Colorado laws are gender-blind. That means that the law does not differentiate between fathers and mothers on the basis of gender when it comes to child custody and other divorce-related issues. That, however, is mostly in theory. In practice, fathers in Colorado may find that their case is much shakier than that of the mothers of their children, and that they may be subjected to discrimination.
Fathers have every right to be involved in their children’s upbringing, and, in fact, research has proven time and again, that the role of a solid, supportive, and emotionally present father in the children’s life is invaluable. However, child custody battles can become toxic. Often, much of that hostility is directed towards the father. The other party may make allegations of abuse, harassment, and even violence against the father in order to gain the upper hand in child custody proceedings.
Allegations of domestic violence are frequently made in such cases, and the fact that a Temporary Restraining Order can very easily be taken out against a father, makes the situation worse. A father who has a Temporary Restraining Order against him may find that his child custody case is dramatically weaker.
Colorado no longer decides automatically in favor of the mother on child custody and other divorce-related matters. The mother is not guaranteed child custody of the child. Earlier, the tender years doctrine, dictated that custody of children below the age of 13, be given to the mother. The doctrine believed that the mother was a much more stable, emotional and nurturing figure, and that children of this age would do much better if their custody was granted to the mother instead of the father.
Those archaic rules no longer apply, but even then, you need a fathers’ rights attorney on your side if you are currently in the middle of a contentious divorce or child custody battle, that you believe could affect your rights as a father. Contact a Fathers’ rights attorney at Van Der Jagt Law Firm to discuss your particular case.