Do Mothers Have an Edge in Family Court?

October 9, 2020 | Bill Henry

While mothers have special challenges in family law cases, it’s important to remember that the law is gender blind. The rights to each parent, when both parents are fit and capable parents, is determined in the best interests of the child or children.

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Family Law Attorney here to discuss with you the question “is this a mother-favored court system?” Well, the answer depends quite frankly, if you’re dealing with a case with a very, very young child such as under six-months-old.

The courts will often times give the mother more favorable parenting time to accommodate breastfeeding, changing of diapers and other sort of infant-style activities. However, usually at that six-month mark the courts will open up to a much more equal parenting plan for both parents.

In terms of a child much older than six months. I would say that there is not a centric system of towards one gender or the other in Colorado. The point of family law courts is to determine whether both parents are putting the best interest of the child before their own.

The court comes at this from a presumption that both parents are fit parents and can provide for the minor child until that presumption is turned aside from other evidence. So to answer a long question shortly, no Colorado does not favor women over men or men over women.

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