Questions of custody and parenting time can be overwhelming and emotional during divorce. Many fathers worry about whether the law favors mothers and what rights they have when it comes to caring for and raising their children.
The good news is that Colorado law does not give preference to either parent. Instead, courts focus on what is in the child’s best interests. Understanding father custody rights in Colorado can help you make informed decisions and protect your role in your child’s life.
If you have questions about your rights as a father during the divorce process or, would like to speak with a Denver child custody attorney, please contact us today.
What Do Fathers’ Custody Rights Look Like in Colorado?
In Colorado, the law treats mothers and fathers equally when determining custody. This means fathers have the same rights as mothers to seek parenting time and decision-making authority. Courts focus on the child’s needs and interests rather than outdated assumptions about gender roles.
Generally, both parents should share responsibilities for raising their children unless there are strong reasons not to. Judges consider factors such as the child’s relationship with each parent, the parents’ ability to work together, and any history of domestic violence or substance abuse.
Unmarried Father Custody Rights in Colorado
For married fathers, parental rights are usually automatically established once the child is born. However, an unmarried father’s custody rights are different. In these cases, a father must establish legal paternity before the court will recognize his parental rights.
To establish paternity, you can:
- Sign an Acknowledgment of Parentage form;
- File a paternity case in court; or
- Take a DNA test if there is a paternity dispute.
After establishing paternity, unmarried fathers can request parenting time and decision-making rights, just like married fathers. Without this step, the law may not recognize the father’s rights to custody or visitation.
How to Get Custody Rights as a Father
Many dads wonder how to get custody rights as a father in Colorado. The process generally starts with filing a petition for allocation of parental responsibilities. This petition asks the court to grant you specific parenting time and decision-making authority.
To decide custody matters, the court looks at what is in the child’s best interests. Some of the factors judges consider include:
- The child’s relationship with each parent. Judges may look at who has been the primary caregiver, but both parents’ involvement matters.
- Each parent’s ability to provide a safe and stable environment. Judges consider whether each parent can offer financial stability, secure housing, and emotional support.
- The child’s adjustment to home, school, and community. Courts often try to keep children’s routines as consistent as possible.
- The ability of each parent to support the child’s relationship with the other parent. Judges often favor parents who show cooperation rather than conflict.
Taking steps to stay active in your child’s life, keeping records of your involvement, and showing a willingness to co-parent can strengthen your request for custody.
Can a Father File for Full Custody?
A common question is whether a father can file for full custody in Colorado. The answer is yes. Fathers can request sole decision-making authority or the majority of parenting time. However, full custody is not the norm. Courts generally prefer arrangements that allow children to have meaningful relationships with both parents.
Full custody may be considered in cases where one parent has serious issues that could put the child at risk, such as ongoing substance abuse, domestic violence, or neglect. Even in these cases, judges may allow limited or supervised parenting time for the other parent, depending on what is safe for the child.
Courts will also examine whether the father has been the child’s primary caregiver, the stability of his home, and his ability to meet the child’s physical and emotional needs. Filing for full custody requires clear evidence and careful preparation. Working with a skilled family law attorney can help a parent prepare and present a strong case.
Can a Father File for Emergency Custody?
Sometimes urgent situations arise where a father can file for emergency custody in Colorado. Emergency custody orders aim to protect a child who is in immediate danger, such as situations involving abuse, neglect, or threats to their safety.
To file for emergency child custody in Colorado, a parent must submit a motion with the court explaining why the child is in immediate danger and needs protection. This motion should include supporting evidence, such as police reports, medical records, or witness statements.
If the judge believes the child’s safety is at risk, the court can issue temporary emergency orders, often within a short timeframe, before scheduling a full hearing to review the situation in more detail.
How Legal Guidance from Plog & Stein Can Help You
Custody disputes can be some of the most stressful and emotional parts of divorce or separation. Custody cases involve complicated laws, detailed court procedures, and high emotional stakes.
Having experienced legal guidance makes a world of difference. An attorney can explain your rights in plain language, help you gather the proper evidence, and present your case to the judge to protect your relationship with your child.
At Plog & Stein, P.C., our attorneys have over 70 years of combined experience in Colorado family law. We take a logical, well-prepared approach to custody cases, helping fathers and mothers understand their options and protect their parental rights. Our team provides clear communication and practical strategies to support you throughout the process.
Our knowledge of Colorado custody laws and the local court system allows us to build a strong case that reflects what is best for your child. We also recognize the long-term impact custody decisions can have and work to create solutions that provide stability and peace of mind for families.
Call Plog & Stein Today to Speak With a Child Custody Lawyer
If you are trying to understand the scope of father custody rights in Colorado or considering filing for custody, the attorneys at Plog & Stein can help. We can explain your options, represent you in court, and work toward a custody arrangement that protects you and your child.
Contact us today to schedule a consultation and learn how we can help you with your custody case.
