Fathers have the same rights as mothers. In fact, a court cannot presume that any person is better able to serve the best interest of the child because of that person’s sex. [C.R.S. § 14-10-124(3); In re Marriage of Miller, 620 P.2d 819 (Colo. App. 1983)].
In Colorado, there is a presumption that it is in the best interest of a child to have both parents in his or her life. This means when a Colorado court determines parenting time it starts with the idea that each parent has 50 percent of the time with the children. In order for a parent to change the parenting time from 50 percent, effectively restricting the other parent’s parenting time, the parent wishing to restrict the time must show that the other parent is a danger to the children. [C.R.S. § 14-10-129].
The best defense is to maintain the status quo
In determining parenting time, the court looks at many factors. One such factor is the status quo. The moment you file, whether a divorce or a custody action, the court issues an injunction preventing either party from disrupting the status quo. It is beneficial to maintain the status quo in a way which shows your devotion to the children’s best interest.
For example, during the marriage the father and mother generally live together in the marital home. They co-parent the children in the children’s best interest. After filing, one person will usually move out of the marital home. While still in the marital home co-parenting was an easy task, but now that one person lives else ware co-parenting may become seemingly more difficult.
It is important to continue to show that you can successfully co-parent in the children’s best interest despite your newly separated status. Our attorneys can help you to facilitate a parenting time schedule that is in the children’s best interest.
Protecting the father’s rights
From the initial filing of your divorce or custody case, we begin advocating for our clients. There are several points throughout the divorce or custody process which are integral in defending a father’s rights. At the initial status conference, we advocate for proper experts. At mediation, we negotiate for our client’s goals. We constantly negotiate to achieve the very best outcome for our clients. We are not afraid to fight for what is right.
Frequently Asked Questions
What does Best Interest of the Child mean?
C.R.S. § 14-10-124 defines the Best Interest of the Child Standard. It is the standard the Court uses in determining parenting time. Some of the factors included in §14-10-124 include:
- The wishes of the child’s parents as to parenting time
- The wishes of the child if he or she is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule
- The interaction and interrelationship of the child with his or her parents, his or her siblings, and any other person who may significantly affect the child’s interests
- The child’s adjustment to his or her home, school and community
- The mental and physical health of all individuals involved
- The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party
- Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment and mutual support
- The physical proximity of the parties to each other as this relates to the practical considerations of parenting time
How is time measured?
The court measures parenting time in number of overnights spent throughout the calendar year. For example, a 50/50 parenting plan meant that one parent has 183 overnights while the other parent has 182 overnights.
If you need help with your process, our fathers rights attorney are here to fight for you. For your free, no obligation, consultation call (303) 688-0944.