Many fathers face divorce with grim acceptance that their role in their children’s lives will be reduced to every-other-weekend parenting. However, it comes as a surprise to some fathers to learn that they now have equal standing with mothers in the eyes of the court when it comes to child custody. Colorado courts do not hold mothers in favor over fathers when considering child custody and parenting schedules. Instead, the court’s standard is to make all decisions in “the best interest of the child” without regard to classic gender roles. Call our Denver child custody attorneys to discuss your parental rights and get the best possible outcome for your case.
Divorce courts once considered mothers to be primary caregivers and favored them for sole custody, relegating fathers to every other weekend visitation. Today, the courts begin each child custody case with the presumption that continued close contact with both parents serves a child’s best interest. The court does not consider gender when making decisions on child custody.
A father has the right to share custody of their children equally with their mother and typically gains shared custody unless the mother presents compelling evidence to the court that this isn’t in the child’s best interest. Similarly, a father may gain primary custody over a mother if they demonstrate in court that it is in the best interest of their child. A parent’s gender or sexual preference plays no part in the court’s decision, it is dictated by what is in the “child’s best interest“.
Although the courts no longer hold bias toward mothers in child custody cases in Colorado, mothers still have the natural advantage of unquestionable maternity and automatic parental rights under the law. An unmarried father seeking custody of a child has to first establish paternity. This is done through a court-approved laboratory. If a presumptive father wishes to establish paternity, the court will issue a court order for the child’s mother to comply with the testing.
If the paternity testing establishes biological fatherhood, the father then has full parental rights and obligations, including the right to seek shared custody and the obligation to pay child support. If they are awarded primary custody, they have the right to receive child support from the child’s mother.
Fathers who are married to a child’s mother when the child is born do not have to establish paternity. Contact our experienced Denver divorce lawyers for help on your unique divorce and child custody case.
Where once the courts typically sided with mothers as a child’s primary caregiver, today’s courts in Colorado and other states now consider the following when determining what is in a child’s best interest:
None of the above factors consider a parent’s sex; however, a father must be able to show that they have a strong, nurturing relationship with their children and have been actively involved in their child’s life when seeking shared custody or sole custody in Colorado.
Preparing for a child custody case is emotionally draining. A father seeking primary custody or equal custody of their children has the same rights as a mother but needs strong representation to assert those rights in court. Call Ciancio Ciancio Brown, P.C. today so we can begin strategizing your approach either through negotiating child custody with your spouse or making your case in court.
