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Father's Rights

Fathers' Rights in Colorado

What Are Fathers’ Rights in Colorado

Finding a Father’s Rights Attorney in Colorado

Today’s legal market is full of law firms touting themselves as “Fathers’ Rights,” lawyers. Many father’s rights attorneys in Colorado make a wide range of promises that are ultimately unrealistic and not healthy for their client’s cases or families. The term or category of “Father’s Rights” is actually a bit misleading when it comes to divorce law in the state of Colorado. Men and women have the exact same rights when it comes to divorce and custody. As a father, however, you do need to be aware of the proper strategy to get the best results in your case. There are definitely approaches, techniques, and arguments that maximize your ability to obtain a great result as it relates to the custody and proper settlement of your case.

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Father's Rights

What You Really Need to Know About Fathers' Rights

As previously mentioned, fathers and mothers have exactly the same rights under the laws of Colorado. This does not mean, however, that this will result in a 50-50 custody arrangement for example. Nor is that required under the law. So, what exactly do you need to know about your rights in Colorado?

The first thing is that many courts used to follow a legal principle called “the tender years doctrine.” This meant that the courts followed the idea that mothers should have custody of very young children. While that doctrine has been abolished, it certainly seems to echo in our courthouses today, and there often seems to be a built-in bias against fathers.

It is important to understand then, that is it not enough to merely claim you have equal rights to custody of your children when presenting your case to the court. The court will apply the legal standard of “best interests of the child,” when deciding child custody, and you and your father’s rights attorney in Colorado must be able to present your case properly as it relates to that standard.

The Importance of Establishing Paternity

Establishing paternity is an important step for fathers who want to secure their rights and responsibilities toward their children. As a father in Colorado, working with a father’s rights attorney in Colorado can help you navigate this process smoothly and effectively.

When you establish paternity, you are legally recognized as the child’s father. This is essential for several reasons. First, it gives you the right to seek custody and visitation, allowing you to be an active part of your child’s life. Without establishing paternity, you may face significant legal challenges in asserting your parental rights.

Establishing paternity is also important for your child’s well-being. It ensures your child has access to your medical history, which can be crucial for identifying genetic conditions and understanding health risks. It also entitles your child to benefits such as inheritance, social security, and health insurance.

How To Establish Paternity in Colorado

In Colorado, there are a few ways to establish paternity. If both parents agree on the father’s identity, they can sign a Voluntary Acknowledgment of Paternity form. This form is usually available at hospitals, birthing centers, or local health departments. However, if there is any dispute or uncertainty about paternity, you may need to seek a court order with the help of a father’s right attorney in Colorado and undergo genetic testing.

With the help of a father’s rights attorney in Colorado, you can make sure you are recognized as the legal father and actively participate in your child’s life, providing them with the support and love they need to thrive. A father’s rights attorney in Colorado can guide you through this process, ensuring that all legal requirements are met and that your rights are protected. They can assist you in filing the necessary paperwork, represent you in court, and advise you on the best course of action.

Navigating Custody and Visitation Laws in Colorado

Navigating custody and visitation laws in Colorado can be complex, but understanding the key principles can help you protect your rights as a father. In Colorado, custody decisions are made based on the best interests of the child, considering factors such as the child’s physical, emotional, and educational needs, as well as each parent’s ability to meet those needs. Joint custody arrangements are common, where both parents share decision-making responsibilities and time with the child, though this does not always mean an equal split of time. Creating a detailed parenting plan that outlines schedules, communication methods, and dispute-resolution procedures is essential.

Working with a father’s rights attorney in Colorado can provide valuable guidance throughout this process. An experienced father’s rights attorney in Colorado can help you understand the specific factors that the court will consider in your case, assist in developing a strong parenting plan, and represent your interests during negotiations and court proceedings. By demonstrating your involvement in your child’s life and your ability to provide a stable and supportive environment, you can work towards a custody arrangement that ensures your child’s well-being and strengthens your relationship as a father.

Handling Child Support Issues

Handling child support issues with the help of a father’s rights attorney in Colorado is a key part of this process. In Colorado, child support is calculated based on both parents’ incomes, the number of overnights each parent has with the child, childcare costs, health insurance premiums, and other relevant expenses. It is essential to know your obligations and provide accurate financial information. If circumstances change, such as a job loss or a significant change in income, you may need to seek a modification of the existing support order. Colorado law allows for modifications when there is a substantial and continuing change in circumstances.

Disputes over child support can arise, and resolving these disputes may require mediation or court intervention. Mediation offers a less adversarial way to resolve issues, while court intervention may be needed if mediation fails. An experienced father’s rights attorney in Colorado can represent your interests and advocate for fair support terms.

Understanding enforcement mechanisms, such as wage garnishment and tax refund interception, is important to ensure compliance and avoid legal penalties. By working closely with a father’s rights attorney in Colorado, you can handle child support issues efficiently and fairly, protecting your rights and the best interests of your child.

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What You Can Do As a Father

To maximize your time with your children in a custody case, you must be able to establish that your proposed custody arrangement is in the best interests of your children. This means the more involved you are with the day-to-day happenings in your children’s lives, the better off your case will be, and frankly, this will also be healthier for your children. This means, as early as possible, even before your divorce starts, you should be doing things like helping with homework and being involved in picking up and dropping the children off for school, sporting events, and other activities. If you are separated, it is even more important for you to have some daily involvement in your children’s lives. Many fathers act like “weekend fathers,” and then are shocked when the court doesn’t award 50-50 custody.

One of the most common arguments made against a father having more time with the children is that the parties have difficulty communicating. There are, however, many tools that are now available that use modern technology to help parties co-parent their children effectively. One of these is called Our Family Wizard, which can help coordinate communication with the parties, and can also be used to show the court compliance or non-compliance with court orders. You should always consider these sorts of tools when putting together a parenting plan or making a proposal to the court or opposing party.

So, don’t believe the hype that some lawyers will sell you, that because they are a “Father’s Rights” firm they will somehow get you a great deal. You have to lay the groundwork, and then be able to present your case to the court, or negotiate the right deal with opposing counsel so that you can maximize your rights, but also create a great custody arrangement for your children as well.

Choosing Your Father’s Rights Attorney in Colorado

At Colorado Legal Group, our dedicated father’s rights attorneys in Colorado are here to provide the support, guidance, and representation you need to protect your rights and your relationship with your children. Whether you are establishing paternity, seeking a fair custody arrangement, or addressing child support issues, our experienced team is committed to helping you achieve the best possible outcome. Contact Colorado Legal Group today to schedule a consultation and let us help you secure your rights and ensure the well-being of your children.

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Frequently Asked Questions

What are father’s rights for child custody?

All parents have constitutional rights to raise their children how they see fit except in excruciating circumstances. That applies to both fathers and mothers. Under Colorado law, fathers enjoy equal rights and opportunities for the raising of their children. So long as the court determines that it is in the children’s best interests, fathers may enjoy equal or even greater parenting time than the mother.

Can a father’s parental rights be terminated?

A termination of a father’s rights is taken extremely seriously by the court. A termination of rights is different than a father’s parenting time or decision-making being temporarily discontinued. Parenting time and decision-making can almost always be modified in the future, but a termination is permanent. It is a very high standard that has to be met to terminate a parent’s rights, whether it is the mother or father.

Do fathers have rights if not married?

Yes, fathers can secure their parental rights even if the father is not married to the mother. Fathers can use an allocation of parental responsibilities case to determine parenting time and decision-making either by the agreement of the parties or through a judicial determination. Child support will also be determined.

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