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 rule that determines who has standing to file for custody as a non-parent
- How probate court can move faster than family court in a genuine crisis
- What it actually takes to prove a parent is unable or unwilling to safely parent
- The constitutional rights every parent holds, even in a guardianship case
- What happens to a guardian’s authority the moment a parent gets better
- Practical steps families can take now, before a crisis forces their hand
Resources from this Episode
www.childrenfirstfamilylaw.com
All states have different laws; be sure you are checking out your state laws specifically surrounding divorce. Krista is a licensed attorney in Colorado and Wyoming, but is not providing through this podcast legal advice. Please be sure to seek independent legal counsel in your area for your specific situation.
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