How Is Child Custody Determined in Colorado?
There are various types of child custody arrangements ordered by family courts. In many cases, child custody is shared or “split” between both co-parents (referred to as joint custody) unless one parent is deemed unfit or has willingly given up their parental rights.
Joint custody can be established through a parenting plan that outlines how decisions will be made regarding the child’s upbringing and specifies each parent's time with the child. However, if joint custody isn’t feasible, the court may award sole custody to one parent (known as primary physical custody) with visitation rights granted to the other.
When determining child custody arrangements, Colorado courts must prioritize the best interests of the child. The court can consider a variety of factors to achieve this.Common influencing factors include:
- The child’s preference, if age-appropriate
- Each co-parent's relationship with the child
- Each co-parent’s ability to maintain a cooperative relationship
- The parental ability to provide a stable and nurturing environment
- Any history of domestic violence or substance abuse
- Any history of child abuse or neglect
Our experienced fathers’ rights attorneys can help dads understand these crucial factors while representing their best interests in family court.
What Are Paternity Rights in Family Law?
Although a divorce or separation is difficult enough on its own, it can be all the more stressful when there are little ones involved. In Colorado, fathers and mothers have equal rights in family court. However, dads can face unique challenges in family court nonetheless, making it vital to consult with a trusted lawyer who can help you exercise your paternity rights to custody and visitation.
During a divorce or custody battle, fathers are entitled to certain rights, including:
- Equal consideration: Fathers have the same rights as mothers in family court. Their role and contribution to the child's life are equally respected and considered in all proceedings.
- Custody and visitation rights: Fathers have the right to seek joint or sole custody of their child, or at least to secure visitation rights. The court considers several factors, including the father’s relationship with the child and his capacity to provide a stable environment.
- Involvement in their child’s upbringing: Fathers have the right to be involved in significant decisions regarding their child's upbringing, education, health, and welfare, as long as it's in the child's best interests.
- Legal representation: Fathers have the right to legal representation to protect their interests in court. This includes the right to hire an attorney knowledgeable in fathers' rights, like our Colorado Springs fathers' rights attorneys.
- Protection from discrimination: Fathers have the right to fair treatment in court, without discrimination based on gender stereotypes. The court is required to base its decisions on the best interests of the child, not on the parent's gender.
When Can Fathers’ Rights Be Terminated?
In certain cases, fathers can lose their parental rights. Common reasons for the termination of paternity rights include:
- Voluntary termination: If one or both parents voluntarily agree that it’s in the child’s best interests to terminate paternity rights, fathers can lose their paternity rights.
- The child’s best interests: If paternity rights are no longer in the best interests of the child, fathers’ rights can be terminated. The court can consider various factors to determine whether this is appropriate, such as a co-parent’s criminal history or the child’s evolving needs as they mature.
- Abandonment: If the father abandons their child, this is grounds for the termination of paternity rights. This occurs when a parent fails to meet the child’s basic needs, including food, clothing, shelter, and healthcare.
- Mental illness: If one parent is deemed unfit due to mental illness or related health issues, the court may find it necessary to terminate fathers’ rights for the child’s sake.
- Court order violations: If fathers cannot uphold their legal responsibilities or comply the terms of court-ordered custody or child support arrangements, such as failing to attend scheduled visitations or make timely child support payments, their paternity rights may be terminated.
- Unfit parenting: Fathers can lose their custodial rights if they are determined to be an unfit parent. This can occur for a variety of reasons, such as identifiable patterns of abuse or neglect, failure to obey the law, or placing the child in dangerous environments.
Set up an initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.
Colorado Springs Fathers’ Rights Attorneys
Protecting Paternity Rights in Divorce & Child Custody Disputes
Our Colorado Springs fathers’ rights attorneys understand the emotional roller coaster that divorce can put families through. While family matters can take a heavy toll on everyone involved, it’s common for fathers to feel marginalized in family courts, especially when it comes time to determine child custody arrangements, parenting plans, and visitation rights.
In these cases, our compassionate lawyers at The Gasper Law Group can protect your paternity rights and advocate for your best interests. With nearly two decades of experience advocating for families, our knowledgeable fathers' rights lawyers understand the critical role that dads play in the lives of their children, from protecting their emotional well-being to imparting valuable life skills and knowledge.
If you’re preparing for a divorce in Colorado, consulting with a trusted fathers’ rights attorney is essential to protecting your rights and getting time with your kids. We can help you navigate the legal complexities of paternity rights by establishing your parental fitness and advocating for your needs in family court. With thousands of cases handled, our attorneys are well-versed in family law, allowing them to offer sound counsel to fathers when they need it most.
Our seasoned lawyers safeguard fathers’ rights in Colorado Springs. Call (719) 212-2448 to schedule a free consultation.
Protecting Fathers' Rights in Colorado Springs
At The Gasper Law Group, our experienced advocates prioritize the needs of couples and families in Colorado Springs and beyond. Our extensive knowledge of family law makes us well-equipped to offer sound counsel and personalized solutions to clients when they need it most. From navigating potential pitfalls of high-asset divorces to safeguarding your custodial rights, our firm has the in-depth knowledge and diverse skillset to guide you and your loved ones wisely in family court.
Our fathers’ rights attorneys help dads navigate divorce and child custody disputes in Colorado Springs. Contact us online to learn how we can help.
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