Rebecca Pescador

Willamette University College of Law

J.D. (1998) | Law

1994 - 1998

Provided mediation services to Small Claims Court litigants.

Activities: Alternative Dispute Resolution Certificate Salem Small Claims Court Mediation Program

Willamette University

MBA (1998) | Business, as joint degree program with Law

1994 - 1998

Willamette University

B.A. (1998) | Business Economics

1989 - 1994

Studied 1 semester in Japan

Activities: Study Abroad - Japan

Guardian ad Litem

Ute Mountain Ute CFR Court

2022 - Current

Appointed by the court to dependency and neglect, juvenile and occasionally divorce/custody cases to represent the best interests of the children.

Owner/Attorney

Whole Family Legal, LLC

2014 - Current

Renamed and rebranded prior law firm, Law Office of Rebecca A. Pescador. This is a continuation of the same firm. Handling estate planning, probate, guardianships/conservatorships, private adoptions, and family law matters.

Owner/Attorney

Law Office of Rebecca A. Pescador

2002 - 2014

Handled estate planning, probate, guardianship/conservatorship, private adoption and family law matters.

Partner

Law Office of Crystal D. Sluyter

2001 - 2002

Handled a wide variety of Colorado State Court matters and some Federal matters. Handled a few matters in other states using the pro hac vice rules.

Collaborative Law Attorney

Colorado Collaborative Divorce Professionals

2020

Christian Legal Society

Member

2022 - Current

Colorado Collaborative Divorce Professionals

Member

2020 - Current

Colorado Bar Association  # 250171

Member

2001 - Current

17th Judicial District Senior Law Day Committee

Member

2018 - 2021

Justice and Mercy Legal Aid Clinics

Volunteer

2010 - 2021

Colorado

Colorado Supreme Court

Since 2001

• Free Consultation
  1 hour, can be done by phone, video, or in person.
• Credit Cards Accepted
• Rates, Retainers and Additional Information
  Flat fees available for most estate planning services, for adoption services, and some divorce and custody services.

Estate Planning

Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills

Family Law

Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders

Probate

Probate Administration

Divorce

Collaborative Law, Contested Divorce, Property Division, Spousal Support & Alimony, Uncontested Divorce

Q. Can a mother win a trial for D&N case if she is the offending parent of a newborn? While fighting an open case.?

March 20, 2023

A: I don't think anyone can give you the reassurance you appear to be looking for. Mostly, you're asking us to predict the future. Is it possible? If all of the facts align correctly, if the Judge sees it from your perspective. Yes, it's technically possible. It's very likely going to be very difficult to win with the situation you have outlined. The odds are particularly in your favor. You really should get a consultation with an attorney (or see if you qualify for a court appointed attorney). That way, you can have a detailed, frank discussion about the situation without risking saying things that might later be used against you. That attorney could help you evaluate the facts and help you determine the best course of action going forward.

Q. when a parent decided to move out of state leaving child with the other parent does there have to be a full 80/20 split

March 15, 2023

A: As Ms. Janko noted, child support is going to have no bearing on the division of parenting time. The one and only time under Colorado law that they have any bearing on each other is when child support is calculated, the parenting time (specifically the number of overnights) is part of the formula. Beyond that formula, they have no impact on each other. Whether a parent is paying child support or not, or what the amount of the child support order is, will never be a basis for a court to determine the parenting time schedule. When a parent moves out of state, it always makes the parenting time schedule difficult. Any effort to give the out of state parent more significant time has to come out of school breaks and summer. There aren't many options, and it is therefore not uncommon for an out of state parent to have more than half of the summer, in addition to things like always having spring break. If the two of you can't agree on a schedule, the court will be looking at what is in the child's best interests. The court will be considering several factors in doing so, of which the impact on his summer activities is one, as is the limited opportunities for time with the other parent. You would certainly be able to explain to the court why you believe your proposed parenting time schedule is better for your child. The other parent would also have the opportunity to explain why they believe their proposed schedule is better. The judge will then be using the factors involved in the best interests of the child to make the determination. The "80/20 split" you reference is not something specified in Colorado law. If it is a ratio specified in a prior court order, then it may take more to persuade the judge to change that ratio. It may be worth talking to an attorney to see if there might be any other options. If the parent who moved out of state is just a few hours away, there may be options with long weekends to pick up those days somewhere other than summer.

Q. If a parent can’t make it to every appointment, can they ask a step parent to go in their place?

March 15, 2023

A: Since you're asking, I'm guessing that perhaps the relationship with the child's other parent is not particularly cordial. So my first recommendation is read your Orders to see if there is any restriction. Sometimes, there is a restriction in the Order, usually if there has been controversy over a parent's actual involvement with the child. If the Order does not require you to be there, then generally, yes, you may send a step-parent in your place. You may need to put a release on file with the provider to interact with the step-parent enough for the step-parent to be able to be properly involved.

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