Do Fathers Have a Fair Chance In Custody Battles?

Historically, courts held a bias in favor of mothers in child custody battles. This bias was generated by the commonly held understanding that women were the primary caregivers in most homes, with fathers playing a more distant role. Child custody battles in Colorado courts are emotionally fraught disputes that are also legally challenging, especially for fathers seeking primary custody.

Fortunately, Colorado maintains neutrality between mothers and fathers during child custody cases. Family courts do not consider gender when making child custody decisions in divorce cases or for non-married parents. Instead, they make all decisions in the child’s best interest. Contact a Denver child custody lawyer for a free consultation today.

Father’s Rights In Legal vs. Physical Custody In Colorado

In Colorado family court decisions, fathers have the same legal rights and protections as mothers, including in child custody decisions for both physical and legal custody. Any child custody decision by a judge includes two aspects of child-rearing:

• Physical custody is with whom a child lives, whether it’s primarily with one parent while the other parent has visitation rights, or with equal parenting time between both parents in a legally enforceable schedule
• Legal custody refers to a parent’s decision-making for the child, with one parent given the right to make important decisions for the child in matters of medical care, education, religion, and extra-curricular activities, or both parents sharing legal custody equally

Depending on the circumstances of the case, a judge in a Colorado custody battle could give one parent both physical and legal custody, or both parents could share physical and legal custody—this requires a judge to believe that both parents are willing to communicate and compromise effectively. Less commonly, one parent could have primary physical custody of the children while the other has legal custody.

Colorado judges are legally unbiased between mothers and fathers when determining legal and physical custody. Fathers have equal rights to both types of custody; however, that doesn’t mean they don’t face some challenges in a custody battle in Colorado.

What Challenges Do Fathers Face In Colorado Custody Battles?

While the courts strive toward complete neutrality and fairness in child custody decisions between mothers and fathers, in many cases, fathers face significant challenges compared to mothers based on common assumptions that persist despite the court’s stance on gender neutrality. Fathers may face the following challenges in child custody battles:

• The continued presumption that mothers are the primary caregivers in the home
• An unmarried father must first establish paternity before obtaining parental rights, including a right to child custody
• Fathers commonly have to provide evidence that they spend equal caregiving time with their children or evidence of their dedication to raising their children
• Meeting the court’s requirement to make decisions in the “best interests of children” can mean showing the court that a father has flexibility in their work schedule
• Fathers are often the parent who moves out of the family home during separation and divorce, meaning they must create a suitable home environment with a room for their child in their new home to show the judge that they are prepared for shared or primary custody

None of the challenges fathers face in Colorado child custody battles are insurmountable. Thanks to the child’s best interest standard in family court cases, today’s fathers have a fair chance in custody decisions. A father must demonstrate to the court that continued close contact with their child through equal parenting time or primary custody is in their child’s best interest. Call a divorce attorney in Denver for legal advice today.

How Can a Denver Child Custody Attorney Help?

An experienced Denver child custody attorney with a strong history of supporting a father’s rights to child custody in Colorado is a tremendous asset during a divorce. Call Ciancio Ciancio Brown, P.C. today so we can begin a strategy to achieve the best possible outcome for your family in your Denver divorce case.