Children First Family Law

Grandma has been raising her grandson for months. She feeds him, gets him to school, sits with him when he’s scared at two in the morning. Then a school secretary looks at his birth certificate, doesn’t see her name, and asks a question that stops her cold: are you his legal guardian ? In this episode of the Children First Family Law Podcast, Krista Nash talks with Colorado attorney Lisa Shellenberger, managing partner at Setter Roche Smith & Shellenberger, LLP, who practices at the intersection of domestic relations, juvenile law, and probate guardianship. Lisa and Krista walk through what happens when someone other than a parent needs real legal authority to care for a child, and why the wrong choice of legal path at the outset can cost a family months of unnecessary conflict. Guardianship and Custody Solve Different Problems Most family lawyers instinctively file in domestic court, the venue most people associate with divorce and custody. But as Lisa explains, tha...

Krista Nash welcomes back Dr. Karey O’Hara for this episode, following up on research first introduced on an earlier visit to the podcast. Parents going through separation or divorce are often told that conflict is bad for their kids, but Karey, a psychologist and researcher at Arizona State University, explains why that message misses the point. Karey and her team spent years studying children ages nine to twelve living through high conflict divorce, testing which coping strategies actually help and whether combining several works better than relying on one alone. The results surprised even the research team. One simple strategy, relaxation, outperformed the rest. Karey walks through what happens in a child’s body during parental conflict, what parents should avoid doing in those moments, and how a free program from her lab lets families put the findings into practice right away. It’s a hopeful, practical conversation for any parent trying to protect their kids am...

Krista Nash sits down with Colorado attorney Lisa Shellenberger, managing partner at Setter Roche Smith & Shellenberger, to talk through a corner of family law most parents never see coming until they’re standing in it. When a parent dies, disappears into addiction, or simply can’t provide safe care, the person left holding things together is rarely equipped for what comes next. Krista and Lisa unpack the real difference between guardianship and custody, why probate court can move faster than domestic court, and what happens when a parent gets back on their feet and wants their child returned. They also cover the constitutional rights every parent holds and how families can put protections in place before a crisis forces their hand. It’s a conversation built for anyone quietly raising a child who isn’t legally theirs yet. In this episode, you will hear: Why guardianship and custody solve two completely different legal problems for kids The 182 day rul...

Maintaining a child’s attachment to a parent with substance abuse issues can be a complex path to navigate. With advice from experts and keeping the child’s best interests first and foremost, parents and courts can successfully co-parent and maintain a healthy parent-child relationship. This episode of Children First Family Law is part two of Krista’s two-part series on navigating substance misuse issues alongside co-parenting in a divorce situation. While citing the research and expertise of  Dr. Stephanie Tabashnecke, Krista highlights the vulnerability of children in a family law case when a parent is struggling with substance abuse. She shares the underlying causes of this disorder and why understanding it can help both parents cope while keeping the child’s best interests at the forefront of their co-parenting conversations. You’ll hear why relapse is an expected part of struggling with this disorder, the top ten myths surrounding substance abuse, and how disrupting a child’s at...

Substance abuse is often used as a weapon in family court, even when there isn’t a significant problem. Courts have several ways of handling this issue, and each method can have long-term implications. In this episode of Children First Family Law, Krista explores how family courts determine whether a parent is safe with a child . She outlines her experiences with families dealing with these scenarios, implementing advice and expertise from psychologist and attorney Dr. Stephanie Tabashneck. Two previous podcast episodes, with guests Cheryl and Mike, explore both parenting sides of this situation. Krista offers an outline of the tools the court can use to evaluate a substance abuse issue and any additional risk factors. You’ll also hear the 10 factors the DSM-5 defines substance abuse. Together, these tools help attorneys and courts form parenting time recommendations. Substance abuse in a divorce scenario can be complicated. This episode is a guide for navigating substance abuse wh...

Understanding the Difference Between Parental Kidnapping and International Child Abduction One of the most frightening accusations a parent can hear during a custody dispute is, “You kidnapped our child.” For many parents, that word immediately creates fear about police involvement, criminal charges, or losing custody. However, the reality is more complicated. In many ordinary family law situations, a parent traveling with their child, visiting family, or taking a trip across state lines does not automatically constitute parental kidnapping. True parental kidnapping generally involves a situation where one parent takes a child in violation of another parent’s established legal rights, particularly when court orders or significant custody restrictions are already in place. The legal system treats these situations differently from international child abduction cases, which involve questions about multiple countries and international agreements. What Is the Hague Convention on Intern...