Key Takeaways:
- Fathers have equal child custody rights in Colorado: Colorado courts cannot favor mothers over fathers, and all decisions about parenting time and decision-making authority must be based solely on the best interests of the child, not the parent’s gender.
- Colorado uses “decision-making authority” and “parenting time” instead of traditional custody terms: Decision-making authority refers to the right to make major decisions about a child’s education, healthcare, and welfare, while parenting time determines how much time the child spends with each parent. Courts often award joint decision-making and encourage shared parenting time unless there are safety concerns.
- Custody decisions are guided by specific statutory best-interest factors: Judges consider the child’s relationship with each parent, each parent’s involvement and ability to support the child’s relationship with the other parent, domestic violence history, mental and physical health, proximity between parents, and the child’s adjustment to home and school.
- Fathers can seek shared custody, modifications, and enforcement: Colorado fathers have the right to request shared or primary parenting time, pursue joint decision-making, modify existing custody orders, and enforce parenting time if it is denied. Equal participation in court proceedings is guaranteed under the law.
- Establishing parentage is critical for unmarried fathers: If parents are not married, a father must legally establish parentage before seeking custody or parenting time. This can involve signing an Acknowledgment of Parentage or requesting genetic testing through the court. Biological parentage alone does not automatically grant custody. Fathers must still demonstrate that their proposed arrangement serves the child’s best interests.
For many fathers, one of the biggest concerns during a divorce or separation is whether they will be able to maintain a strong, meaningful relationship with their children. Historically, there was a belief that mothers were more likely to be awarded primary custody. However, Colorado courts are prohibited from favoring one parent based on gender.
Under Colorado law, fathers have the same legal rights as mothers when it comes to child custody, and all decisions related to parenting time and decision-making authority must be made based exclusively on the best interests of the child. If you are a father navigating custody issues in Colorado, our team of experienced Colorado family law attorneys can help you understand your rights and how the legal process works.
Ascent Legal Group offers strategic legal representation to Colorado fathers who are dealing with divorce, legal separation, child custody, child support, and related issues. We know that a lot of men worry about their ability to parent their kids after a divorce or breakup. We are here to help. Reach out to our law firm to schedule a free 30-minute consultation with a Colorado child custody lawyer.
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Understanding Child Custody in Colorado
Before getting into fathers’ rights, it is first important to understand the basics of child custody laws in Colorado. As an initial matter, Colorado law uses some unique terms for custody. Decision-making authority (legal custody) is the ability to make important decisions about your child’s life. Parenting time (physical custody) is the time that a child spends with each parent.
In most cases, Colorado courts will award joint decision-making to parents. There are situations, such as cases involving domestic violence, where one parent might be awarded sole decision-making authority. In some cases, one parent might have sole decision-making authority over a certain topic, such as healthcare or education.
The statute requires the courts to use the best interests of the child standard when awarding decision-making. Often, courts award shared parenting time, unless one parent presents a danger to the child. If the parents have roughly equal overnights, then they have shared parenting time.
Parents can come up with their own parenting plan based on their needs and the needs of the child(ren). If they can’t agree, then a court will issue a decision on parenting time. Every court decision about child custody in Colorado must be based on the best interests of the child. This involves considering all relevant factors, including:
- The wishes of the child’s parents related to parenting time;
- The wishes of the child, if they are mature enough to express a preference;
- The interaction and relationship of the child, their parents, their siblings, and any other person;
- Any reports of domestic violence in the home;
- The child’s adjustment to their home, school, and community;
- The mental and physical health of everyone involved;
- The ability of each parent to encourage a healthy relationship with the other parent;
- Whether the parents’ past pattern of involvement with the child reflects their time commitment, mutual support, and a value system;
- How close the parents live to each other and the practical effect on parenting time; and
- Both parents’ ability to place the child’s needs ahead of their own.
If parties are struggling to come to an agreement on the best interests of the child, they or the court may request the appointment of a child and a child and family investigator (CFI). A CFI is a third party, often a mental health professional, who interviews the child and then offers a recommendation to the court regarding parenting time and decision-making.
Whenever possible, Colorado courts encourage parenting time arrangements that allow children to maintain frequent and continuing contact with both parents. If you are unsure about your custody rights as a father, our Colorado Springs child custody lawyers can help. We can explain the law and likely outcomes if your case goes to court. Our team can also work with you to draft a parenting plan that protects your parental rights.
Do Fathers Have Equal Rights in Colorado Child Custody Cases?
There is a common misconception that mothers are automatically favored in Colorado child custody cases. This is completely false. In fact, under Colorado law, courts cannot make custody decisions based on a parent’s gender.
As noted above, judges make custody determinations based on the best interests of the child. The gender of a parent is not one of the factors that can be considered. It is not considered relevant to the inquiry of what is in the best interests of a child.
Fathers have the right to:
- Request shared or primary parenting time/custody
- Seek joint decision-making authority
- Petition for modifications to existing parenting time orders
- Request enforcement of parenting time if it is being denied by their ex
- Participate equally in court proceedings
In short, fathers stand on equal legal footing with mothers when it comes to child custody cases.
Of course, there are situations where a mother is more likely to be awarded primary custody of a child. These decisions come down to the facts of the case and how they relate to what is best for the child. For example, if you haven’t been actively involved in your child’s life or if you discourage your child from having a good relationship with their mother, a court might decide that the best interests of the child are to spend more of their time with their mother.
Our Colorado child custody attorneys will analyze the facts of your case and help you decide how to move forward based on the likely result if your case goes to court. Whether you want to work out an agreement about parenting time with your ex or take your case to trial, we will advocate for your rights as a father. Contact our law firm at any time for a free 30-minute consultation.
What About Paternity Issues?
One challenge that is unique to men is the establishment of paternity. In Colorado, the term “paternity” is no longer used. Instead, the courts refer to “parentage.” This reflects the reality that a parentage case can establish the parental rights of any parent (including mothers, fathers, and partners in a same sex relationship).
For opposite sex couples, parentage issues usually arise in situations where a couple is not married when the child is born. In order to be on the birth certificate, Colorado requires the father to sign an acknowledgment of parentage. This is a legally-binding document that can only be rescinded within 60 days of signing or by court order. It is possible to challenge an acknowledgement of parentage based on fraud, duress, or mistake of fact.
Fathers who are married to a child’s mother at the time of the child’s birth do not have to establish parentage, as they are considered a presumptive parent of the child. If the child was born within 300 days of a marriage ending, an ex-husband is also presumed by law to be the baby’s father. However, it may still be possible for parentage to be challenged based on genetic testing.
If you were not married to your child’s mother, then you may have to request a paternity test. This can be done through your county Department of Social Services office or via a parentage action (paternity lawsuit). In a court case, a judge will order the parents to submit to genetic testing to confirm the identity of the parents. Either parent can challenge a child’s parentage.
Parentage/paternity cases can be complex, and many unusual situations may arise. If you are not on your child’s birth certificate, then you will need to establish parentage before you can seek custody.
Importantly, being the biological parent alone is not enough to get custody. It is just the first step in the process. If you establish paternity, then you will still need to go through the process of seeking custody based on the best interests of your child.
Questions of parentage can be emotionally volatile and add another dimension to child custody cases. As a father, it is often an important step to take in order to assert your rights as a parent. Our law firm can help you decide how to proceed if you want to establish parentage and seek custody in Colorado.
Help for Colorado Fathers in Child Custody Cases
Many men believe that they are at a disadvantage when it comes to child custody. Legally speaking, this is absolutely not true. Colorado judges are required to treat mothers and fathers equally in custody cases, focusing on the best interests of the child rather than the gender of the parent.
With offices in Colorado Springs, Centennial, and Castle Rock, Ascent Legal Group represents fathers in a range of family law matters, including child custody and child support. We understand the concerns that many fathers have when going into a child custody case, and we work hard to assuage those worries while we fight for your rights as a parent. Contact our law offices today at 719-256-0067 or fill out our online contact form to schedule a free 30-minute consultation with an experienced Colorado child custody attorney.
