Father’s Rights to Custody In Colorado

Divorce is difficult for all spouses who decide to end a marriage and divide a household, but when the spouses are also parents, separating a household also means sharing children between two homes. No aspect of divorce is as emotionally fraught as child custody. While once courts favored mothers as primary caregivers for children, today’s Colorado courts do not consider a parent’s gender when deciding child custody—now known as “parental responsibility.” Instead, Colorado makes all decisions in a child’s best interest. Fathers have equal rights when it comes to child custody in Fort Collins, both in divorce cases and in custody disputes between non-married parents.

What Are the Two Types of Child Custody In Colorado?

There are two aspects of child custody or parental responsibility decided in Colorado divorce cases, or for custody cases involving unmarried parents. Physical custody refers to which parent has the child in their home and legal custody means the authority to make important decisions for the child, such as those regarding medical care, education, religion, and extra-curricular activities. The courts consider shared physical and legal custody to be in the child’s best interest because it allows children to have continued close contact with both parents. In the best-case scenario of parental divorce, both parents communicate and compromise effectively and craft a shared child custody plan that works for the family’s unique schedule and circumstances with both parents having equal—or close to equal—time with both parents. If this isn’t possible or disputes arise in a child custody case in Colorado, it’s important for fathers to understand their rights in child custody cases.

Establishing Paternity for Father’s Rights In Non-Married Parents

Fathers have equal rights to child custody in Colorado as mothers, but for non-married fathers, this requires proving paternity. When biological parents are unmarried, only the mother is automatically granted full parental rights. Under Colorado § 13-25-126 the law states the following:

“In any action, suit, or proceeding in which the parentage of a child is at issue, including but not limited to actions or proceedings … the court shall order the alleged mother, the child or children, and the alleged father to submit to genetic testing and other appropriate testing of inherited characteristics, including but not limited to blood and tissue type, for the purpose of determining probability of parentage. If a party refuses to submit to these tests, the court may resolve the question of parentage against the party to enforce its order if the rights of others and the interests of justice so require.”

Once a father proves paternity they have full parental rights and responsibilities, including an equal right to custody and an obligation to support their child.

Father’s Right to Child Custody In Colorado Non-Contested or Contested Divorces

Divorcing parents may negotiate their parenting-time schedule for shared custody with the help of their Fort Collins family law attorneys, professional mediation, or by using one of the state’s recommended custody schedules, offering fathers equal or close to equal parenting time. When both parents agree to a schedule that works for their family’s unique circumstances, the judge will typically sign it into binding orders as part of the divorce decree. When parents cannot reach an agreement on a child custody schedule or one parent believes the other parent is a danger to their child, each side must present their arguments in court for a judge to decide. Colorado court judges do not discriminate against fathers or consider gender when deciding child custody cases.