This topic concerns whether Colorado is a Mother’s Rights state or a Father’s Rights state in custody actions. I’m gonna talk to you a little bit about the law when it concerns whether or not Colorado favors mothers over fathers or fathers over mothers. In fact, in Colorado, the law is gender neutral. That means that the court makes a decision about what’s best for a child regardless of whether or not the parent who is requesting parenting time or primary care is a man or a woman. It is not something that a court is even allowed to consider whether one parent is female or male.
I’ve often heard advertising from lawyers stating that they are a father’s rights law firm and I have to chuckle when I hear that because obviously that advertisement is meant to place fear into the the heart of a father who’s seeking parental rights. Unnecessarily, that father should know, just like all mothers should know, that when a judge decides parenting time and custody, a judge is doing that regardless of gender. That means that the judge is colorblind and is not going to prefer a man or a woman, and a father or a mother should not have preference in a custody case.
A court has to carefully consider the child’s best interest. The court is going to look at what kind of pattern of parenting time has taken place between the parties, how are the children or the child bonded with each parent. And this is another serious, thoughtful consideration that you should be making when you are involved in one of these cases, so that you can come up with a strategy that you know a judge is going to be looking at in deciding your child custody case.