curiosity as to the owner’s entrepreneurial skills.

Imagine the risks associated with performing $25 million in government contracts that are wallowed in FAR clauses and C.F.Rs that you have no clue what they mean. What happens when something goes wrong and you are now terminated for convenience?

This unfortunately becomes very expensive and time consuming. Once your reputation is harmed in government contracting, the scars are deep.

Taking short cuts to avoid having attorneys guide you though the maize of government contract laws not only shows poor business judgment but also it shows a high-risk contractor.

This was once discussed, during a source selection of a $10M contract, when the contracting officer reviewed the RFP and response/ with a focus on the offeror’ staffing plan. Contact us online or Call us at (720) 941 7200 if you need experienced consultants to assist in your government contracting ventures

Are Small Businesses Getting a Fair Share of Government Contracts?

Wednesday, November 19th, 2008

Small Business Government Contracts

Are small Businesses Getting Their Fair Share of Government Contracts?

Unfortunately, they don’t. The real question is why not? There is some analysis to this unfortunate result. First, large projects appear to be out of the reach of small businesses – or so they think. Small business should attempt to seek out teaming partners to plan for the big projects ahead of time.

Contracting Officers and government contract officials frown on small businesses that attempt to bid on the larger projects. If you choose to bid on larger projects you may want to propose a possible staffing plan. This could increase your chances of getting a government contract.

Other concerns include the fact the many small businesses simply do not understand how to respond to government contract proposals or solicitations. Although this can be an expensive process, contractors actually spend more man-hours writing responses that would never put them in the competitive range to be considered for award.

If you are a small business and are serious about getting government contracts, then you also have to learn how the game is played. Our firm engages with many contractors across the United States that need help o be successful. Failure to take this simply leaves the large businesses to take advantage of the situation. Get help if you want to compete.

Service Disabled Veteran Contracts

Wednesday, November 19th, 2008

Government Contracts and Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBC)

 

Theodore Watson, Government Contract AttorneyService disabled veteran owned small buisiness contracts

The Veterans Entrepreneurship and Small Business Development Act of 1999 (Public Law 106-50) established an annual government-wide goal of not less than 3% of the total value of all prime contract and subcontract awards for participation by small business concerns owned and controlled by service-disabled veterans.

On December 16, 2003, the Veterans Benefits Act of 2003 (Public Law 108-183) was passed by Congress. Section 308 of the Act (Public Law 108-183) established a procurement program for Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBC). This procurement program provides that federal contracting officers may restrict competition to SDVOSBCs and award a sole source or set-aside contract where certain criteria are met.

The Small Business Administration has issued an interim final rule, establishing a Service-Disabled Veteran-Owned Small Business Concern Program. This program establishes the criteria to be used in federal contracting to determine service-disabled veteran status; business ownership and control requirements; guidelines for establishing sole source and set-aside procurement opportunities; and protest and appeal procedures for SDVOSBC procurements.

 

Purpose of the SDVOSBC Program

The purpose of the Service-Disabled Veteran-Owned Small Business Concern Procurement Program is to provide procuring agencies with the authority to set acquisitions aside for exclusive competition among service-disabled veteran-owned small business concerns, as well as the authority to make sole source awards to service-disabled veteran-owned small business concerns if certain conditions are met. (See Code of Federal Regulations (CFR) 13 C.F.R. § 125.8-125.10).

Eligibility

In order to be eligible for the SDVOSBC, you and your business must meet the following criteria:

  • The Service Disabled Veteran (SDV) must have a service-connected disability that has been determined by the Department of Veterans Affairs or Department of Defense
  • The SDVOSBC must be small under the North American Industry Classification System (NAICS) code assigned to the procurement
  • The SDV must unconditionally own 51% of the SDVOSBC
  • The SDVO must control the management and daily operations of the SDVOSBC
  • The SDV must hold the highest officer position in the SDVOSBC

 

Is it Realistic to get Service Disabled Veteran Contracts as a Small Business?

 Like any business venture, there must be strategic planning and serious commitment to being a government contractor.  Your status alone does not automatically entitle you to a million –dollar contract. Instead, you must meet the basic requirements mentioned above and still demonstrate your ability to perform. Many large businesses are seeking out service disabled small business for teaming agreements and joint venture contracting opportunities. Federal procurement law allows these types of relationship. However, disabled business owners fall short of understanding the law. Thus exposing themselves to legal liability. Having an experienced government contracts attorney can save you a lot of embarrassment and legal liability.

 

The federal government has heightened the focus on government contract awards to service disabled veteran owned business throughout the United States.  The general FAR rules state:

 

Subpart 19.14-Service-Disabled Veteran-Owned Small Business Procurement Program

 

19.1401  General.

 

(a) The Veterans Benefit Act of 2003 (15 U.S.C. 657f) created the procurement program for small business concerns owned and controlled by service-disabled veterans (commonly referred to as the “Service-Disabled Veteran-owned Small Business (SDVOSB) Procurement Program”).

 

(b) The purpose of the Service-Disabled Veteran-Owned Small Business Program is to provide Federal contracting assistance to service-disabled veteran-owned small business concerns.

 

19.1402  Applicability.

 

The procedures in this subpart apply to all Federal agencies that employ one or more contracting officers.

 

19.1403  Status as a service-disabled veteran-owned small business concern.

 

(a) Status as a service-disabled veteran-owned small business concern is determined in accordance with 13 CFR Parts 125.8 through 125.13; also see 19.307.

 

(b) At the time that a service-disabled veteran-owned small business concern submits its offer, it must represent to the contracting officer that it is a-

 

(1) Service-disabled veteran-owned small business concern; and

 

(2) Small business concern under the North American Industry Classification System (NAICS) code assigned to the procurement.

 

(c) A joint venture may be considered a service-disabled veteran owned small business concern if-

 

(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the representations in paragraph (b) of this section;

 

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement;

 

(3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101; and

 

(4) The joint venture meets the requirements of 13 CFR 125.15(b).

 

(d) Any service-disabled

 

Many businesses make the dangerous mistake of falling prey to large businesses seeking government contracting relationships solely for the purpose of using the service disabled status. There is real genuine relationship involved. As a small business, you must tread these waters lightly. Bid protest are on the rise with GAO and you do not want to get caught up in any fraudulent activity with the government.

 

What can you do to better your chances of acquiring veteran-owned government contracts?

 

1. You want to get legal representation to develop compliant teaming agreements with the federal rules

 

2. Retain a government contracts attorney to act on your behalf with another business seeking to develop a relationships

 

3. If you are a new small business, ensure that you have someone on your team that understands federal procurement rules and legal matters

 

4 If you are approached by a large business, you must understand the you are typically the prime contractor and may be ultimately responsible for the contract. The stakes are high in the event of default.

 

5 Watch for teaming agreements that give large business control over the situation. The ostensible contractor rule is alive and well.Having guidance in this area reduces SBA size protests.

 

6. Know what your capability is and your limits.

 

If you need legal assistance or consulting services in federal service disabled veteran government contracts, contact Theodore Watson & Associates online

or call 720.941.7200 or call toll free 1-866-601-5518 today.

Colorado Child Custody Tips

Wednesday, November 19th, 2008

IF you are going through a divorce or child custody dispute in Colorado, there certain things you can do to form an amicable result, reduce attorney fees and improve the future of your children’s relationships with each parent.

  1. Talk to the other parent in a clear and non-hostile manner and address visitation schedules, time for pick ups and decisions about critical parts of the child’s life
  2. Understand that both of you will not agree on every term. Be prepared to compromise.
  3. Focus on the best interest of the child and not your own individual motives. The court will ultimately conclude if any agreement meets the best interest standard.
  4. Ensure that you retain an attorney that can guide you, listen to your concerns but can still advise you on what a Colorado family law judge must review to decide child custody issues
  5. Do not make a unilateral decision to keep the child away from the other parent. This is ‘suicide’ in your child custody case.

 

 Get competent legal counsel to help you make informed decisions that impact your children’s future.

 

Child’s Life

You must show a genuine interest in the child’s well being in Colorado Ensure that you tell your family law attorney how you have done this over the child’s lifetime. These are important factors when litigation a child custody case. If you plan on relocating out of state with the children, then this becomes a delicate issue with the court You must advise your lawyer and focus on the fact that the other parent still has rights.

 

Intent of Colorado Legislatures for Child Custody Laws.
(14-10-124)

Colorado laws state that it is in the best interest of all parties to encourage frequent and continuing contact between each parent and the minor children of the marriage after the parents have separated or dissolved their marriage. In order to effectuate this goal, Colorado laws and lawmakers urge parents to share the rights and responsibilities of child rearing and to encourage the love, affection, and contact between the children and the parents.

 

Parenting Plans

In cases involving child custody (whether contested or uncontested), both parties must submit a parenting plan or plans for the court’s approval that shall address both physical custody and visitation, and the allocation of decision-making responsibilities. If no parenting plan is submitted or if the court does not approve a submitted parenting plan, the court, on its own motion, shall formulate a parenting plan that shall address physical custody and visitation and the allocation of decision-making responsibilities.

 

Colorado Laws on Best Interest of the Child

The court shall determine the allocation of parental responsibilities, including physical custody and visitation, and decision-making responsibilities, in accordance with the best interests of the child giving paramount consideration to the physical, mental, and emotional conditions and needs of the child. In determining the best interests of the child for purposes of custody, the court shall consider all relevant factors, including the following guidelines under Colorado laws:

1. The wishes of the child’s parents as to custody;

2. The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the custody and visitation schedule;

3. The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s best interests;

4. The child’s adjustment to his or her home, school, and community;

5. The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time;

6. The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party;

7. Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support;

8. The physical proximity of the parties to each other as this relates to the practical considerations of parenting time;

9. Whether one of the parties has been a perpetrator of child abuse or neglect, which shall be supported by credible evidence;

10. Whether one of the parties has been a perpetrator of spouse abuse, which factor shall be supported by credible evidence; and

11. The ability of each party to place the needs of the child ahead of his or her own needs.

Colorado Legal Custody Laws

The court, upon the motion of either party or its own motion, shall allocate the decision-making responsibilities between the parties based upon the best interests of the child. The court may award decision-making responsibilities (legal custody) solely to one parent or jointly between the two parents. In determining the best interests of the child for purposes of allocating decision-making responsibilities, the court shall consider, in addition to the factors listed above, the following:

1. Credible evidence of the ability of the parties to cooperate and to make decisions jointly;

2. Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support that would indicate an ability as mutual decision makers to provide a positive and nourishing relationship with the child;

3. Whether an allocation of mutual decision-making responsibility on any one or a number of issues will promote more frequent or continuing contact between the child and each of the parties;

4. Whether one of the parties has been a perpetrator of child abuse or neglect that is supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of child abuse or neglect, then it shall not be in the best interests of the child to allocate mutual decision-making with respect to any issue over the objection of the other party or the representative of the child;

5. Whether one of the parties has been a perpetrator of spouse abuse that is supported by credible evidence. If the court makes a finding of fact that one of the parties has been a perpetrator of spouse abuse, then joint custody over the objection of the other party shall not be in the best interests of the child, unless the court finds that the parties are able to make shared decisions about their children without physical confrontation and in a place and manner that is not a danger to the abused party or the child.

The court shall not consider conduct of a party that does not affect that party’s relationship to the child, and shall not presume that any person is better able to serve the best interests of the child because of that person’s sex. If a party is absent or leaves home because of spouse abuse by the other party, such absence or leaving shall not be a factor in determining the best interests of the child.

Medical Emergencies.

In the event of a medical emergency, either party shall be allowed to obtain necessary medical treatment for the minor child or children without being in violation of the order allocating decision-making responsibility or in contempt of court.

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If your divorce is uncontested, our Denver custody lawyers will guide you through the process from beginning to end. Call us to learn more about how our divorce and family law practice can help you. Call toll Free 1-866-601-5518.

 

If you are seeking competent counsel, Contact the Colorado child custody lawyers at Theodore Watson and Associates for a free initial consultation at 720.941.7200.

Important Colorado divorce information

Wednesday, November 19th, 2008

To file for a divorce in Colorado you must have resided in the state for at least 90 days prior to the filing of your case. As grounds for your case you must allege that the marriage is irretrievably broken. This means that there is no way that you all will get back together. Watson & Associates educates family law clients on what to expect when you file for a Colorado divorce.

What happens after the action is filed?

Colorado divorce law implements an automatic restraining order. Good divorce attorneys will instruct you not to close bank accounts, sell property or move the children out of state. The penalties can be pretty stiff and it will harm the result of your case. If you know that is occurring you should bring this to the attention of your attorney immediately.

The divorce process. How long does it take?

A Colorado divorce court will not grant a divorce until at least 90 days after filing. Having said this, the may be various contested matters such as child custody, marital property or other family law disputes. This just increased the wait time.

You should find an attorney that can help you minimize divorce disputes. This reduces the time that the court has to get involved.

What happens when you can’t agree on terms?

The answer is simple. The court does it for you. During a divorce proceeding, your divorce attorney should focus on resolving matters. Sometimes, you the client may have to compromise. Why? The court may solve the problem in a fashion that you may not like. Remember, comprise means that someone has to give up something and not all or nothing. Contact one of our Denver divorce lawyers today for immediate help or call 720.941.7200.

Child Support

Tuesday, November 18th, 2008

Colorado child support  can be tricky.  Parents sometimes have to deal with child support enforcement for out of state cases and local. However, the central concern for fathers in Colorado is whether a mother can prevent parenting time ( formerly child custody) if he does not pay child support. Generally, the answer is no. Child support and child custody are separate legal issues. 

How Much Child Support Must You Pay?

Colorado child supportlaw is statutory. The general approach is that the gross income of both parents are tabulated and a formula is applied that depends upon how many children are involved. There are other variables such as daycare and the amount of overnights  that can impact the amount of child support paid.

What About Previous Child Support Orders?

Generally, Colorado courts will consider previous child support orders when calculating current child support obligations. You should have an experienced Denver child support lawyer explain how this works.

What are the implications for failure to pay child support?

Colorado child support law is very strict. Failure to pay child support can impact such things as:

  • Driving privileges
  • Income tax returns
  • Job applications
  • Incarceration

 

What Are the Jurisdictional Requirements?

Colorado child support law requires to the court to have jurisdiction over the person obligated to pay child support. Having a competent child support lawyer can resolve complex issues later on. If you are dealing with a child support enforcement and wondering if Colorado has jurisdiction over you, contact a Denver child support attorney for immediate assistance.

 

Modification

Colorado child support laws allows for modification to an existing court order given certain legal requirements. The Watson team fills out the appropriate forms to modify child support and gives you guidance and education throughout the process. Contact one of our Denver child support attorneys to help you today.

 

Out of State Matters

If you are out of state and need legal representation for child support enforcement, you can call upon the Watson team at anytime to help you through the process. The child support guidelines are set and the law allows Colorado to enforce other state support orders if they are filed in a Colorado court.

Call Watson & Associates to help you today at 720-941-7200 or contact us online.

Government Contract Teaming Arrangements

Tuesday, November 18th, 2008

Many government contract protest nowadays are geared toward subcontracting practices, teaming and joint ventures. Each NAICS code as a limitation as to whether or not you are considered a small business for government contract award purposes. Failure adhere to the is rules puts you squarely before the SBA to defend a size protest.

This no fun because you typically have three days to respond. You have to either take your chances or hire a bid protest attorney to assist you. Sometimes, there is not much that the attorney can do. The bid is already over. The best thing to do is get advice and guidance on structuring a strong joint venture agreement or subcontracting agreement before submitting the bid.

The most common challenge is based on the  ostensible contractor rule. The SBA requires you to fill out SBA Form 355. This allows for analysis on business ownership.

The ostensible contractor rule can be decided by the totality of the circumstances or analysis of the following factors:

  • Who will manage the contract
  • Which party possesses the requisite background and expertise to carry out the contract?
  • Who chased the contract?
  • what degree of collaboration was there on the bid?
  • Are there any discrete tasks to be performed or is there a commingling of personnel or material?
  • What is the relative amount of work to be performed by each?
  • Which party performs the most complex and costly part of the contract functions?

Many times government contractors innocently submit bids thinking that the only thing it has to do is 51% of the work. This can be a fatal mistake. Our bid protest lawyers have frequently found this to be the trend among government contractors .

In order to avoid the possibility of a bid protest, you may want to ensure that your agreements are in place and scrutinized under the rules of federal procurement. Remember, spending a few thousand dollars can save you a million dollar contract.