Gender shouldn’t impact parental rights in Colorado divorces

| May 26, 2020 | Family Law |

One of the most pervasive and damaging myths about divorce is the one that claims that men simply can’t get a fair day in court, especially as fathers. Some people really do seem to believe that the courts have an inherent bias against fathers when it comes to custody proceedings.

Believing that their desire for custody is hopeless, some fathers even choose not to ask the courts for shared custody, because they think doing so will be a waste of their time. Don’t let a mistaken assumption come between you and the relationship with your children. Fathers have the same basic parenting rights that mothers do during a divorce and can play an important role in the lives of children.

The parenting laws in Colorado doesn’t reference gender

In order for there to be some kind of inherent legal bias against men or fathers, the law in Colorado should somehow reflect that gender influences how a judge should allocate parental rights and responsibilities.

However, if you review the laws about parenting time and other parental rights, you will quickly see that they don’t talk about gender or gender-based parenting roles. Instead, the language is intentionally gender-neutral so that it applies not only to both members of heterosexual couples but also to LGBT+ families.

As a father, you have the same right to seek parental rights and responsibilities as does your ex, and you can take steps to maximize time with your children as the divorce proceeds.

What do the courts consider when splitting up parental responsibilities?

The courts look at a broad range of family factors when determining what is the best way to split up parental rights and responsibilities. The role that each parent has played, the preferences of the children themselves and the practical circumstances of the parents and even the demands of their jobs can influence what the courts feel will be the best way to split up parental rights and responsibilities.

As a general rule, the focus should be on what is best for the kids when the courts make decisions about parenting time and other responsibilities. If you make the kids’ needs your focus as well, that will show the courts that you are a dedicated and loving parent ready to step up and fulfill your duties, regardless of your gender.

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