Parental Rights - Father
Child Custody Lawyers in Denver and Boulder
In years past there used to be a bias in favor of a mother's parental rights during and after a divorce. That's no longer the case. Now the overriding consideration in all divorce cases involving children is "the child's best interests".
The gender of any parent wanting custody is not as important as that parent's ability to provide good care for the child. Courts will quite often award custody to the father and child support payments and visitation (parenting time) to the mother. Each case is decided on an individual basis.
Parenting plan
Another change from the way things were done years ago is the increased current emphasis on mediation and cooperation between the two parents. If the two parents can draw up a parenting plan, allocating all the important decisions to one or the other parent, the court is likely to approve it.
In cases where disagreement prevents any such cooperatively devised parenting plan, the court will decide who should have custody. To provide information to the court in making that decision, there may be parenting evaluations. These are done by one or more court-appointed psychologist(s).
Termination of rights
If one parent considers the other one to be performing inadequately as to child custody or visitation (parenting time), that parent can petition the court to terminate those rights. However, strong proof must be provided (photographs or videos, preferably) that the parent in question is causing severe harm to the child. Most courts will allow that parent to demonstrate that their behavior has changed and now they're better equipped to provide good child care.
Relocating
In 2005, the Colorado Supreme Court made two decisions that affect the right of a parent to move and take the child. It declared that no Colorado court has the right to require a parent to continue living in Colorado.
Rather than requiring that the child's best interests be served in a particular way of its own choosing, the court must look at the parenting plan submitted by the two parents and use it as the basis for any further decisions.
So the parents, being of equal standing in the law, must both make it clear how they'll continue providing care for the child. The parent who wants to move doesn't have to prove that the move is in "the best interests" of the child, because all people have a right to move or travel.
Changing custody
If the visitation parent (parenting time parent) considers that the custodial parent (majority time parent) is not performing well enough and that custody should be switched, the court can order a custody evaluation.
This will be done by court-appointed psychologists. It won't be the only basis for any court decision, however. The court will look at several factors, such as testimony presented by each parent and the results of a social study of each parent.
The award of custody is not as "either-or" as it used to be. If the majority time parent is found by the court to be doing poorly, more time may be allocated to the other parent., rather than the custody being entirely taken from the first parent.
Who can "pick up" the children?
If the existing parenting plan doesn't contain language specifying who can pick up the children from school or other places, disputes often arise. A common scenario is the custodial parent objecting to the other parent's new spouse picking up the kids.
Sometimes there's a basis for the objection, but usually it stems from control desires, or jealousy.
For the court to consider making any new decisions on this matter, there must be proof of genuine threat to the child. That mean the objecting parent must make a videotape or take photographs.
At Hull & Zimmerman we'll give you a free consultation and will answer all your questions to help you understand your situation from a legal perspective. We'll look at the facts, assess your situation, and explain legal terms. If you choose to retain us, we'll assign whatever resources are needed to bring your case to a successful conclusion. At all stages of the process, we'll be available to explain and answer your further questions.
Greater Denver metro area and Colorado Child Custody Lawyers.
Hull and Zimmerman, P.C.
2921 W. 120th Ave., Ste 220
Westminster, Colorado 80234
Phone: 303-423-1770
Fax: 303-423-2102
Toll Free: 1-866-385-3505
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