*Case Study: Father Gets Primary Custody

Daniel Chandler
By: Daniel Chandler
PublishedMar 26, 2021
2 minute read

Dad’s rights are equal to mom’s rights, in Colorado – meaning both parents have an equal opportunity to raise their child. Colorado family court judges presume it is in the child’s best interest to have both parents in his or her life.

Keep reading, or watch the video below, to learn how family law attorney Dan Chandler helped a father gain primary custody of his child.

Bottom Line:

Just because a court’s initial ruling is not in your favor or necessarily what you had hoped for does not mean circumstances will never change. Our family law attorneys have helped many parents realize their custody wishes.

In divorce, and matters related to children, oftentimes, people feel like the first time they go to court and the order is against them, or they feel like the court has decided contrary to what they wanted, that that’s the end of the road for them. I’m here to tell you that it’s not.
— Dan Chandler, Family Law Attorney

Dad Prevails in Custody Case

Family Law Attorney Dan Chandler helped a father go from essentially zero custody to primary custody.

Facts of the Case

During the original divorce case, the father didn’t get a lawyer. He was in the military and lived outside the U.S. when the divorce occurred. The judge ordered the dad to pay child support. The mother in this case received 100% custody.

Following his duty overseas, our client set out to get some parenting time with his child.

He and his ex created an informal parenting time arrangement. Because of its informality, though, the child’s mother denied the father time with the child whenever she saw fit, for instance, after she and our client had a dispute.

Sometime later, the mom asked the court to move the child out of the state because she decided to remarry.

Relocation with Children is a Significant Issue

As always, the courts look to what’s in the best interest of the child. But when it comes to a divorced parent wanting to relocate with a child, Colorado family courts have additional considerations, such as:

  • why the requesting parent wants to move
  • why the other parent does not want the child to move out of state
  • the relationships the child has in state and in the new location

The Outcome

In a nutshell, Dan took his client’s case to court and argued that the dad should be awarded primary parenting time.

Despite the father’s previously not being formally awarded parenting time, the court was convinced by Dan’s and his client’s argument: that it was in the young child’s best interest to remain in Colorado while the mother moves out of state.

Dad will continue his parenting time here in Colorado, while the mother received, essentially, summertime parenting.

Talk with a Dad’s Rights Attorney

Dads often think they’re at a disadvantage when it comes to getting equal or primary parenting time and parental decision-making responsibilities. If you’re a father who has considered pursuing more custody of your child, but you are not sure if you have a leg to stand on, call us so we can discuss Colorado father’s rights.

Call 303-688-0944 to begin your case assessment or schedule online when you click here.

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