Navigating the challenges of separation and divorce can be particularly difficult when children are involved. Contrary to common misconceptions, Colorado law ensures that fathers have the same custody rights as mothers. Both parents are encouraged to maintain their parental responsibilities unless altered by mutual agreement or a court order. The focus of custody determinations is always the child’s best interests, with courts promoting shared responsibilities and co-parenting, regardless of the parent’s gender.
For fathers, understanding these rights is crucial. Legal arrangements can vary from joint to sole custody based on the family’s specific circumstances. Engaging with a knowledgeable family law attorney can help fathers navigate these issues effectively, ensuring that their rights and their children’s well-being are safeguarded throughout the custody process.
What You Need to Know About Father’s Rights to Custody in Colorado:
Colorado no longer uses the terms “custody” or “visitation.”
Colorado updated their laws a few years ago and when they did so, they changed the terminology used in custody cases. Custody is now referred to as Parental Responsibilities, and there are two pieces to that: parenting time (formerly known as “physical custody”) and decision-making (formerly known as “legal custody”). Both of these are outlined in a parenting plan that must be approved and ordered by a Judge or the Judge will determine these if the Parties cannot agree.
Custody, parental responsibilities, visitation, and parenting time are all used together in this blog to help you understand how these terms are used.
Fathers are on an Equal Footing
It doesn’t matter if you and the child’s mother were married or not, Courts want to see both parties heavily involved in the life of their child unless the circumstances and facts justify otherwise. Both parents are responsible for the health and well-being of their children, including financial responsibilities.
This is unlikely to change with a separation or divorce. Colorado prefers 50/50 custody arrangements whenever possible. This means that both parents have equal parental responsibilities (parenting time and decision-making). There could be circumstances where the parties cannot share parenting time equally but the parties can still make joint decisions for the benefit of the children and there is no presumption that mothers should have the decision-making. In fact, Courts prefer joint decision-making.
Understanding and Enforcing Your Rights
To protect your rights as a father, it is vital to be well-informed about the specifics of your court order. This legal document outlines your rights and responsibilities, including how much parenting time to which you are entitled and your role in decision-making for your children. If the court order grants you parenting time and the children’s mother impedes this right, you are within your legal rights to seek enforcement of the order. This may involve returning to court to ensure your parenting time is respected.
Similarly, if you have equal decision-making power and you are excluded from major decisions about your child’s welfare, such as medical treatments or educational choices, you likely have legal grounds to challenge such exclusions. The courts can enforce your rights to participate in these decisions, ensuring that your role as a father is protected and respected.
Proactive Legal Engagement
In cases where there are continuous disagreements or violations of the court order, it may be necessary to engage legal help. A family law attorney can provide guidance and representation to ensure that your parental rights are not only recognized, but that you are able to exercise those rights entirely. They can help you navigate the complexities of the legal system and advocate on your behalf, making sure that your relationship with your children and your influence in their lives remain strong and unimpeded.
Majority Parenting Time is Not Sole Custody
It’s a common misconception that having the majority of parenting time equates to having sole custody of the children. However, in most legal frameworks, including Colorado’s, this is not the case. Majority parenting time simply means that the children reside with one parent more than the other. Importantly, this arrangement does not diminish the rights and responsibilities of the other parent. Both parents most likely retain the ability to participate in joint decision-making, which covers important aspects of the child’s life such as their education, health care, and religious upbringing.
Sometimes, misunderstandings or deliberate misinformation can lead one parent to believe they only have financial responsibilities, with no rights to make decisions or spend time with their children. This is incorrect. The fact that one parent has majority parenting time on its own does not exclude the other parent’s right to participate in crucial decision-making unless the court has said otherwise.
An Out-of-State Custody Order Can be Upheld in Colorado
If both you and your ex move to Colorado and the original custody order is in another state, that custody order still applies.
Colorado will not modify another state’s custody order unless that order is registered in Colorado (one or both parties need to request this). Hire a family lawyer in Denver to see if your case qualifies for immediate action by the courts so that you can see your kids and make sure they are safe.
Police Will Not Interfere With a Nonviolent Domestic Dispute Without a Court Order
If you and the mother of your children have not yet been to court, there may be no court order stating that you have the rights you claim. Although it is assumed that fathers have equal rights as the mother, police have nothing to enforce without a court order proving those rights and even then some law enforcement officers refer to these issues as civil matters to be addressed with the Courts
As long as the confrontation is not violent, police are unlikely to do anything but keep the peace while you work it out. They consider this a domestic dispute, and it is the policy of most police departments not to intervene in these situations. If you and your spouse are both on the lease or deed to the property, police cannot even make you leave involuntarily as long as you are not breaking any other laws.
It is much better to contact an experienced family lawyer in Denver to protect and maintain your rights to custody. Our attorneys at the Colorado Legal Group can ensure you see your children much quicker than other routes to parenting time.Contact us today to schedule your consultation.
Need a Father’s Rights Attorney in Colorado?
Choosing the right attorney is critical for any father seeking custody of his children. The right legal representation can significantly influence the outcome of your custody case. It is important to select an attorney who is well-versed in Colorado’s family law system and has a proven track record of advocating for fathers’ rights.
When searching for an attorney, consider the following key factors:
- Experience in Family Law: Look for a lawyer who specializes in family law, with specific experience in handling custody cases for fathers. They should have a deep understanding of state laws and court precedents that affect fathers’ rights.
- Communication Skills: Effective communication is crucial. Your attorney should be able to explain complex legal terms in understandable language and keep you informed about the progress of your case. They should listen to your concerns and be responsive to your communications.
- Advocacy for Fathers’ Rights: Some attorneys focus specifically on fathers’ rights, understanding the unique challenges men face in custody battles. However, it’s crucial to consider whether a “fathers’ rights” focused attorney might approach your case with too narrow a perspective. An attorney who is experienced in broader family law and has advocated for both mothers and fathers can provide a balanced approach, ensuring that your case is not limited by a potentially adversarial stance that could alienate the court or the other parent.
- Strategy and Approach: Discuss the potential strategies the attorney would use in your case. It’s important that their approach aligns with your goals and values. Whether through negotiation or in court, your attorney should be prepared to advocate strongly on your behalf.
- Client Testimonials and References: Look at reviews from previous clients or ask the attorney for references. Feedback from other fathers who have been in similar situations can provide insight into how the attorney handles these cases.
- Initial Consultation: Many attorneys offer a free initial consultation. Use this opportunity to meet with them, discuss your case, and get a feel for their style and personality. This meeting can help you determine if they are the right fit for you.
The right attorney not only provides legal assistance but also supports you emotionally throughout the custody process. Remember, the goal is to protect your rights as a father and to achieve the best possible outcome for your children. At Colorado Legal Group we are ready to help you fight for your rights as a father facing a child custody battle. We have an expert team of attorneys for you to choose from.
Fill out our free case evaluation form or call us at 720-594-7360 to get started.