For many years, in Colorado and other states, it was customary for a mother to receive custody of the children after a divorce. The father would have visitation, but the children would generally spend most of their time at their mother’s home. In more recent years, views have changed, and the court doesn’t always award mothers primary custody. Fathers who believe they are better able to care for their children after a divorce can petition the court to gain primary custody, also called parental responsibility, where the mother would receive visitation based on the circumstances.
Primary vs. joint
As a father, you may worry about losing out on spending time with your children after your divorce. It’s important to know that the court will consider both parents when deciding where the children will live. Courts generally prefer to order joint parental responsibility, but if it’s believed that one parent is unfit, the other parent will receive primary responsibility. As a father, you will have to provide proof to the court that the children’s mother is unfit.
When deciding on custody matters, the court will consider who was the primary caregiver before the divorce. If you can prove that you were the primary caregiver, you’re more likely to receive primary parental responsibility for your children. You may have to show evidence that you’re involved with your children and are knowledgeable of their medical, educational and social needs.
Other considerations
The goal of family court is to provide the children with the best possible outcome after a divorce. While in some cases, this means parents will share responsibility, when one parent is unfit, the court will create a custody order that reflects that. If you want to gain primary custody, you must be prepared to show that you have a stable home and loving environment for your kids.
Many have often unfairly thought of fathers as the lesser parent. Feeling like you must prove yourself as a loving father in court can be frustrating, but it’s necessary if you want to have primary responsibility for their well-being. Things like your home’s nearness to their school, your work schedule, and your knowledge and understanding of childcare may all be considerations when a court issues a custody order.
Legal advice
The court no longer gives mothers priority when it comes to child custody orders. Fathers have the right to request primary parental responsibility if they believe they can provide better care for their children after divorce. If you’re currently facing child custody issues, seek the advice of someone knowledgeable in Colorado’s custody laws so you’re prepared to present your case and do what’s best for your children.