Do Mothers Have an Edge in Family Court?

While mothers have special challenges in family law cases, it’s important to remember that the law is gender-blind.

The rights of each parent, when both parents are fit and capable parents, are determined in the best interests of the child or children.

A common question our Family Law Team regularly receives is whether moms are favored by the courts. If the child involved is younger than six months old, then, yes, the court may lean toward favoring the mother over the father.

Courts will oftentimes give the mother more favorable parenting time to accommodate breastfeeding. However, when the child turns six months old, the courts will usually open up to a much more equal parenting plan for both parents.

In terms of a child much older than six months, there is not a centric system 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 courts do not favor women over men or men over women.

Schedule a Case Assessment

Custody cases or divorces involving children are some of the most contentious and stressful matters in family law. It’s important to have an attorney who will look out for your child’s and your best interests — and help you remain focused on your goals, not your ex who may be causing unnecessary drama. Set up a case assessment at 303-688-0944 or click here to schedule online.