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Protecting Your Rights as a Father: Tips for Fathers in Child Custody Cases

Posted by Casey Alexander | Jan 15, 2025 | 0 Comments

According to the Institute for Family Studies, children are statistically less likely to live with their fathers after a divorce or breakup. That being said, fathers can still strive to achieve their custody goals in an efficient, confident manner. The odds may be against you, but that does not mean you cannot be successful. Recent changes in Colorado family law courts prevent judges from giving preferential treatment to any gender. In theory, this means that fathers should have a level playing field as they seek custody of their children. Speak with a child custody attorney in Loveland to assess potential strategies based on your unique circumstances. 

Colorado Family Court Judges are Not Allowed to Exhibit Gender Bias

First, you should know that Colorado family judges are specifically prohibited from engaging in any kind of bias on the basis of gender, gender expression, sexuality, and similar factors. In theory, this means that you should not experience any disadvantage because you are the father. While the statistics might tell a different story, this prohibition against gender bias is something you should keep in mind. If you believe that the judge has a clear bias toward mothers, you may be able to take legal action and address this unfair situation. 

Consider Aiming for Shared Custody

As a general rule, family courts aim for shared custody whenever possible. Psychological studies have confirmed that children benefit from having both parents in their lives, and family courts have become aware of this. As a result, family court judges may strive to allow the child to spend roughly equal amounts of time with each parent after the divorce or breakup. 

With this in mind, fathers should keep their expectations realistic and pursue achievable goals. It may make more sense to pursue shared physical custody rather than sole custody. A common outcome involves the “3-4-3” schedule, which involves parents exchanging custody every three or four days throughout the week. You might also pursue a “two weeks on, two weeks off” schedule. 

You May Need to Establish Paternity

When pursuing custody of your children, you might need to establish that you are their biological father. This is generally unnecessary if your children were born during your marriage, as the court simply assumes that all children born during marriage are biologically related to the spouses. However, things can get a little more complex if you never married the mother of your children. These children are considered “born out of wedlock.” 

If the mother of your children attempts to take your biological children who were born out of wedlock, you may need to request a paternity test. This test should determine whether you are the biological father, and it may be impossible to pursue custody until you establish paternity. Even if the mother insists that you are not the real father, you have the right to request a paternity test. An experienced family law attorney can help you organize this test. 

Understand the Best-Interest Factors for Child Custody in Colorado

When determining child custody in Colorado, family courts will base their decisions on various “best-interest factors.” These are factors that the court considers important to the child's well-being, safety, and success. An obvious first step for a father seeking custody is to gain a close understanding of these factors. 

Colorado courts may consider the preferences of the child. They may also consider existing connections between all family members, including siblings and parents. Domestic violence is another important best-interest factor, and parents who engage in this behavior are less likely to get custody. The child's connection to their home, community, and school could prove crucial in child custody battles. 

In addition, courts consider the degree to which parents encourage each other to continue healthy relationships with their children. If a parent interferes with or sabotages this relationship, it could make them less likely to achieve positive custody results. Even the geographic proximity between the two homes can prove important in this decision-making process. Finally, Colorado courts consider the degree to which each parent places the child's needs above their own. 

Avoid Criticizing the Mother in Public or in Front of Your Children

As a father approaching an important child custody battle, you may have a lot to say about your ex. Some of these comments may not be positive. You should avoid any kind of public criticism of the mother, even if your allegations are true. Avoid speaking about your ex on social media, as this could backfire on you. Remember, the courts consider the degree to which you encourage a continuing relationship between your children and the mother. If you sabotage this relationship or engage in “parental alienation,” you could struggle to gain custody. 

Aside from social media, you should also avoid speaking negatively about your ex in front of your children. If you want to get your feelings off your chest in a confidential environment, consider speaking to a mental health professional or your family law attorney. Both of these professionals are not allowed to repeat any of your comments in public. 

Dealing With False Accusations as a Father

If your ex falsely accused you of child abuse, domestic violence, substance abuse, or other misconduct, remain calm. Know that in Colorado family courts, you are presumed innocent until proven guilty with a “preponderance of evidence.” If the mother is making these allegations without any evidence, you should not experience any negative consequences. Your lawyer can also help you defend against baseless allegations in an effective manner. 

Can a Loveland Child Custody Lawyer Help Me?

A Loveland child custody lawyer may be able to help fathers fight for their rights. Fathers may need to develop targeted strategies as they seek custody, and the statistics indicate that they might need to try harder to achieve the same goals as mothers. This highlights the need for effective legal representation for fathers navigating custody battles in Colorado. Experienced attorneys can help fathers implement creative, innovative strategies based on a child's best interests. Do not assume that you will spend less time with your kids simply because you are the father. Reach out to Casey James Alexander today to develop a targeted action plan. 

About the Author

Casey Alexander

  YOUR ATTORNEY CASEY ALEXANDER Founding Attorney Prior to becoming an attorney Casey served in the United States Navy.  Now he serves the people of Northern Colorado and advocates for their legal needs. Bar Admissions Colorado PROFESSIONAL AFFILIATIONS 01 Larimer County Bar ...

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