Understanding Mother's Rights in Colorado

What Are Mothers’ Rights in Colorado?

Although mothers and fathers have exactly the same rights as it relates to divorce and custody in the state of Colorado, women often face unique challenges in these types of cases. More than ever, many law firms today are now touting themselves as “Father’s Rights,” lawyers. While this is something of a misnomer in Colorado, it does signal that some lawyers are becoming much more aggressive in pushing their male client’s divorce and custody cases. As a woman, it is important to see things as they truly are in your case, not worse than they are. This way, when certain claims (and even threats) are made by your spouse, such as a claim that your spouse is going to take away the children, you can handle these issues appropriately.

Uncontested Divorce: Challenges and Considerations

Uncontested divorces are generally perceived as more straightforward, where both parties agree on all terms, including custody, property division, and support. However, mothers can still face several challenges:

1. Ensuring Fair Agreements:

Even in amicable separations, it’s crucial for mothers to ensure that the agreements made are fair and sustainable. This includes child custody arrangements, child support, and division of marital assets.

2. Legal Representation:

Securing competent legal representation is essential to protect a mother’s rights and interests. A lawyer can help review agreements to ensure they are equitable and in the best interest of the children.

3. Emotional Strain:

The emotional burden of divorce can be heavy, even in uncontested cases. Mothers may feel pressure to agree to terms quickly to avoid conflict, potentially compromising their own needs and those of their children.

4. Co-Parenting Dynamics:

Establishing a healthy co-parenting relationship is vital. Mothers should work towards creating a cooperative and communicative dynamic with their ex-spouse to ensure the well-being of their children.

Contested Divorce: Overcoming Complex Challenges

Contested divorces are more complex and can be emotionally and financially draining. Mothers often face heightened challenges in these cases, requiring strategic planning and robust support systems.

1. Aggressive Legal Tactics:

Some law firms specialize in “Father’s Rights” and adopt aggressive strategies that can put mothers at a disadvantage. It’s important for mothers to have experienced legal counsel to counteract these tactics and ensure their rights are upheld.

2. Custody Battles:

Custody disputes can become contentious, with fathers sometimes making claims or threats about taking full custody. Mothers must be prepared with evidence and a strong legal argument to demonstrate their capability as the primary caregiver.

3. Financial Security:

Contested divorces often involve disputes over financial support and asset division. Mothers need to ensure they receive adequate child support and a fair share of marital assets to secure their financial future.

4. Emotional Resilience:

The emotional toll of a contested divorce can be significant. Mothers should seek support from friends, family, or professional counselors to maintain their mental health and stay focused on the well-being of their children.

5. Preparing for Court:

Contested divorces may end up in court, where a judge will make the final decisions. Mothers should work closely with their lawyers to prepare a strong case, including documentation of their contributions to the marriage and their role in their children’s lives.

Hire a Mother’s Rights Attorney in Colorado

While divorce presents numerous challenges, mothers can navigate this difficult process with the right support and resources. Understanding the specific struggles in uncontested and contested divorces can help mothers prepare and protect their rights and their children’s best interests.

By securing competent legal representation, staying informed, and seeking emotional support, mothers can face these challenges with confidence and resilience.

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Take Control of Your Custody Case

For women who have been stay at home mothers and have not been the primary breadwinner in a relationship there is often a power imbalance that is present at the beginning of a case. This often comes about because of a lack of financial information and not really knowing where to begin or what to ask for during the divorce process.

Even in cases where both parties are on equal footing, or even when the woman has been the primary breadwinner, there are sometimes threats made by the husband regarding custody and financial resolutions, that can really create problems if a case if you are not ready for them or know what your rights are.

What You Can Do As a Mother In Your Divorce & Custody Case

Many lawyers today are now demanding 50-50 custody arrangements for their male clients even in cases where their clients have been little more than “weekend fathers.” They base this on the argument that men and women have equal rights to custody of their children in custody cases. While this true, that simply does not mean that 50-50 is what the court is required to award.

The court is required to apply the standard of “best interests of the child,” when making a custody determination. So, it is important that you hire a lawyer who knows how to handle custody cases, who can say no to a deal that is not good for your kids, and can demonstrate effectively why your proposed schedule is in the best interests of your children.

It is also important to hire a lawyer who understands how to obtain early and accurate financial information from opposing party, and who can put together a clear financial picture for you. Much of what is involved in obtaining the proper award of child support and spousal support (maintenance) has to do with presenting a financial plan to the court, including your budget, that will secure the proper financial award to you.

One frequent problem that women have in their divorce cases is that their spouses do not communicate effectively about the children. 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.

Need Help with Mother Rights?

Call Colorado Legal Group at 720.594.7360 or get started with a complimentary case evaluation.

Frequently Asked Questions

What is a mother’s right 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 and mothers have equal rights to their children, although that does NOT mean that fathers and mothers will always have 50/50 parenting time and joint decision-making. The court must issue a custody plan in the best interests of the children. Many mothers happen to be the primary parent for a majority of their children’s lives, or at least when the children are infants. This will be taken into account by the court as the past pattern of involvement of the parties.

Can a mother’s parental rights be terminated?
A termination of a mother’s rights is taken extremely serious by the court. A termination of rights is different than a mother’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 mother have rights if not married?
Yes, mothers have rights if married to the children’s father or not. The parties marital status determines the type of case the lawyers file. If the parents are not married, an allocation of parental responsibilities case can establish parenting time, decision-making, and child support.

How Can We Help?

Phone:
720.594.7360

Email:
info@coloradolegalgroup.com

Address:
1777 S Harrison St. #1050
Denver, CO 80210

Mothers' Rights in Colorado