Most Dads feel like they get a raw deal when it comes to parental rights, however, today, the law specifies that the courts can not specify gender as factors, this means both the child’s parents have an equal chance of getting custody of their child. From a legal standpoint, both mothers and fathers have the exact claims that offer them an equal chance of obtaining primary custody.
In case you are a father who is going through a divorce or custody battle in Colorado, it’s very important that you know how to safeguard both your interests and your children’s. At Walker Wright & Associates, our business is ensuring you get the best out of your custody battle.
What are the rights of a Father?
As we already stated, fathers have the same rights and claims as the mothers when it comes to child custody. Apart from extreme circumstances, every father has a right to be part of their child’s life in a meaningful way. Meaning if you and your spouse divorce, if you have any minor children, then both the father and the mother have equal rights to the livelihood of the children.
Like the mother, every dad has the right to request for primary guardianship of their children when going through a divorce. In case you are not granted custody, you still have the right to petition the court for appropriate child support from the divorced spouse that will be used to provide for expenses such as food, clothing, and shelter.
We all understand that custody battles can be hectic at times, and especially if the divorcing couples don’t see eye to eye. However, there are various methods that can be used to make the swaps easier for each party. You can make the swaps at school, public places, daycare or where both of you are less inclined to cause a scene.
Ensuring your Rights as a Dad
As explained, you are an equal entity in a custody battle. If you want primary custody, then you have every right to pursue it. Therefore, you might need to prepare and file a petition for primary custody, providing information about you and your child, and then wait for the court to decide on your request. Colorado family law also requires that such a petition includes a parenting plan.
When the court is awarding custody, they will have to determine what the best interest of the child is. Meaning the judge will have to examine some factors, including your ability as apparent, and the preexisting relationship you had with your children. In case your children are old enough to have an opinion, then the court may decide to hear out their testimony and take it into account. In short, you need to be active if you want child custody to significant visitation rights. It may be a wise idea to hire a lawyer with experience in child custody cases such as Walker Wright & Associates. A Colorado family law attorney will have better insight into the custody hearing process, as well as advice, both legal and practical. In case you still want to learn more about your rights as a father call us or walk into our offices, our customer care representatives will be more than happy to assist you.